AMENDMENT No[ 1 ]. TO PARTNERSHIP AGREEMENT BETWEEN THE U.S. DEPARTMENT OF LABOR, WAGE AND HOUR DIVISION AND The Arkansas Department of Labor, Labor Standards Division

PARTNERSHIP AGREEMENT BETWEEN THE U.S. DEPARTMENT OF LABOR, WAGE AND HOUR DIVISION AND The Arkansas Department of Labor, Labor Standards Division (PDF)

Pursuant to the Period of Agreement Section, the November 17, 2015 Partnership Agreement made and entered into by and between The United States Department of Labor’s Wage and Hour Division (hereinafter referred to as “WHD” or “Department”) and the Arkansas Department of Labor, Labor Standards Division (hereinafter referred to as “AR-LSD”), together collectively referred to as “the agencies” or “the parties”, is hereby renewed and will expire 3 years from the renewal date below, subject to the following changes to the Partnership Agreement:

The Exchange of Information section is revised to add the following paragraphs:

• Should either party receive a request or subpoena that would, fairly construed, seek production of privileged information that it received pursuant to this agreement, the party receiving such a request or subpoena shall take reasonable measures, including but not limited to asserting the common interest privilege, to preclude or restrict the production of such information for ten (10) business days, and shall promptly notify the donor agency that such a request or subpoena has been received, so that the donor agency may file any appropriate objections or motions, or take any other appropriate steps, to preclude or condition the production of such information.
• Neither party shall have authority to waive any applicable privilege or doctrine on behalf of the other party, nor shall any waiver of an applicable privilege or doctrine by the conduct of one party be construed to apply to the other party.
• The agencies will notify one another, through the agency POC identified in this agreement, upon commencement of litigation, a hearing, or other proceeding that may involve the release, through subpoena, introduction of written evidence, or testimony, of information exchanged under this agreement.

All other terms and conditions remain the same.

The November 17, 2015 Partnership Agreement is renewed effective as of the 11th day of September, 2018.