Ark. Code Ann. § 11-13-101 — AR Code / Title 11 / Chapter 13 / Section 11-13-101
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013. Acts 1993, No. 1232, § 1.

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.

Acts 1993, No. 1232, § 1.
Ark. Code Ann. § 11-10-531 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-531
Claims - Payment of benefits
Status: in_force

(a) Benefits shall be paid promptly in accordance with an initial determination or redetermination that the benefits are due or in accordance with a subsequent decision by any appellate tribunal, board, or court that the benefits are due. (b) The pendency of an appeal shall not of itself suspend or stay the payment of benefits once they have been determined to be due. (c) Benefits determined to be due shall remain payable during any appeal until the determination has been modified or reversed by a subsequent decision or redetermination, in which case payment of benefits shall be suspended until such time as benefits might later be determined or decided to be due. Acts 1941, No. 391, § 6; 1943, No. 138, § 10; 1972 (Ex. Sess.), No. 58, § 1; A.S.A. 1947, § 81-1107.

(a) Benefits shall be paid promptly in accordance with an initial determination or redetermination that the benefits are due or in accordance with a subsequent decision by any appellate tribunal, board, or court that the benefits are due.

(b) The pendency of an appeal shall not of itself suspend or stay the payment of benefits once they have been determined to be due.

(c) Benefits determined to be due shall remain payable during any appeal until the determination has been modified or reversed by a subsequent decision or redetermination, in which case payment of benefits shall be suspended until such time as benefits might later be determined or decided to be due.

Acts 1941, No. 391, § 6; 1943, No. 138, § 10; 1972 (Ex. Sess.), No. 58, § 1; A.S.A. 1947, § 81-1107.
Ark. Code Ann. § 11-15-102 — AR Code / Title 11 / Chapter 15 / Section 11-15-102
Definitions
Status: in_force

As used in this section: (1) "DD 214" means a United States Department of Defense Report of Separation form or its predecessor or successor forms; (2) (A) "Local government employer" means a municipality, a county, or township of the state that has issued a resolution to implement a veterans' preference employment policy under § 11-15-103 . (B) "Local government employer" does not include the state or a public institution of higher education; (3) (A) "Private employer" means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees. (B) "Private employer" does not include the state or a public institution of higher education; (4) "Spouse of a disabled veteran" means: (A) The spouse of a veteran who has been classified by the United States Department of Veterans Affairs' Veterans Benefits Administration as having a permanent total disability rating; and (B) A United States citizen; (5) "Surviving spouse" means a spouse of a deceased veteran who is: (A) Unmarried at the time he or she seeks a veterans' preference under § 11-15-103 ; and (B) A United States citizen; (6) "Veteran" means a person who: (A) Served on active duty for a period of more than one hundred eighty (180) days and was discharged or released from active duty with other than a dishonorable discharge; (B) Was discharged or released from active duty because of a service-connected disability; or (C) As a member of a reserve component under an order to active duty, not to include training, was discharged or released from duty with other than a dishonorable discharge; and (7) "Veterans' preference employment policy" means a private employer or local government employer's voluntary preference for hiring, promoting, or retaining a veteran, spouse of a disabled veteran, or surviving spouse of a veteran over another equally qualified applicant or employee. Added by Act 2013, No. 598,§ 1, eff. 8/16/2013.

As used in this section:

(1) "DD 214" means a United States Department of Defense Report of Separation form or its predecessor or successor forms;

(2) (A) "Local government employer" means a municipality, a county, or township of the state that has issued a resolution to implement a veterans' preference employment policy under § 11-15-103 . (B) "Local government employer" does not include the state or a public institution of higher education;

(A) "Local government employer" means a municipality, a county, or township of the state that has issued a resolution to implement a veterans' preference employment policy under § 11-15-103 .

(B) "Local government employer" does not include the state or a public institution of higher education;

(3) (A) "Private employer" means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees. (B) "Private employer" does not include the state or a public institution of higher education;

(A) "Private employer" means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees.

(B) "Private employer" does not include the state or a public institution of higher education;

(4) "Spouse of a disabled veteran" means: (A) The spouse of a veteran who has been classified by the United States Department of Veterans Affairs' Veterans Benefits Administration as having a permanent total disability rating; and (B) A United States citizen;

(A) The spouse of a veteran who has been classified by the United States Department of Veterans Affairs' Veterans Benefits Administration as having a permanent total disability rating; and

(B) A United States citizen;

(5) "Surviving spouse" means a spouse of a deceased veteran who is: (A) Unmarried at the time he or she seeks a veterans' preference under § 11-15-103 ; and (B) A United States citizen;

(A) Unmarried at the time he or she seeks a veterans' preference under § 11-15-103 ; and

(B) A United States citizen;

(6) "Veteran" means a person who: (A) Served on active duty for a period of more than one hundred eighty (180) days and was discharged or released from active duty with other than a dishonorable discharge; (B) Was discharged or released from active duty because of a service-connected disability; or (C) As a member of a reserve component under an order to active duty, not to include training, was discharged or released from duty with other than a dishonorable discharge; and

(A) Served on active duty for a period of more than one hundred eighty (180) days and was discharged or released from active duty with other than a dishonorable discharge;

(B) Was discharged or released from active duty because of a service-connected disability; or

(C) As a member of a reserve component under an order to active duty, not to include training, was discharged or released from duty with other than a dishonorable discharge; and

(7) "Veterans' preference employment policy" means a private employer or local government employer's voluntary preference for hiring, promoting, or retaining a veteran, spouse of a disabled veteran, or surviving spouse of a veteran over another equally qualified applicant or employee.

Added by Act 2013, No. 598,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 11-10-213 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-213
State
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, "state" includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. Acts 1941, No. 391, § 2; 1977, No. 376, § 5; 1983, No. 482, § 4; A.S.A. 1947, § 81-1103.

As used in this chapter, unless the context clearly requires otherwise, "state" includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.

Acts 1941, No. 391, § 2; 1977, No. 376, § 5; 1983, No. 482, § 4; A.S.A. 1947, § 81-1103.
Ark. Code Ann. § 11-9-104 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-104
Effect of unconstitutionality
Status: in_force

If any part of this chapter is adjudged unconstitutional by the courts and the adjudication has the effect of invalidating any payment of compensation under this chapter, the period intervening between the time the injury was sustained and the time of the adjudication shall not be computed as part of the time prescribed by law for the commencement of any action against the employer in respect of the injury, but the amount of any compensation paid under this chapter on account of the injury shall be deducted from the amount of damages awarded in the action in respect to the injury. Init. Meas. 1948, No. 4, § 48, Acts 1949, p. 1420; A.S.A. 1947, § 81-1349.

If any part of this chapter is adjudged unconstitutional by the courts and the adjudication has the effect of invalidating any payment of compensation under this chapter, the period intervening between the time the injury was sustained and the time of the adjudication shall not be computed as part of the time prescribed by law for the commencement of any action against the employer in respect of the injury, but the amount of any compensation paid under this chapter on account of the injury shall be deducted from the amount of damages awarded in the action in respect to the injury.

Init. Meas. 1948, No. 4, § 48, Acts 1949, p. 1420; A.S.A. 1947, § 81-1349.
Ark. Code Ann. § 11-10-217 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-217
Insured work
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, "insured work" means employment for employers. Acts 1941, No. 391, § 2; A.S.A. 1947, § 81-1103.

As used in this chapter, unless the context clearly requires otherwise, "insured work" means employment for employers.

Acts 1941, No. 391, § 2; A.S.A. 1947, § 81-1103.
Ark. Code Ann. § 11-9-911 — AR Code / Title 11 / Chapter 9 / Subchapter 9 / Section 11-9-911
Termination of self-insurer status - Liability
Status: in_force

Any person or entity whose workers' compensation self-insurer status is terminated shall thereafter be subject to no further assessments by the Workers' Compensation Commission, but shall remain liable for all assessments due prior to the date of termination. Acts 1991, No. 756, § 2.

Any person or entity whose workers' compensation self-insurer status is terminated shall thereafter be subject to no further assessments by the Workers' Compensation Commission, but shall remain liable for all assessments due prior to the date of termination.

Acts 1991, No. 756, § 2.
Ark. Code Ann. § 11-13-113 — AR Code / Title 11 / Chapter 13 / Section 11-13-113
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013. Acts 1993, No. 1232, § 12.

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.

Acts 1993, No. 1232, § 12.
Ark. Code Ann. § 11-9-901 — AR Code / Title 11 / Chapter 9 / Subchapter 9 / Section 11-9-901
Creation - Exemption
Status: in_force

(a) (1) (A) The Workers' Compensation Commission is hereby authorized to recognize two separate entities formed under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and §§ 4-28-209 - 4-28-223 , to function as guaranty funds for Arkansas workers' compensation self-insurers in the private sector. (B) One (1) guaranty fund will be established for individual self-insurers and homogeneous self-insurer groups, as defined in § 11-9-404(a)(3)(A) . (C) A separate guaranty fund will be established for common self-insurer groups, as defined in § 11-9-404(a)(3)(B) . (2) The two (2) funds shall be created, funded, and administered completely independently from each other. (3) The assets of the two (2) funds shall remain separate for all purposes and cannot be combined, and the assets of one (1) fund shall not be utilized to satisfy the obligations of the other fund. (b) Public sector self-insurers are specifically exempted from the provisions of this subchapter. (c) As used in this subchapter, "public sector self-insurer" means a group of municipalities, a city, a county, or the state entity which directly exercises control over an employee and which pays the employee's salary. Acts 1991, No. 756, §§ 1, 8; 1993, No. 452, § 1; 1995, No. 825, § 2.

(a) (1) (A) The Workers' Compensation Commission is hereby authorized to recognize two separate entities formed under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and §§ 4-28-209 - 4-28-223 , to function as guaranty funds for Arkansas workers' compensation self-insurers in the private sector. (B) One (1) guaranty fund will be established for individual self-insurers and homogeneous self-insurer groups, as defined in § 11-9-404(a)(3)(A) . (C) A separate guaranty fund will be established for common self-insurer groups, as defined in § 11-9-404(a)(3)(B) . (2) The two (2) funds shall be created, funded, and administered completely independently from each other. (3) The assets of the two (2) funds shall remain separate for all purposes and cannot be combined, and the assets of one (1) fund shall not be utilized to satisfy the obligations of the other fund.

(1) (A) The Workers' Compensation Commission is hereby authorized to recognize two separate entities formed under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and §§ 4-28-209 - 4-28-223 , to function as guaranty funds for Arkansas workers' compensation self-insurers in the private sector. (B) One (1) guaranty fund will be established for individual self-insurers and homogeneous self-insurer groups, as defined in § 11-9-404(a)(3)(A) . (C) A separate guaranty fund will be established for common self-insurer groups, as defined in § 11-9-404(a)(3)(B) .

(A) The Workers' Compensation Commission is hereby authorized to recognize two separate entities formed under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and §§ 4-28-209 - 4-28-223 , to function as guaranty funds for Arkansas workers' compensation self-insurers in the private sector.

(B) One (1) guaranty fund will be established for individual self-insurers and homogeneous self-insurer groups, as defined in § 11-9-404(a)(3)(A) .

(C) A separate guaranty fund will be established for common self-insurer groups, as defined in § 11-9-404(a)(3)(B) .

(2) The two (2) funds shall be created, funded, and administered completely independently from each other.

(3) The assets of the two (2) funds shall remain separate for all purposes and cannot be combined, and the assets of one (1) fund shall not be utilized to satisfy the obligations of the other fund.

(b) Public sector self-insurers are specifically exempted from the provisions of this subchapter.

(c) As used in this subchapter, "public sector self-insurer" means a group of municipalities, a city, a county, or the state entity which directly exercises control over an employee and which pays the employee's salary.

Acts 1991, No. 756, §§ 1, 8; 1993, No. 452, § 1; 1995, No. 825, § 2.
Ark. Code Ann. § 11-4-101 — AR Code / Title 11 / Chapter 4 / Subchapter 1 / Section 11-4-101
Assignment of wages
Status: in_force

No assignment or order for wages to be earned in the future to secure a loan of less than two hundred dollars ($200) shall be valid against any employer of the person making the assignment or order until the assignment or order is accepted in writing by the employer and the assignment or order and the acceptance of it has been filed with the recorder of the county where the party making the assignment or order resides if a resident of this state or in the state where he or she is employed. Amended by Act 2013, No. 1151,§ 2, eff. 8/16/2013. Acts 1911, No. 34, §§ 1, 2; C. & M. Dig., §§ 7133, 7134; Pope's Dig., §§ 9119, 9120; A.S.A. 1947, §§ 81-316, 81-317.

No assignment or order for wages to be earned in the future to secure a loan of less than two hundred dollars ($200) shall be valid against any employer of the person making the assignment or order until the assignment or order is accepted in writing by the employer and the assignment or order and the acceptance of it has been filed with the recorder of the county where the party making the assignment or order resides if a resident of this state or in the state where he or she is employed.

Amended by Act 2013, No. 1151,§ 2, eff. 8/16/2013.

Acts 1911, No. 34, §§ 1, 2; C. & M. Dig., §§ 7133, 7134; Pope's Dig., §§ 9119, 9120; A.S.A. 1947, §§ 81-316, 81-317.
Ark. Code Ann. § 11-9-112 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-112
Preference for due compensation
Status: in_force

Compensation due an injured employee or his or her dependents shall have the same preference as is allowed by law to an employee for unpaid wages. Init. Meas. 1948, No. 4, § 22, Acts 1949, p. 1420; A.S.A. 1947, § 81-1322.

Compensation due an injured employee or his or her dependents shall have the same preference as is allowed by law to an employee for unpaid wages.

Init. Meas. 1948, No. 4, § 22, Acts 1949, p. 1420; A.S.A. 1947, § 81-1322.
Ark. Code Ann. § 11-10-804 — AR Code / Title 11 / Chapter 10 / Subchapter 8 / Section 11-10-804
Federal Unemployment Trust Fund - Termination
Status: in_force

(a) The provisions of this subchapter, to the extent that they relate to the federal Unemployment Trust Fund, shall be operative only so long as the federal Unemployment Trust Fund continues to exist and so long as the United States Secretary of the Treasury continues to maintain for this state a separate book account of all funds deposited therein by this state for benefit purposes, together with this state's proportionate share of the earnings of the federal Unemployment Trust Fund, from which no other state is permitted to make withdrawals. (b) (1) If and when the federal Unemployment Trust Fund ceases to exist, or such separate book account is no longer maintained, all moneys, properties, and securities belonging to the Unemployment Compensation Fund of this state shall be administered by the Director of the Division of Workforce Services as a trust fund for the purpose of paying benefits under this chapter. (2) (A) The director shall have authority to hold, invest, transfer, sell, deposit, and release the moneys and any properties, securities, or earnings acquired as an incident to the administration. (B) The moneys shall be invested in readily marketable classes of securities, bonds, or other interest-bearing obligations of the United States or secured as to both interest and principal by the United States. (C) The investments shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. Amended by Act 2019, No. 910,§ 316, eff. 7/1/2019. Acts 1941, No. 391, § 9; 1965, No. 33, § 1; A.S.A. 1947, § 81-1112.

(a) The provisions of this subchapter, to the extent that they relate to the federal Unemployment Trust Fund, shall be operative only so long as the federal Unemployment Trust Fund continues to exist and so long as the United States Secretary of the Treasury continues to maintain for this state a separate book account of all funds deposited therein by this state for benefit purposes, together with this state's proportionate share of the earnings of the federal Unemployment Trust Fund, from which no other state is permitted to make withdrawals.

(b) (1) If and when the federal Unemployment Trust Fund ceases to exist, or such separate book account is no longer maintained, all moneys, properties, and securities belonging to the Unemployment Compensation Fund of this state shall be administered by the Director of the Division of Workforce Services as a trust fund for the purpose of paying benefits under this chapter. (2) (A) The director shall have authority to hold, invest, transfer, sell, deposit, and release the moneys and any properties, securities, or earnings acquired as an incident to the administration. (B) The moneys shall be invested in readily marketable classes of securities, bonds, or other interest-bearing obligations of the United States or secured as to both interest and principal by the United States. (C) The investments shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits.

(1) If and when the federal Unemployment Trust Fund ceases to exist, or such separate book account is no longer maintained, all moneys, properties, and securities belonging to the Unemployment Compensation Fund of this state shall be administered by the Director of the Division of Workforce Services as a trust fund for the purpose of paying benefits under this chapter.

(2) (A) The director shall have authority to hold, invest, transfer, sell, deposit, and release the moneys and any properties, securities, or earnings acquired as an incident to the administration. (B) The moneys shall be invested in readily marketable classes of securities, bonds, or other interest-bearing obligations of the United States or secured as to both interest and principal by the United States. (C) The investments shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits.

(A) The director shall have authority to hold, invest, transfer, sell, deposit, and release the moneys and any properties, securities, or earnings acquired as an incident to the administration.

(B) The moneys shall be invested in readily marketable classes of securities, bonds, or other interest-bearing obligations of the United States or secured as to both interest and principal by the United States.

(C) The investments shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits.

Amended by Act 2019, No. 910,§ 316, eff. 7/1/2019.

Acts 1941, No. 391, § 9; 1965, No. 33, § 1; A.S.A. 1947, § 81-1112.
Ark. Code Ann. § 11-10-305 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-305
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 9, eff. 8/1/2017. Acts 1941, No. 391, § 11; 1949, No. 155, § 12; 1971, No. 35, § 17; 1975, No. 609, § 9; A.S.A. 1947, § 81-1114; Acts 1991, No. 100, § 13; 1997, No. 234, § 5; 1997, No. 250, § 60.

Repealed by Act 2017, No. 540,§ 9, eff. 8/1/2017.

Acts 1941, No. 391, § 11; 1949, No. 155, § 12; 1971, No. 35, § 17; 1975, No. 609, § 9; A.S.A. 1947, § 81-1114; Acts 1991, No. 100, § 13; 1997, No. 234, § 5; 1997, No. 250, § 60.
Ark. Code Ann. § 11-10-226 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-226
American aircraft
Status: in_force

"American aircraft" means an aircraft registered under the laws of the United States. Acts 1941, No. 391, § 2; 1971, No. 35, § 6; A.S.A. 1947, § 81-1103.

"American aircraft" means an aircraft registered under the laws of the United States.

Acts 1941, No. 391, § 2; 1971, No. 35, § 6; A.S.A. 1947, § 81-1103.
Ark. Code Ann. § 11-4-205 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-205
Right of collective bargaining not affected
Status: in_force

(a) Except as provided in subsection (b) of this section, nothing in this subchapter, including the provisions of § 11-4-218(b) , shall be deemed to interfere with, impede, or in any way diminish the right of employers and employees to bargain collectively through representatives of their own choosing in order to establish wages or other conditions of work. (b) Collective bargaining by public employees is prohibited under § 21-1-801 et seq. Amended by Act 2021, No. 612,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 914,§ 2, eff. 4/5/2017. Acts 1968 (1st Ex. Sess.), No. 25, § 14; A.S.A. 1947, § 81-332. See Act 2017, No. 914, § 5.

(a) Except as provided in subsection (b) of this section, nothing in this subchapter, including the provisions of § 11-4-218(b) , shall be deemed to interfere with, impede, or in any way diminish the right of employers and employees to bargain collectively through representatives of their own choosing in order to establish wages or other conditions of work.

(b) Collective bargaining by public employees is prohibited under § 21-1-801 et seq.

Amended by Act 2021, No. 612,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 914,§ 2, eff. 4/5/2017.

Acts 1968 (1st Ex. Sess.), No. 25, § 14; A.S.A. 1947, § 81-332.

See Act 2017, No. 914, § 5.
Ark. Code Ann. § 11-6-109 — AR Code / Title 11 / Chapter 6 / Section 11-6-109
[Repealed]
Status: repealed

Repealed by Act 2023, No. 195,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5341, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5340, eff. 7/1/2019. Init. Meas. 1914, No. 1, §§ 7-10, Acts 1915, p. 1505; Acts 1917, No. 391, § 1, p. 1849; C. & M. Dig., §§ 7092-7095; Pope's Dig., §§ 9074-9077; A.S.A. 1947, §§ 81-708--81-711; Acts 1991, No. 565, § 2.

Repealed by Act 2023, No. 195,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5341, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5340, eff. 7/1/2019.

Init. Meas. 1914, No. 1, §§ 7-10, Acts 1915, p. 1505; Acts 1917, No. 391, § 1, p. 1849; C. & M. Dig., §§ 7092-7095; Pope's Dig., §§ 9074-9077; A.S.A. 1947, §§ 81-708--81-711; Acts 1991, No. 565, § 2.
Ark. Code Ann. § 11-2-119 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-119
False statements made under oath deemed perjury
Status: in_force

Any employer or owner who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statements or false evidence, under oath, to the Director of the Division of Labor or his or her authorized representatives shall be deemed guilty of perjury. Amended by Act 2019, No. 910,§ 5296, eff. 7/1/2019. Acts 1937, No. 161, § 21; Pope's Dig., § 8517; A.S.A. 1947, § 81-120.

Any employer or owner who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statements or false evidence, under oath, to the Director of the Division of Labor or his or her authorized representatives shall be deemed guilty of perjury.

Amended by Act 2019, No. 910,§ 5296, eff. 7/1/2019.

Acts 1937, No. 161, § 21; Pope's Dig., § 8517; A.S.A. 1947, § 81-120.
Ark. Code Ann. § 11-2-109 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-109
Director - Intervention in and arbitration of labor disputes
Status: in_force

(a) In addition to such other duties and powers as may be conferred upon him or her by law, the Director of the Division of Labor shall have the power, jurisdiction, and authority: (1) (A) To intervene or authorize his or her representative to intervene in any labor dispute in a strictly conciliatory or mediatory capacity whenever he or she is extended a written invitation to do so by either party to the controversy. (B) However, the Division of Labor may proffer its services to both parties when a work stoppage is threatened and neither party requests intervention; (2) To do all in his or her power to promote the voluntary arbitration of disputes between employers and employees and to avoid the necessity of resorting to lockouts, boycotts, blacklists, discriminations, and legal proceedings in matters of employment. (b) (1) In pursuance of his or her duty, whenever both sides to any controversy agree to voluntary arbitration, the director may appoint temporary boards of arbitration, prescribe rules of procedure for the arbitration boards, conduct investigations and hearings, publish reports and advertisements, and do all things convenient and necessary to accomplish the purposes of this subchapter. (2) Members of the boards of arbitration may receive expense reimbursement in accordance with § 25-16-901 et seq. (c) (1) The Secretary of the Department of Labor and Licensing may designate an employee of the division to act as chief mediator and may detail other employees or persons not in the division from time to time to act as his or her assistants for the purpose of executing these provisions. (2) Employees of the division shall serve on temporary boards without extra compensation. Amended by Act 2019, No. 910,§ 5285, eff. 7/1/2019. Acts 1937, No. 161, § 7; Pope's Dig., § 8503; Acts 1951, No. 273, § 1; A.S.A. 1947, § 81-107; Acts 1997, No. 250, § 57.

(a) In addition to such other duties and powers as may be conferred upon him or her by law, the Director of the Division of Labor shall have the power, jurisdiction, and authority: (1) (A) To intervene or authorize his or her representative to intervene in any labor dispute in a strictly conciliatory or mediatory capacity whenever he or she is extended a written invitation to do so by either party to the controversy. (B) However, the Division of Labor may proffer its services to both parties when a work stoppage is threatened and neither party requests intervention; (2) To do all in his or her power to promote the voluntary arbitration of disputes between employers and employees and to avoid the necessity of resorting to lockouts, boycotts, blacklists, discriminations, and legal proceedings in matters of employment.

(1) (A) To intervene or authorize his or her representative to intervene in any labor dispute in a strictly conciliatory or mediatory capacity whenever he or she is extended a written invitation to do so by either party to the controversy. (B) However, the Division of Labor may proffer its services to both parties when a work stoppage is threatened and neither party requests intervention;

(A) To intervene or authorize his or her representative to intervene in any labor dispute in a strictly conciliatory or mediatory capacity whenever he or she is extended a written invitation to do so by either party to the controversy.

(B) However, the Division of Labor may proffer its services to both parties when a work stoppage is threatened and neither party requests intervention;

(2) To do all in his or her power to promote the voluntary arbitration of disputes between employers and employees and to avoid the necessity of resorting to lockouts, boycotts, blacklists, discriminations, and legal proceedings in matters of employment.

(b) (1) In pursuance of his or her duty, whenever both sides to any controversy agree to voluntary arbitration, the director may appoint temporary boards of arbitration, prescribe rules of procedure for the arbitration boards, conduct investigations and hearings, publish reports and advertisements, and do all things convenient and necessary to accomplish the purposes of this subchapter. (2) Members of the boards of arbitration may receive expense reimbursement in accordance with § 25-16-901 et seq.

(1) In pursuance of his or her duty, whenever both sides to any controversy agree to voluntary arbitration, the director may appoint temporary boards of arbitration, prescribe rules of procedure for the arbitration boards, conduct investigations and hearings, publish reports and advertisements, and do all things convenient and necessary to accomplish the purposes of this subchapter.

(2) Members of the boards of arbitration may receive expense reimbursement in accordance with § 25-16-901 et seq.

(c) (1) The Secretary of the Department of Labor and Licensing may designate an employee of the division to act as chief mediator and may detail other employees or persons not in the division from time to time to act as his or her assistants for the purpose of executing these provisions. (2) Employees of the division shall serve on temporary boards without extra compensation.

(1) The Secretary of the Department of Labor and Licensing may designate an employee of the division to act as chief mediator and may detail other employees or persons not in the division from time to time to act as his or her assistants for the purpose of executing these provisions.

(2) Employees of the division shall serve on temporary boards without extra compensation.

Amended by Act 2019, No. 910,§ 5285, eff. 7/1/2019.

Acts 1937, No. 161, § 7; Pope's Dig., § 8503; Acts 1951, No. 273, § 1; A.S.A. 1947, § 81-107; Acts 1997, No. 250, § 57.
Ark. Code Ann. § 11-12-104 — AR Code / Title 11 / Chapter 12 / Section 11-12-104
Restrictions on employment
Status: in_force

(a) A child under sixteen (16) years of age may be employed in the entertainment industry, and the provisions of §§ 11-6-101 - 11-6-111 , with respect to child labor, shall not be applicable to the employment of child actors as authorized in this chapter. (b) No child under sixteen (16) years of age may be employed in the entertainment industry: (1) In a role or in an environment deemed to be hazardous or detrimental to the health, morals, education, or welfare of the child as determined by the Director of the Division of Labor; (2) When the child is required to use a dressing room that is simultaneously occupied by an adult or by other children of the opposite sex; (3) When the child is not provided with a suitable place to rest or play; (4) When the parent or guardian of the child is prevented from being present at the scene of employment during all the times the child is working; (5) When the parent or guardian of the child is prevented from being within sight and sound of the child; and (6) Without a permit issued by the director and the written consent of the child's parent or guardian for the issuance of the permit. Amended by Act 2019, No. 910,§ 5399, eff. 7/1/2019. Acts 1987, No. 647, § 3.

(a) A child under sixteen (16) years of age may be employed in the entertainment industry, and the provisions of §§ 11-6-101 - 11-6-111 , with respect to child labor, shall not be applicable to the employment of child actors as authorized in this chapter.

(b) No child under sixteen (16) years of age may be employed in the entertainment industry: (1) In a role or in an environment deemed to be hazardous or detrimental to the health, morals, education, or welfare of the child as determined by the Director of the Division of Labor; (2) When the child is required to use a dressing room that is simultaneously occupied by an adult or by other children of the opposite sex; (3) When the child is not provided with a suitable place to rest or play; (4) When the parent or guardian of the child is prevented from being present at the scene of employment during all the times the child is working; (5) When the parent or guardian of the child is prevented from being within sight and sound of the child; and (6) Without a permit issued by the director and the written consent of the child's parent or guardian for the issuance of the permit.

(1) In a role or in an environment deemed to be hazardous or detrimental to the health, morals, education, or welfare of the child as determined by the Director of the Division of Labor;

(2) When the child is required to use a dressing room that is simultaneously occupied by an adult or by other children of the opposite sex;

(3) When the child is not provided with a suitable place to rest or play;

(4) When the parent or guardian of the child is prevented from being present at the scene of employment during all the times the child is working;

(5) When the parent or guardian of the child is prevented from being within sight and sound of the child; and

(6) Without a permit issued by the director and the written consent of the child's parent or guardian for the issuance of the permit.

Amended by Act 2019, No. 910,§ 5399, eff. 7/1/2019.

Acts 1987, No. 647, § 3.
Ark. Code Ann. § 11-13-104 — AR Code / Title 11 / Chapter 13 / Section 11-13-104
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013. Acts 1993, No. 1232, § 4.

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.

Acts 1993, No. 1232, § 4.
Ark. Code Ann. § 11-1-202 — AR Code / Title 11 / Chapter 1 / Subchapter 2 / Section 11-1-202
Purpose
Status: in_force

The purpose of this subchapter is to help employers create jobs, help individuals return to work and no longer need public assistance, and grow the economy. Added by Act 2019, No. 1055,§ 1, eff. 7/24/2019.

The purpose of this subchapter is to help employers create jobs, help individuals return to work and no longer need public assistance, and grow the economy.

Added by Act 2019, No. 1055,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 11-10-225 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-225
American vessel
Status: in_force

"American vessel" means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if its crew is employed solely by one (1) or more citizens or residents of the United States or corporations organized under the laws of the United States or of any state. Acts 1941, No. 391, § 2; 1971, No. 35, § 6; A.S.A. 1947, § 81-1103.

"American vessel" means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if its crew is employed solely by one (1) or more citizens or residents of the United States or corporations organized under the laws of the United States or of any state.

Acts 1941, No. 391, § 2; 1971, No. 35, § 6; A.S.A. 1947, § 81-1103.
Ark. Code Ann. § 11-10-609 — AR Code / Title 11 / Chapter 10 / Subchapter 6 / Section 11-10-609
Eligibility for compensation
Status: in_force

(a) An individual is eligible to receive shared work unemployment compensation benefits with respect to any week only if, in addition to monetary entitlement, the Director of the Division of Workforce Services finds that: (1) During the week, the individual is employed as a member of an affected group under an approved shared work compensation plan that was approved before that week, and the plan is in effect with respect to the week for which the benefits are claimed; (2) (A) During the week, the individual is able to work and is available for the normal work week with the shared work employer. (B) However, an otherwise eligible individual shall not be denied benefits with respect to any week in which he or she is in training to enhance job skills, including employer-sponsored training and worker training funded under the Arkansas Workforce Innovation and Opportunity Act, § 15-4-3701 et seq., if the training has been approved by the director. (b) Notwithstanding any other provisions of this chapter to the contrary, an individual is deemed unemployed in any week for which remuneration is payable to him or her as an employee in an affected group for ninety percent (90%) or less than his or her normal weekly hours of work as specified under the approved shared work compensation plan in effect for the week. (c) Notwithstanding any other provisions of this chapter to the contrary, an individual shall not be denied shared work unemployment compensation benefits for any week by reason of the application of provisions relating to availability for work and active search for work with an employer other than the shared work unemployment compensation employer. Amended by Act 2019, No. 910,§ 281, eff. 7/1/2019. Amended by Act 2015, No. 907,§ 2, eff. 7/1/2015. Amended by Act 2013, No. 956,§ 5, eff. 7/1/2013. Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n.

(a) An individual is eligible to receive shared work unemployment compensation benefits with respect to any week only if, in addition to monetary entitlement, the Director of the Division of Workforce Services finds that: (1) During the week, the individual is employed as a member of an affected group under an approved shared work compensation plan that was approved before that week, and the plan is in effect with respect to the week for which the benefits are claimed; (2) (A) During the week, the individual is able to work and is available for the normal work week with the shared work employer. (B) However, an otherwise eligible individual shall not be denied benefits with respect to any week in which he or she is in training to enhance job skills, including employer-sponsored training and worker training funded under the Arkansas Workforce Innovation and Opportunity Act, § 15-4-3701 et seq., if the training has been approved by the director.

(1) During the week, the individual is employed as a member of an affected group under an approved shared work compensation plan that was approved before that week, and the plan is in effect with respect to the week for which the benefits are claimed;

(2) (A) During the week, the individual is able to work and is available for the normal work week with the shared work employer. (B) However, an otherwise eligible individual shall not be denied benefits with respect to any week in which he or she is in training to enhance job skills, including employer-sponsored training and worker training funded under the Arkansas Workforce Innovation and Opportunity Act, § 15-4-3701 et seq., if the training has been approved by the director.

(A) During the week, the individual is able to work and is available for the normal work week with the shared work employer.

(B) However, an otherwise eligible individual shall not be denied benefits with respect to any week in which he or she is in training to enhance job skills, including employer-sponsored training and worker training funded under the Arkansas Workforce Innovation and Opportunity Act, § 15-4-3701 et seq., if the training has been approved by the director.

(b) Notwithstanding any other provisions of this chapter to the contrary, an individual is deemed unemployed in any week for which remuneration is payable to him or her as an employee in an affected group for ninety percent (90%) or less than his or her normal weekly hours of work as specified under the approved shared work compensation plan in effect for the week.

(c) Notwithstanding any other provisions of this chapter to the contrary, an individual shall not be denied shared work unemployment compensation benefits for any week by reason of the application of provisions relating to availability for work and active search for work with an employer other than the shared work unemployment compensation employer.

Amended by Act 2019, No. 910,§ 281, eff. 7/1/2019.

Amended by Act 2015, No. 907,§ 2, eff. 7/1/2015.

Amended by Act 2013, No. 956,§ 5, eff. 7/1/2013.

Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n.
Ark. Code Ann. § 11-10-518 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-518
Disqualification - Certain workers in training program excepted
Status: in_force

(a) Notwithstanding any other provision of this chapter, an adversely affected worker covered by a certification under Subchapter A, Chapter 2, Title II of the Trade Act of 1974 may not be determined to be ineligible or disqualified for unemployment insurance or Trade Act benefits payable under Part I, Subchapter B, Chapter 2, Title II of the Trade Act of 1974 because the individual is in training approved under Part II, Subchapter B, Chapter 2, Title II of the Trade Act of 1974 because of: (1) Leaving work which is not suitable employment to begin or continue training; or (2) The application to any such week in training of provisions of this chapter or any state or federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work. (b) For purposes of this section, the term "suitable employment" means, with respect to a worker described in this section, work of a substantially equal or higher skill level than the worker's past adversely affected employment and wages for such work at not less than eighty percent (80%) of the worker's average weekly wage. Acts 1941, No. 391, § 5; 1943, No. 138, § 30; 1947, No. 398, § 4; 1949, No. 155, § 5; 1953, No. 162, § 3; 1955, No. 395, §§ 17, 18; 1963, No. 93, § 6; 1977, No. 376, § 11; 1979, No. 492, § 9; 1979, No. 922, § 9; 1981, No. 43, §§ 6, 7; 1981 (1st Ex. Sess.), No. 37, § 1; A.S.A. 1947, § 81-1106; 2005, No. 902, § 5.

(a) Notwithstanding any other provision of this chapter, an adversely affected worker covered by a certification under Subchapter A, Chapter 2, Title II of the Trade Act of 1974 may not be determined to be ineligible or disqualified for unemployment insurance or Trade Act benefits payable under Part I, Subchapter B, Chapter 2, Title II of the Trade Act of 1974 because the individual is in training approved under Part II, Subchapter B, Chapter 2, Title II of the Trade Act of 1974 because of: (1) Leaving work which is not suitable employment to begin or continue training; or (2) The application to any such week in training of provisions of this chapter or any state or federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work.

(1) Leaving work which is not suitable employment to begin or continue training; or

(2) The application to any such week in training of provisions of this chapter or any state or federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work.

(b) For purposes of this section, the term "suitable employment" means, with respect to a worker described in this section, work of a substantially equal or higher skill level than the worker's past adversely affected employment and wages for such work at not less than eighty percent (80%) of the worker's average weekly wage.

Acts 1941, No. 391, § 5; 1943, No. 138, § 30; 1947, No. 398, § 4; 1949, No. 155, § 5; 1953, No. 162, § 3; 1955, No. 395, §§ 17, 18; 1963, No. 93, § 6; 1977, No. 376, § 11; 1979, No. 492, § 9; 1979, No. 922, § 9; 1981, No. 43, §§ 6, 7; 1981 (1st Ex. Sess.), No. 37, § 1; A.S.A. 1947, § 81-1106; 2005, No. 902, § 5.
Ark. Code Ann. § 11-7-207 — AR Code / Title 11 / Chapter 7 / Subchapter 2 / Section 11-7-207
Assistant State Mine Inspector
Status: in_force

(a) There is created the office of Assistant State Mine Inspector. (b) His or her term of office shall be for a period of two (2) years, to run coextensively with the term of the State Mine Inspector and until his or her successor has been appointed and qualified. (c) He or she shall be appointed by the Governor and work under the direction of the State Mine Inspector. (d) He or she may be removed by the Governor for neglect of duty or for any other reasonable cause. (e) He or she shall have been a resident of the State of Arkansas for the number of years and possess the same qualifications as are required of the State Mine Inspector. (f) (1) Before entering upon the discharge of his or her duties as Assistant State Mine Inspector, he or she shall take and subscribe to the oath of office prescribed by law for the State Mine Inspector and shall execute a bond to the State of Arkansas, with approved security, in the sum of five thousand dollars ($5,000), conditioned upon the faithful performance of his or her duties as such official. (2) The bond shall be approved as in the case of the State Mine Inspector and, when so approved, shall be filed in the office of the Secretary of State. (g) The Assistant State Mine Inspector shall report to the State Mine Inspector and shall be an employee of the Department of Labor and Licensing. Amended by Act 2019, No. 910,§ 5346, eff. 7/1/2019. Acts 1949, No. 268, § 20; A.S.A. 1947, § 52-414.

(a) There is created the office of Assistant State Mine Inspector.

(b) His or her term of office shall be for a period of two (2) years, to run coextensively with the term of the State Mine Inspector and until his or her successor has been appointed and qualified.

(c) He or she shall be appointed by the Governor and work under the direction of the State Mine Inspector.

(d) He or she may be removed by the Governor for neglect of duty or for any other reasonable cause.

(e) He or she shall have been a resident of the State of Arkansas for the number of years and possess the same qualifications as are required of the State Mine Inspector.

(f) (1) Before entering upon the discharge of his or her duties as Assistant State Mine Inspector, he or she shall take and subscribe to the oath of office prescribed by law for the State Mine Inspector and shall execute a bond to the State of Arkansas, with approved security, in the sum of five thousand dollars ($5,000), conditioned upon the faithful performance of his or her duties as such official. (2) The bond shall be approved as in the case of the State Mine Inspector and, when so approved, shall be filed in the office of the Secretary of State.

(1) Before entering upon the discharge of his or her duties as Assistant State Mine Inspector, he or she shall take and subscribe to the oath of office prescribed by law for the State Mine Inspector and shall execute a bond to the State of Arkansas, with approved security, in the sum of five thousand dollars ($5,000), conditioned upon the faithful performance of his or her duties as such official.

(2) The bond shall be approved as in the case of the State Mine Inspector and, when so approved, shall be filed in the office of the Secretary of State.

(g) The Assistant State Mine Inspector shall report to the State Mine Inspector and shall be an employee of the Department of Labor and Licensing.

Amended by Act 2019, No. 910,§ 5346, eff. 7/1/2019.

Acts 1949, No. 268, § 20; A.S.A. 1947, § 52-414.
Ark. Code Ann. § 11-9-812 — AR Code / Title 11 / Chapter 9 / Subchapter 8 / Section 11-9-812
Incarceration of injured employee
Status: in_force

(a) (1) When any person who receives workers' compensation benefits is incarcerated in an institution under the control of the Division of Correction, the inmate's spouse or, if no spouse, the inmate's minor dependent children, may petition the Workers' Compensation Commission to award to the spouse or minor dependent children the inmate's workers' compensation weekly disability benefits for the period of the claimant's incarceration. (2) If the inmate has no surviving spouse or surviving minor dependent children, the division may petition the commission to award to the division the amount of the workers' compensation weekly disability benefits for the period of the claimant's incarceration necessary to reimburse the division for the cost of incarcerating the inmate. (b) The commission shall promulgate rules necessary for the implementation of this section. Amended by Act 2019, No. 315,§ 798, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 697, eff. 7/1/2019. Acts 1993, No. 372, §§ 1, 2.

(a) (1) When any person who receives workers' compensation benefits is incarcerated in an institution under the control of the Division of Correction, the inmate's spouse or, if no spouse, the inmate's minor dependent children, may petition the Workers' Compensation Commission to award to the spouse or minor dependent children the inmate's workers' compensation weekly disability benefits for the period of the claimant's incarceration. (2) If the inmate has no surviving spouse or surviving minor dependent children, the division may petition the commission to award to the division the amount of the workers' compensation weekly disability benefits for the period of the claimant's incarceration necessary to reimburse the division for the cost of incarcerating the inmate.

(1) When any person who receives workers' compensation benefits is incarcerated in an institution under the control of the Division of Correction, the inmate's spouse or, if no spouse, the inmate's minor dependent children, may petition the Workers' Compensation Commission to award to the spouse or minor dependent children the inmate's workers' compensation weekly disability benefits for the period of the claimant's incarceration.

(2) If the inmate has no surviving spouse or surviving minor dependent children, the division may petition the commission to award to the division the amount of the workers' compensation weekly disability benefits for the period of the claimant's incarceration necessary to reimburse the division for the cost of incarcerating the inmate.

(b) The commission shall promulgate rules necessary for the implementation of this section.

Amended by Act 2019, No. 315,§ 798, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 697, eff. 7/1/2019.

Acts 1993, No. 372, §§ 1, 2.
Ark. Code Ann. § 11-9-303 — AR Code / Title 11 / Chapter 9 / Subchapter 3 / Section 11-9-303
Payment of tax by carrier - Definition
Status: in_force

(a) (1) In addition to the premium taxes collected from carriers, the carriers shall pay annually to the Workers' Compensation Commission a tax, at the rate to be determined as provided in § 11-9-306 but not to exceed three percent (3%), on all written manual premiums resulting from the writing of workers' compensation insurance on risks within the state. (2) Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund under § 11-9-502 , the tax rate under this section shall not exceed one and five-tenths percent (1.5%). (b) "Written manual premium" means premium produced in a given year by the manual rates in effect during the experience period and shall exclude the premium produced by the expense constant. Furthermore, "written manual premium", for the purpose of this chapter, means premium before any allowable deviated discounts, any experience rating modification, any premium discount, any reinsurance or deductible arrangement as common with fronting carriers, any dividend consideration, or other trade discount. (c) (1) This tax shall be collected by the commission from the carriers at the same time and in the same manner as insurance premium taxes under § 26-57-601 et seq. and deposited into the funds created in § 11-9-301 . (2) This transfer from the funds created in § 11-9-301 shall be in the same proportions that deposits were made into the three (3) funds as set forth in § 11-9-306(a) -(c). (d) (1) Assessments upon which premium taxes are based shall be made on forms prescribed by the commission and shall be paid to the commission. (2) Absent a waiver obtained from the commission for good cause, the failure of the licensed carrier to pay the assessment when due shall be referred to the Insurance Commissioner for appropriate administrative action against the Arkansas certificate of authority of the delinquent insurer. (e) Premium tax payments shall be made by check payable to the commission. Amended by Act 2016EX3, No. 5,§ 1, eff. 8/22/2016. Amended by Act 2016EX3, No. 4,§ 1, eff. 8/22/2016. Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348; Acts 1989 (3rd Ex. Sess.), No. 22, § 3; 1993, No. 652, § 14; 2001, No. 1757, § 5; 2005, No. 505, § 1.

(a) (1) In addition to the premium taxes collected from carriers, the carriers shall pay annually to the Workers' Compensation Commission a tax, at the rate to be determined as provided in § 11-9-306 but not to exceed three percent (3%), on all written manual premiums resulting from the writing of workers' compensation insurance on risks within the state. (2) Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund under § 11-9-502 , the tax rate under this section shall not exceed one and five-tenths percent (1.5%).

(1) In addition to the premium taxes collected from carriers, the carriers shall pay annually to the Workers' Compensation Commission a tax, at the rate to be determined as provided in § 11-9-306 but not to exceed three percent (3%), on all written manual premiums resulting from the writing of workers' compensation insurance on risks within the state.

(2) Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund under § 11-9-502 , the tax rate under this section shall not exceed one and five-tenths percent (1.5%).

(b) "Written manual premium" means premium produced in a given year by the manual rates in effect during the experience period and shall exclude the premium produced by the expense constant. Furthermore, "written manual premium", for the purpose of this chapter, means premium before any allowable deviated discounts, any experience rating modification, any premium discount, any reinsurance or deductible arrangement as common with fronting carriers, any dividend consideration, or other trade discount.

(c) (1) This tax shall be collected by the commission from the carriers at the same time and in the same manner as insurance premium taxes under § 26-57-601 et seq. and deposited into the funds created in § 11-9-301 . (2) This transfer from the funds created in § 11-9-301 shall be in the same proportions that deposits were made into the three (3) funds as set forth in § 11-9-306(a) -(c).

(1) This tax shall be collected by the commission from the carriers at the same time and in the same manner as insurance premium taxes under § 26-57-601 et seq. and deposited into the funds created in § 11-9-301 .

(2) This transfer from the funds created in § 11-9-301 shall be in the same proportions that deposits were made into the three (3) funds as set forth in § 11-9-306(a) -(c).

(d) (1) Assessments upon which premium taxes are based shall be made on forms prescribed by the commission and shall be paid to the commission. (2) Absent a waiver obtained from the commission for good cause, the failure of the licensed carrier to pay the assessment when due shall be referred to the Insurance Commissioner for appropriate administrative action against the Arkansas certificate of authority of the delinquent insurer.

(1) Assessments upon which premium taxes are based shall be made on forms prescribed by the commission and shall be paid to the commission.

(2) Absent a waiver obtained from the commission for good cause, the failure of the licensed carrier to pay the assessment when due shall be referred to the Insurance Commissioner for appropriate administrative action against the Arkansas certificate of authority of the delinquent insurer.

(e) Premium tax payments shall be made by check payable to the commission.

Amended by Act 2016EX3, No. 5,§ 1, eff. 8/22/2016.

Amended by Act 2016EX3, No. 4,§ 1, eff. 8/22/2016.

Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348; Acts 1989 (3rd Ex. Sess.), No. 22, § 3; 1993, No. 652, § 14; 2001, No. 1757, § 5; 2005, No. 505, § 1.
Ark. Code Ann. § 11-9-209 — AR Code / Title 11 / Chapter 9 / Subchapter 2 / Section 11-9-209
Statistical data collection
Status: in_force

(a) The Workers' Compensation Commission shall publish annually, on an aggregate basis, information pertaining to the distribution of workers' compensation insurance premiums, losses, expenses, and net income to be compiled from reports required to be filed with the Secretary of the Department of Labor and Licensing pursuant to § 23-63-216 , as amended, or any similar information required to be filed by the secretary regarding workers' compensation insurance. (b) The commission shall also publish in that same annual report information regarding aggregate workers' compensation benefit distribution to claimants, medical providers, and attorneys if that specific information or similar information becomes available from revised or additional reporting requirements that may be required by the secretary. Amended by Act 2019, No. 910,§ 5359, eff. 7/1/2019. Acts 1991, No. 1060, § 7.

(a) The Workers' Compensation Commission shall publish annually, on an aggregate basis, information pertaining to the distribution of workers' compensation insurance premiums, losses, expenses, and net income to be compiled from reports required to be filed with the Secretary of the Department of Labor and Licensing pursuant to § 23-63-216 , as amended, or any similar information required to be filed by the secretary regarding workers' compensation insurance.

(b) The commission shall also publish in that same annual report information regarding aggregate workers' compensation benefit distribution to claimants, medical providers, and attorneys if that specific information or similar information becomes available from revised or additional reporting requirements that may be required by the secretary.

Amended by Act 2019, No. 910,§ 5359, eff. 7/1/2019.

Acts 1991, No. 1060, § 7.
Ark. Code Ann. § 11-9-523 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-523
Compensation for disability - Hernia
Status: in_force

(a) In all cases of claims for hernia, it shall be shown to the satisfaction of the Workers' Compensation Commission: (1) That the occurrence of the hernia immediately followed as the result of sudden effort, severe strain, or the application of force directly to the abdominal wall; (2) That there was severe pain in the hernial region; (3) That the pain caused the employee to cease work immediately; (4) That notice of the occurrence was given to the employer within forty-eight (48) hours thereafter; and (5) That the physical distress following the occurrence of the hernia was such as to require the attendance of a licensed physician within seventy-two (72) hours after the occurrence. (b) (1) In every case of hernia, it shall be the duty of the employer forthwith to provide the necessary and proper medical, surgical, and hospital care and attention to effectuate a cure by radical operation of the hernia, to pay all reasonable expenses in connection therewith, and, in addition, to pay compensation not exceeding a period of twenty-six (26) weeks. (2) In case the employee shall refuse to permit the operation, it shall be the duty of the employer to provide all necessary first aid, medical and hospital care and service, to supply the proper and necessary truss or other mechanical appliance to enable the employee to resume work, to pay all reasonable expenses in connection therewith, and, in addition, to pay compensation not exceeding a period of thirteen (13) weeks. (c) In case death results within a period of one (1) year, either from the hernia or from the radical operation thereof, compensation shall be paid the dependents as provided in other death cases under this chapter. (d) Recurrence of the hernia following radical operation thereof shall be considered a separate hernia, and the provisions and limitations regarding the original hernia shall apply. Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1959, No. 144, § 1; Init. Meas. 1968, No. 1, §§ 2, 3, Acts 1969; Acts 1973, No. 221, § 2; 1975, No. 288, § 1; A.S.A. 1947, § 81-1313.

(a) In all cases of claims for hernia, it shall be shown to the satisfaction of the Workers' Compensation Commission: (1) That the occurrence of the hernia immediately followed as the result of sudden effort, severe strain, or the application of force directly to the abdominal wall; (2) That there was severe pain in the hernial region; (3) That the pain caused the employee to cease work immediately; (4) That notice of the occurrence was given to the employer within forty-eight (48) hours thereafter; and (5) That the physical distress following the occurrence of the hernia was such as to require the attendance of a licensed physician within seventy-two (72) hours after the occurrence.

(1) That the occurrence of the hernia immediately followed as the result of sudden effort, severe strain, or the application of force directly to the abdominal wall;

(2) That there was severe pain in the hernial region;

(3) That the pain caused the employee to cease work immediately;

(4) That notice of the occurrence was given to the employer within forty-eight (48) hours thereafter; and

(5) That the physical distress following the occurrence of the hernia was such as to require the attendance of a licensed physician within seventy-two (72) hours after the occurrence.

(b) (1) In every case of hernia, it shall be the duty of the employer forthwith to provide the necessary and proper medical, surgical, and hospital care and attention to effectuate a cure by radical operation of the hernia, to pay all reasonable expenses in connection therewith, and, in addition, to pay compensation not exceeding a period of twenty-six (26) weeks. (2) In case the employee shall refuse to permit the operation, it shall be the duty of the employer to provide all necessary first aid, medical and hospital care and service, to supply the proper and necessary truss or other mechanical appliance to enable the employee to resume work, to pay all reasonable expenses in connection therewith, and, in addition, to pay compensation not exceeding a period of thirteen (13) weeks.

(1) In every case of hernia, it shall be the duty of the employer forthwith to provide the necessary and proper medical, surgical, and hospital care and attention to effectuate a cure by radical operation of the hernia, to pay all reasonable expenses in connection therewith, and, in addition, to pay compensation not exceeding a period of twenty-six (26) weeks.

(2) In case the employee shall refuse to permit the operation, it shall be the duty of the employer to provide all necessary first aid, medical and hospital care and service, to supply the proper and necessary truss or other mechanical appliance to enable the employee to resume work, to pay all reasonable expenses in connection therewith, and, in addition, to pay compensation not exceeding a period of thirteen (13) weeks.

(c) In case death results within a period of one (1) year, either from the hernia or from the radical operation thereof, compensation shall be paid the dependents as provided in other death cases under this chapter.

(d) Recurrence of the hernia following radical operation thereof shall be considered a separate hernia, and the provisions and limitations regarding the original hernia shall apply.

Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1959, No. 144, § 1; Init. Meas. 1968, No. 1, §§ 2, 3, Acts 1969; Acts 1973, No. 221, § 2; 1975, No. 288, § 1; A.S.A. 1947, § 81-1313.
Ark. Code Ann. § 11-12-103 — AR Code / Title 11 / Chapter 12 / Section 11-12-103
Penalty
Status: in_force

(a) Any person, firm, corporation, or association who violates a provision of this chapter or a lawful rule promulgated under this chapter shall be liable for a civil penalty in accordance with the provisions of § 11-6-103 . (b) (1) Any person who willfully or intentionally violates the provisions of this chapter or a lawful rule promulgated under this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for not more than thirty (30) days, or by both a fine and imprisonment. (2) Each day that the violation continues shall be deemed a separate offense. Amended by Act 2019, No. 315,§ 842, eff. 7/24/2019. Acts 1987, No. 647, § 5; 1991, No. 509, § 2.

(a) Any person, firm, corporation, or association who violates a provision of this chapter or a lawful rule promulgated under this chapter shall be liable for a civil penalty in accordance with the provisions of § 11-6-103 .

(b) (1) Any person who willfully or intentionally violates the provisions of this chapter or a lawful rule promulgated under this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for not more than thirty (30) days, or by both a fine and imprisonment. (2) Each day that the violation continues shall be deemed a separate offense.

(1) Any person who willfully or intentionally violates the provisions of this chapter or a lawful rule promulgated under this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for not more than thirty (30) days, or by both a fine and imprisonment.

(2) Each day that the violation continues shall be deemed a separate offense.

Amended by Act 2019, No. 315,§ 842, eff. 7/24/2019.

Acts 1987, No. 647, § 5; 1991, No. 509, § 2.
Ark. Code Ann. § 11-10-542 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-542
Extended benefits - Not payable under interstate benefit payment plan - Exceptions
Status: in_force

(a) Except as provided in subsection (b) of this section, an individual shall not be eligible for extended benefits for any week if: (1) Extended benefits are payable for that week pursuant to an interstate claim filed in any state under the interstate benefit payment plan; and (2) No extended benefit period is in effect for that week in that state. (b) Subsection (a) of this section shall not apply with respect to the first two (2) weeks for which extended benefits are payable, determined without regard to this section pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the Unemployment Compensation Fund Extended Benefits Account established for the individual with respect to the benefit year. Acts 1971, No. 35, § 21; 1981, No. 43, § 18; A.S.A. 1947, § 81-1124.

(a) Except as provided in subsection (b) of this section, an individual shall not be eligible for extended benefits for any week if: (1) Extended benefits are payable for that week pursuant to an interstate claim filed in any state under the interstate benefit payment plan; and (2) No extended benefit period is in effect for that week in that state.

(1) Extended benefits are payable for that week pursuant to an interstate claim filed in any state under the interstate benefit payment plan; and

(2) No extended benefit period is in effect for that week in that state.

(b) Subsection (a) of this section shall not apply with respect to the first two (2) weeks for which extended benefits are payable, determined without regard to this section pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the Unemployment Compensation Fund Extended Benefits Account established for the individual with respect to the benefit year.

Acts 1971, No. 35, § 21; 1981, No. 43, § 18; A.S.A. 1947, § 81-1124.
Ark. Code Ann. § 11-10-1015 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1015
Tax exemption
Status: in_force

(a) All Arkansas Unemployment Trust Fund Bonds issued under this subchapter and interest on the bonds shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes. (b) The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds. Acts 2011, No. 1125, § 1.

(a) All Arkansas Unemployment Trust Fund Bonds issued under this subchapter and interest on the bonds shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes.

(b) The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-4-213 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-213
Allowance for furnishing board, lodging, apparel, etc
Status: in_force

(a) An employer of an employee engaged in an occupation in which board, lodging, apparel, or other items and services are customarily and regularly furnished to the employee for his or her benefit is entitled to an allowance for the reasonable value of board, lodging, apparel, or other items and services as part of the hourly wage rate provided in § 11-4-210 in an amount not to exceed the fair and reasonable cost of the board, lodging, apparel, or other items and services. (b) The determination of reasonable cost of the board, lodging, apparel, or other items and services shall be based on 29 U.S.C. § 203(m) , as it existed on January 1, 2019, and 29 C.F.R. § 531.1 et seq. Amended by Act 2019, No. 910,§ 5314, eff. 7/1/2019. Amended by Act 2019, No. 853,§ 2, eff. 7/24/2019. Acts 1968 (1st Ex. Sess.), No. 25, § 3; 1973, No. 13, § 1; A.S.A. 1947, § 81-321.

(a) An employer of an employee engaged in an occupation in which board, lodging, apparel, or other items and services are customarily and regularly furnished to the employee for his or her benefit is entitled to an allowance for the reasonable value of board, lodging, apparel, or other items and services as part of the hourly wage rate provided in § 11-4-210 in an amount not to exceed the fair and reasonable cost of the board, lodging, apparel, or other items and services.

(b) The determination of reasonable cost of the board, lodging, apparel, or other items and services shall be based on 29 U.S.C. § 203(m) , as it existed on January 1, 2019, and 29 C.F.R. § 531.1 et seq.

Amended by Act 2019, No. 910,§ 5314, eff. 7/1/2019.

Amended by Act 2019, No. 853,§ 2, eff. 7/24/2019.

Acts 1968 (1st Ex. Sess.), No. 25, § 3; 1973, No. 13, § 1; A.S.A. 1947, § 81-321.
Ark. Code Ann. § 11-11-218 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-218
Temporary licenses
Status: in_force

(a) (1) The Director of the Division of Labor shall have authority to issue a temporary license for operation of a private employment agency, which shall be valid for no more than ninety (90) days, upon submission by the applicant for the license of: (A) A properly completed application form furnished and approved by the director; (B) Submission of evidence of the applicant's compliance with the bonding requirements of this subchapter; and (C) Payment of a temporary license fee of one hundred dollars ($100). (2) The temporary license may be issued only if, after investigation, it reasonably appears that the applicant will meet the qualifications for a permanent private employment agency license. (b) (1) The director shall have authority to issue temporary licenses for agency managers and employment counselors, which shall be valid for no more than ninety (90) days, upon submission by the applicant for such license of: (A) A properly completed application form, furnished and approved by the director; and (B) Payment of a temporary license fee of ten dollars ($10.00). (2) The temporary licenses for agency managers and employment counselors may be issued only if, after investigation, it reasonably appears that the applicant will meet the qualifications for a permanent license as agency manager or employment counselor. (3) Temporary licenses issued to agency managers and employment counselors are nontransferable and are automatically rescinded upon suspension or termination of the employment of the agency manager or employment counselor. (4) The director shall approve or reject an application for a temporary agency manager's license or temporary employment counselor's license within five (5) days after receipt of a properly completed application for the license. Amended by Act 2019, No. 910,§ 5385, eff. 7/1/2019. Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.

(a) (1) The Director of the Division of Labor shall have authority to issue a temporary license for operation of a private employment agency, which shall be valid for no more than ninety (90) days, upon submission by the applicant for the license of: (A) A properly completed application form furnished and approved by the director; (B) Submission of evidence of the applicant's compliance with the bonding requirements of this subchapter; and (C) Payment of a temporary license fee of one hundred dollars ($100). (2) The temporary license may be issued only if, after investigation, it reasonably appears that the applicant will meet the qualifications for a permanent private employment agency license.

(1) The Director of the Division of Labor shall have authority to issue a temporary license for operation of a private employment agency, which shall be valid for no more than ninety (90) days, upon submission by the applicant for the license of: (A) A properly completed application form furnished and approved by the director; (B) Submission of evidence of the applicant's compliance with the bonding requirements of this subchapter; and (C) Payment of a temporary license fee of one hundred dollars ($100).

(A) A properly completed application form furnished and approved by the director;

(B) Submission of evidence of the applicant's compliance with the bonding requirements of this subchapter; and

(C) Payment of a temporary license fee of one hundred dollars ($100).

(2) The temporary license may be issued only if, after investigation, it reasonably appears that the applicant will meet the qualifications for a permanent private employment agency license.

(b) (1) The director shall have authority to issue temporary licenses for agency managers and employment counselors, which shall be valid for no more than ninety (90) days, upon submission by the applicant for such license of: (A) A properly completed application form, furnished and approved by the director; and (B) Payment of a temporary license fee of ten dollars ($10.00). (2) The temporary licenses for agency managers and employment counselors may be issued only if, after investigation, it reasonably appears that the applicant will meet the qualifications for a permanent license as agency manager or employment counselor. (3) Temporary licenses issued to agency managers and employment counselors are nontransferable and are automatically rescinded upon suspension or termination of the employment of the agency manager or employment counselor. (4) The director shall approve or reject an application for a temporary agency manager's license or temporary employment counselor's license within five (5) days after receipt of a properly completed application for the license.

(1) The director shall have authority to issue temporary licenses for agency managers and employment counselors, which shall be valid for no more than ninety (90) days, upon submission by the applicant for such license of: (A) A properly completed application form, furnished and approved by the director; and (B) Payment of a temporary license fee of ten dollars ($10.00).

(A) A properly completed application form, furnished and approved by the director; and

(B) Payment of a temporary license fee of ten dollars ($10.00).

(2) The temporary licenses for agency managers and employment counselors may be issued only if, after investigation, it reasonably appears that the applicant will meet the qualifications for a permanent license as agency manager or employment counselor.

(3) Temporary licenses issued to agency managers and employment counselors are nontransferable and are automatically rescinded upon suspension or termination of the employment of the agency manager or employment counselor.

(4) The director shall approve or reject an application for a temporary agency manager's license or temporary employment counselor's license within five (5) days after receipt of a properly completed application for the license.

Amended by Act 2019, No. 910,§ 5385, eff. 7/1/2019.

Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.
Ark. Code Ann. § 11-4-215 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-215
Learners, apprentices, and full-time students
Status: in_force

(a) For any occupation, the Director of the Division of Labor may provide, by rule, after a public hearing at which any person may be heard, for the employment in the occupation of learners, apprentices, and full-time students at wages lower than the minimum wage rate provided in § 11-4-210(b) as he or she may find appropriate to prevent curtailment of opportunities for employment and to safeguard the minimum wage rate under this subchapter. (b) No employee shall be employed at wages fixed pursuant to this section, except under special license issued under applicable rules of the director. Amended by Act 2019, No. 315,§ 763, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5316, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 25, § 7; A.S.A. 1947, § 81-325; Acts 2001, No. 1423, § 7.

(a) For any occupation, the Director of the Division of Labor may provide, by rule, after a public hearing at which any person may be heard, for the employment in the occupation of learners, apprentices, and full-time students at wages lower than the minimum wage rate provided in § 11-4-210(b) as he or she may find appropriate to prevent curtailment of opportunities for employment and to safeguard the minimum wage rate under this subchapter.

(b) No employee shall be employed at wages fixed pursuant to this section, except under special license issued under applicable rules of the director.

Amended by Act 2019, No. 315,§ 763, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5316, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 25, § 7; A.S.A. 1947, § 81-325; Acts 2001, No. 1423, § 7.
Ark. Code Ann. § 11-2-123 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-123
Employment training and placement programs for ex-offenders
Status: in_force

(a) In order to help facilitate the restoration of an ex-offender's responsibility and self-sufficiency, the Division of Labor shall work in conjunction with other appropriate state agencies, the private sector, and labor organizations to promulgate rules for implementing placement and training programs for ex-offenders. (b) Training and placement programs shall be intensive and focus on in-demand vocations and professions, including without limitation: (1) Professional careers and vocations; (2) Service careers and vocations; (3) Information and computer technology; (4) Medical technology; and (5) Office administration. (c) A training program created and administered under this section shall incorporate a "Certificate of Completion" to be awarded to any person who completes a training program under this section, which shall signify that the person is competent to enter the workforce as an employee satisfactorily trained in a particular vocation or profession or as an employee prepared for on-the-job training. Amended by Act 2019, No. 910,§ 5300, eff. 7/1/2019. Acts 2011, No. 1151, § 2.

(a) In order to help facilitate the restoration of an ex-offender's responsibility and self-sufficiency, the Division of Labor shall work in conjunction with other appropriate state agencies, the private sector, and labor organizations to promulgate rules for implementing placement and training programs for ex-offenders.

(b) Training and placement programs shall be intensive and focus on in-demand vocations and professions, including without limitation: (1) Professional careers and vocations; (2) Service careers and vocations; (3) Information and computer technology; (4) Medical technology; and (5) Office administration.

(1) Professional careers and vocations;

(2) Service careers and vocations;

(3) Information and computer technology;

(4) Medical technology; and

(5) Office administration.

(c) A training program created and administered under this section shall incorporate a "Certificate of Completion" to be awarded to any person who completes a training program under this section, which shall signify that the person is competent to enter the workforce as an employee satisfactorily trained in a particular vocation or profession or as an employee prepared for on-the-job training.

Amended by Act 2019, No. 910,§ 5300, eff. 7/1/2019.

Acts 2011, No. 1151, § 2.
Ark. Code Ann. § 11-9-105 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-105
Remedies exclusive - Exception
Status: in_force

(a) The rights and remedies granted to an employee subject to the provisions of this chapter, on account of injury or death, shall be exclusive of all other rights and remedies of the employee, his legal representative, dependents, next of kin, or anyone otherwise entitled to recover damages from the employer, or any principal, officer, director, stockholder, or partner acting in his or her capacity as an employer, or prime contractor of the employer, on account of the injury or death, and the negligent acts of a coemployee shall not be imputed to the employer. No role, capacity, or persona of any employer, principal, officer, director, or stockholder other than that existing in the role of employer of the employee shall be relevant for consideration for purposes of this chapter, and the remedies and rights provided by this chapter shall in fact be exclusive regardless of the multiple roles, capacities, or personas the employer may be deemed to have. (b) (1) However, if an employer fails to secure the payment of compensation as required by this chapter, an injured employee, or his or her legal representative in case death results from the injury, may, at his option, elect to claim compensation under this chapter or to maintain a legal action in court for damages on account of the injury or death. (2) In such action it shall not be necessary to plead or prove freedom from contributory negligence, nor may the defendant-employer plead as a defense that the injury was caused by the negligence of a fellow servant, that the employee assumed the risk of his or her employment, or that the injury was due to the contributory negligence of the employee. Amended by Act 2021, No. 353,§ 5, eff. 5/1/2023Providing that the amendment by § 2shall expire unless extended by the General Assembly . Amended by Act 2021, No. 353,§ 2, eff. 3/15/2021, app. retroactively to workers' compensation claims accruing on or filed on and after March 11, 2020. Init. Meas. 1948, No. 4, § 4, Acts 1949, p. 1420; Acts 1979, No. 253, § 1; A.S.A. 1947, § 81-1304; Acts 1993, No. 796, § 4.

(a) The rights and remedies granted to an employee subject to the provisions of this chapter, on account of injury or death, shall be exclusive of all other rights and remedies of the employee, his legal representative, dependents, next of kin, or anyone otherwise entitled to recover damages from the employer, or any principal, officer, director, stockholder, or partner acting in his or her capacity as an employer, or prime contractor of the employer, on account of the injury or death, and the negligent acts of a coemployee shall not be imputed to the employer. No role, capacity, or persona of any employer, principal, officer, director, or stockholder other than that existing in the role of employer of the employee shall be relevant for consideration for purposes of this chapter, and the remedies and rights provided by this chapter shall in fact be exclusive regardless of the multiple roles, capacities, or personas the employer may be deemed to have.

(b) (1) However, if an employer fails to secure the payment of compensation as required by this chapter, an injured employee, or his or her legal representative in case death results from the injury, may, at his option, elect to claim compensation under this chapter or to maintain a legal action in court for damages on account of the injury or death. (2) In such action it shall not be necessary to plead or prove freedom from contributory negligence, nor may the defendant-employer plead as a defense that the injury was caused by the negligence of a fellow servant, that the employee assumed the risk of his or her employment, or that the injury was due to the contributory negligence of the employee.

(1) However, if an employer fails to secure the payment of compensation as required by this chapter, an injured employee, or his or her legal representative in case death results from the injury, may, at his option, elect to claim compensation under this chapter or to maintain a legal action in court for damages on account of the injury or death.

(2) In such action it shall not be necessary to plead or prove freedom from contributory negligence, nor may the defendant-employer plead as a defense that the injury was caused by the negligence of a fellow servant, that the employee assumed the risk of his or her employment, or that the injury was due to the contributory negligence of the employee.

Amended by Act 2021, No. 353,§ 5, eff. 5/1/2023Providing that the amendment by § 2shall expire unless extended by the General Assembly .

Amended by Act 2021, No. 353,§ 2, eff. 3/15/2021, app. retroactively to workers' compensation claims accruing on or filed on and after March 11, 2020.

Init. Meas. 1948, No. 4, § 4, Acts 1949, p. 1420; Acts 1979, No. 253, § 1; A.S.A. 1947, § 81-1304; Acts 1993, No. 796, § 4.
Ark. Code Ann. § 11-10-1007 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1007
Procedure for issuing Arkansas Unemployment Trust Fund Bonds
Status: in_force

(a) Prior to the issuance of Arkansas Unemployment Trust Fund Bonds, the Arkansas Development Finance Authority shall adopt a resolution authorizing the issuance of the bonds. (b) Each resolution adopted under this section shall contain the terms, covenants, and conditions as are deemed desirable and consistent with this subchapter, including without limitation those pertaining to: (1) The establishment and maintenance of funds and accounts; (2) The deposit and investment of the bond proceeds; and (3) The rights and obligations of the state, its officers and officials, the Arkansas Development Finance Authority, and the registered owners of the bonds. (c) (1) The resolutions of the Arkansas Development Finance Authority may provide for the execution and delivery by the Arkansas Development Finance Authority of a trust indenture or trust indentures, with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions required under subsection (b) of this section and any other terms and conditions deemed necessary by the Arkansas Development Finance Authority. (2) The trust indenture or trust indentures shall be binding upon the Arkansas Development Finance Authority and the state, and their respective officers and officials. Acts 2011, No. 1125, § 1.

(a) Prior to the issuance of Arkansas Unemployment Trust Fund Bonds, the Arkansas Development Finance Authority shall adopt a resolution authorizing the issuance of the bonds.

(b) Each resolution adopted under this section shall contain the terms, covenants, and conditions as are deemed desirable and consistent with this subchapter, including without limitation those pertaining to: (1) The establishment and maintenance of funds and accounts; (2) The deposit and investment of the bond proceeds; and (3) The rights and obligations of the state, its officers and officials, the Arkansas Development Finance Authority, and the registered owners of the bonds.

(1) The establishment and maintenance of funds and accounts;

(2) The deposit and investment of the bond proceeds; and

(3) The rights and obligations of the state, its officers and officials, the Arkansas Development Finance Authority, and the registered owners of the bonds.

(c) (1) The resolutions of the Arkansas Development Finance Authority may provide for the execution and delivery by the Arkansas Development Finance Authority of a trust indenture or trust indentures, with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions required under subsection (b) of this section and any other terms and conditions deemed necessary by the Arkansas Development Finance Authority. (2) The trust indenture or trust indentures shall be binding upon the Arkansas Development Finance Authority and the state, and their respective officers and officials.

(1) The resolutions of the Arkansas Development Finance Authority may provide for the execution and delivery by the Arkansas Development Finance Authority of a trust indenture or trust indentures, with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions required under subsection (b) of this section and any other terms and conditions deemed necessary by the Arkansas Development Finance Authority.

(2) The trust indenture or trust indentures shall be binding upon the Arkansas Development Finance Authority and the state, and their respective officers and officials.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-1-203 — AR Code / Title 11 / Chapter 1 / Subchapter 2 / Section 11-1-203
Definition
Status: in_force

As used in this title, "employment status" means the status of an individual as an employee or independent contractor for employment purposes, including without limitation wages, taxation, and workers' compensation issues. Added by Act 2019, No. 1055,§ 1, eff. 7/24/2019.

As used in this title, "employment status" means the status of an individual as an employee or independent contractor for employment purposes, including without limitation wages, taxation, and workers' compensation issues.

Added by Act 2019, No. 1055,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 11-9-713 — AR Code / Title 11 / Chapter 9 / Subchapter 7 / Section 11-9-713
Modification of awards
Status: in_force

(a) (1) Except where a joint petition settlement has been approved, the Workers' Compensation Commission may review any compensation order, award, or decision. (2) This may be done at any time within six (6) months of termination of the compensation period fixed in the original compensation order or award, upon the commission's own motion or upon the application of any party in interest, on the ground of a change in physical condition or upon proof of erroneous wage rate. (3) Upon the review, the commission may make an order or award terminating, continuing, decreasing, or increasing for the future the compensation previously awarded, subject to the maximum limits provided for in this chapter. (b) The review and subsequent order or award shall be made in accordance with the procedure prescribed in § 11-9-704 . (c) No review shall affect any compensation paid pursuant to a prior order or award. (d) The commission may, at any time, correct any clerical error in any compensation order or award. (e) Aging and the effects of aging on a compensable injury are not to be considered in determining whether there has been a change in physical condition. Nor shall aging or the effect of aging on a compensable injury be considered in determining permanent disability pursuant to this section or any other section in this chapter. The purpose and intent of this section is to annul any and all case law inconsistent herewith, including International Paper Co. v. Tuberville, 302 Ark. 22, 786 S.W.2d 830 (1990). Init. Meas. 1948, No. 4, § 26, Acts 1949, p. 1420; A.S.A. 1947, § 81-1326; Acts 1993, No. 796, § 31.

(a) (1) Except where a joint petition settlement has been approved, the Workers' Compensation Commission may review any compensation order, award, or decision. (2) This may be done at any time within six (6) months of termination of the compensation period fixed in the original compensation order or award, upon the commission's own motion or upon the application of any party in interest, on the ground of a change in physical condition or upon proof of erroneous wage rate. (3) Upon the review, the commission may make an order or award terminating, continuing, decreasing, or increasing for the future the compensation previously awarded, subject to the maximum limits provided for in this chapter.

(1) Except where a joint petition settlement has been approved, the Workers' Compensation Commission may review any compensation order, award, or decision.

(2) This may be done at any time within six (6) months of termination of the compensation period fixed in the original compensation order or award, upon the commission's own motion or upon the application of any party in interest, on the ground of a change in physical condition or upon proof of erroneous wage rate.

(3) Upon the review, the commission may make an order or award terminating, continuing, decreasing, or increasing for the future the compensation previously awarded, subject to the maximum limits provided for in this chapter.

(b) The review and subsequent order or award shall be made in accordance with the procedure prescribed in § 11-9-704 .

(c) No review shall affect any compensation paid pursuant to a prior order or award.

(d) The commission may, at any time, correct any clerical error in any compensation order or award.

(e) Aging and the effects of aging on a compensable injury are not to be considered in determining whether there has been a change in physical condition. Nor shall aging or the effect of aging on a compensable injury be considered in determining permanent disability pursuant to this section or any other section in this chapter. The purpose and intent of this section is to annul any and all case law inconsistent herewith, including International Paper Co. v. Tuberville, 302 Ark. 22, 786 S.W.2d 830 (1990).

Init. Meas. 1948, No. 4, § 26, Acts 1949, p. 1420; A.S.A. 1947, § 81-1326; Acts 1993, No. 796, § 31.
Ark. Code Ann. § 11-10-506 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-506
Seasonal employment and benefit rights - Definitions
Status: in_force

(a) (1) As used in this section, the term "seasonal industry" means an industry in which, because of the seasonal nature thereof, it is customary to lay off forty percent (40%) or more of the average monthly number of workers for at least four (4) consecutive months during a regularly recurring period of each year and in which industry it is highly impracticable or impossible to continue seasonal operations throughout a period or periods of one (1) year in length. However, the total cessation of operations is not a prerequisite to classification as a seasonal industry. (2) After a study of previous employment records, and after investigation and hearing, the Director of the Division of Workforce Services shall determine the normal seasonal period or periods during which workers are ordinarily employed for the purpose of carrying on seasonal operations in each seasonal industry. Until the determination by the director, no industry shall be deemed to be seasonal. The director may initiate a study of an industry upon his or her own motion or upon a request filed with the director by any employing unit or person that would be affected by any determination made as a result of such a study. If a study is made, it shall be mandatory for the director to make his or her determination and report thereon within ninety (90) days after written application for the determination has been filed. If the director initiates the study of an industry upon his or her own motion and finds that the industry meets the seasonal requirements set forth in this section, he or she shall make his or her determination and report within ninety (90) days after the study is initiated. In either event, the industry shall be classified as a seasonal industry effective on the January 1 immediately following the date of the director's determination. Provided that, any employer who is classified as a seasonal employer under these provisions may make a written request to the director asking not to be treated as a seasonal employer. If the request is approved, treatment as a seasonal employer will cease effective January 1 of the following calendar year. (b) (1) The director shall conduct, from time to time, studies of industries previously determined to be seasonal for the purpose of determining whether they should continue to be so classified. (2) If, after study, investigation, and hearing, the director finds that an industry no longer meets the seasonal requirements set forth herein, he or she shall issue a determination to that effect within ninety (90) days after the study was initiated. (3) The industry shall cease to be classified as a seasonal industry effective on the January 1 immediately following the date of determination. (c) (1) The term "seasonal worker" means an individual who is employed in a seasonal industry, except that the term shall not include workers in industries where employment continues substantially throughout the year. (2) Any individual having earnings in a seasonal industry having a seasonal operating period within the limits shown in Column A of the table below and who has base period wages earned in the seasonal industry in the nonoperating season of the seasonal industry in an amount equal to the amount specified on the corresponding line of Column B of this table shall be considered as having employment which continues substantially throughout the year and shall not be considered a seasonal worker. A Operating Period of Seasonal Industry B Wages Earned in Seasonal Industry During Nonoperating Period 7 - 8 Months 24 Times Weekly Benefit Amount 2 - 6 Months 30 Times Weekly Benefit Amount (d) For purposes of this section, the term "average monthly number of workers" means the aggregate number of workers employed in the industry during the pay period that includes the twelfth day of each month in the peak period of operation divided by the number of months during the period. (e) The director shall prescribe fair and reasonable general rules consistent with this chapter and not inconsistent with general law applicable to seasonal workers for determining the period during which benefits shall be payable to them. The director may prescribe fair and reasonable general rules with respect to such other matters relating to benefits for seasonal workers as the director finds necessary and consistent with respect to such other matters relating to benefits for seasonal workers as the director finds necessary and consistent with general law. (f) The business of exploring for and the mining of coal and other minerals for use as fuel shall not be deemed to be a seasonal industry as defined in this section. Amended by Act 2019, No. 910,§ 236, eff. 7/1/2019. Acts 1941, No. 391, § 3; 1943, No. 174, §§ 1, 3; 1953, No. 162, § 1; 1981, No. 43, § 4; 1983, No. 482, § 12; A.S.A. 1947, §§ 81-1104, 81-1110; Acts 1989, No. 420, § 5; 1991, No. 100, § 26; 2001, No. 1367, § 4.

(a) (1) As used in this section, the term "seasonal industry" means an industry in which, because of the seasonal nature thereof, it is customary to lay off forty percent (40%) or more of the average monthly number of workers for at least four (4) consecutive months during a regularly recurring period of each year and in which industry it is highly impracticable or impossible to continue seasonal operations throughout a period or periods of one (1) year in length. However, the total cessation of operations is not a prerequisite to classification as a seasonal industry. (2) After a study of previous employment records, and after investigation and hearing, the Director of the Division of Workforce Services shall determine the normal seasonal period or periods during which workers are ordinarily employed for the purpose of carrying on seasonal operations in each seasonal industry. Until the determination by the director, no industry shall be deemed to be seasonal. The director may initiate a study of an industry upon his or her own motion or upon a request filed with the director by any employing unit or person that would be affected by any determination made as a result of such a study. If a study is made, it shall be mandatory for the director to make his or her determination and report thereon within ninety (90) days after written application for the determination has been filed. If the director initiates the study of an industry upon his or her own motion and finds that the industry meets the seasonal requirements set forth in this section, he or she shall make his or her determination and report within ninety (90) days after the study is initiated. In either event, the industry shall be classified as a seasonal industry effective on the January 1 immediately following the date of the director's determination. Provided that, any employer who is classified as a seasonal employer under these provisions may make a written request to the director asking not to be treated as a seasonal employer. If the request is approved, treatment as a seasonal employer will cease effective January 1 of the following calendar year.

(1) As used in this section, the term "seasonal industry" means an industry in which, because of the seasonal nature thereof, it is customary to lay off forty percent (40%) or more of the average monthly number of workers for at least four (4) consecutive months during a regularly recurring period of each year and in which industry it is highly impracticable or impossible to continue seasonal operations throughout a period or periods of one (1) year in length. However, the total cessation of operations is not a prerequisite to classification as a seasonal industry.

(2) After a study of previous employment records, and after investigation and hearing, the Director of the Division of Workforce Services shall determine the normal seasonal period or periods during which workers are ordinarily employed for the purpose of carrying on seasonal operations in each seasonal industry. Until the determination by the director, no industry shall be deemed to be seasonal. The director may initiate a study of an industry upon his or her own motion or upon a request filed with the director by any employing unit or person that would be affected by any determination made as a result of such a study. If a study is made, it shall be mandatory for the director to make his or her determination and report thereon within ninety (90) days after written application for the determination has been filed. If the director initiates the study of an industry upon his or her own motion and finds that the industry meets the seasonal requirements set forth in this section, he or she shall make his or her determination and report within ninety (90) days after the study is initiated. In either event, the industry shall be classified as a seasonal industry effective on the January 1 immediately following the date of the director's determination. Provided that, any employer who is classified as a seasonal employer under these provisions may make a written request to the director asking not to be treated as a seasonal employer. If the request is approved, treatment as a seasonal employer will cease effective January 1 of the following calendar year.

(b) (1) The director shall conduct, from time to time, studies of industries previously determined to be seasonal for the purpose of determining whether they should continue to be so classified. (2) If, after study, investigation, and hearing, the director finds that an industry no longer meets the seasonal requirements set forth herein, he or she shall issue a determination to that effect within ninety (90) days after the study was initiated. (3) The industry shall cease to be classified as a seasonal industry effective on the January 1 immediately following the date of determination.

(1) The director shall conduct, from time to time, studies of industries previously determined to be seasonal for the purpose of determining whether they should continue to be so classified.

(2) If, after study, investigation, and hearing, the director finds that an industry no longer meets the seasonal requirements set forth herein, he or she shall issue a determination to that effect within ninety (90) days after the study was initiated.

(3) The industry shall cease to be classified as a seasonal industry effective on the January 1 immediately following the date of determination.

(c) (1) The term "seasonal worker" means an individual who is employed in a seasonal industry, except that the term shall not include workers in industries where employment continues substantially throughout the year. (2) Any individual having earnings in a seasonal industry having a seasonal operating period within the limits shown in Column A of the table below and who has base period wages earned in the seasonal industry in the nonoperating season of the seasonal industry in an amount equal to the amount specified on the corresponding line of Column B of this table shall be considered as having employment which continues substantially throughout the year and shall not be considered a seasonal worker. A Operating Period of Seasonal Industry B Wages Earned in Seasonal Industry During Nonoperating Period 7 - 8 Months 24 Times Weekly Benefit Amount 2 - 6 Months 30 Times Weekly Benefit Amount

(1) The term "seasonal worker" means an individual who is employed in a seasonal industry, except that the term shall not include workers in industries where employment continues substantially throughout the year.

(2) Any individual having earnings in a seasonal industry having a seasonal operating period within the limits shown in Column A of the table below and who has base period wages earned in the seasonal industry in the nonoperating season of the seasonal industry in an amount equal to the amount specified on the corresponding line of Column B of this table shall be considered as having employment which continues substantially throughout the year and shall not be considered a seasonal worker. A Operating Period of Seasonal Industry B Wages Earned in Seasonal Industry During Nonoperating Period 7 - 8 Months 24 Times Weekly Benefit Amount 2 - 6 Months 30 Times Weekly Benefit Amount

A Operating Period of Seasonal Industry B Wages Earned in Seasonal Industry During Nonoperating Period 7 - 8 Months 24 Times Weekly Benefit Amount 2 - 6 Months 30 Times Weekly Benefit Amount

A

Operating Period of Seasonal Industry

B

Wages Earned in Seasonal Industry During Nonoperating Period

7 - 8 Months

24 Times Weekly Benefit Amount

2 - 6 Months

30 Times Weekly Benefit Amount

(d) For purposes of this section, the term "average monthly number of workers" means the aggregate number of workers employed in the industry during the pay period that includes the twelfth day of each month in the peak period of operation divided by the number of months during the period.

(e) The director shall prescribe fair and reasonable general rules consistent with this chapter and not inconsistent with general law applicable to seasonal workers for determining the period during which benefits shall be payable to them. The director may prescribe fair and reasonable general rules with respect to such other matters relating to benefits for seasonal workers as the director finds necessary and consistent with respect to such other matters relating to benefits for seasonal workers as the director finds necessary and consistent with general law.

(f) The business of exploring for and the mining of coal and other minerals for use as fuel shall not be deemed to be a seasonal industry as defined in this section.

Amended by Act 2019, No. 910,§ 236, eff. 7/1/2019.

Acts 1941, No. 391, § 3; 1943, No. 174, §§ 1, 3; 1953, No. 162, § 1; 1981, No. 43, § 4; 1983, No. 482, § 12; A.S.A. 1947, §§ 81-1104, 81-1110; Acts 1989, No. 420, § 5; 1991, No. 100, § 26; 2001, No. 1367, § 4.
Ark. Code Ann. § 11-1-201 — AR Code / Title 11 / Chapter 1 / Subchapter 2 / Section 11-1-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Empower Independent Contractors Act of 2019". Added by Act 2019, No. 1055,§ 1, eff. 7/24/2019.

This subchapter shall be known and may be cited as the "Empower Independent Contractors Act of 2019".

Added by Act 2019, No. 1055,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 11-6-111 — AR Code / Title 11 / Chapter 6 / Section 11-6-111
Inspection of workplace - Prosecution of violators
Status: in_force

(a) The Director of the Division of Labor or his or her designee shall have the right to enter any building or premises for the purpose of inspection to ascertain whether any child is employed or permitted to work in violation of the provisions of this subchapter. (b) (1) It shall be the duty of the director to enforce and administer the provisions of this subchapter. (2) The director is authorized to adopt rules for the enforcement and administration of this subchapter. (3) The director may revoke an employment certificate for cause. Amended by Act 2019, No. 315,§ 772, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5342, eff. 7/1/2019. Init. Meas. 1914, No. 1, § 11, Acts 1915, p. 1505; C. & M. Dig., §§ 7096, 7097; Pope's Dig., §§ 9078, 9079; A.S.A. 1947, § 81-712; Acts 1991, No. 565, § 3.

(a) The Director of the Division of Labor or his or her designee shall have the right to enter any building or premises for the purpose of inspection to ascertain whether any child is employed or permitted to work in violation of the provisions of this subchapter.

(b) (1) It shall be the duty of the director to enforce and administer the provisions of this subchapter. (2) The director is authorized to adopt rules for the enforcement and administration of this subchapter. (3) The director may revoke an employment certificate for cause.

(1) It shall be the duty of the director to enforce and administer the provisions of this subchapter.

(2) The director is authorized to adopt rules for the enforcement and administration of this subchapter.

(3) The director may revoke an employment certificate for cause.

Amended by Act 2019, No. 315,§ 772, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5342, eff. 7/1/2019.

Init. Meas. 1914, No. 1, § 11, Acts 1915, p. 1505; C. & M. Dig., §§ 7096, 7097; Pope's Dig., §§ 9078, 9079; A.S.A. 1947, § 81-712; Acts 1991, No. 565, § 3.
Ark. Code Ann. § 11-10-504 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-504
Maximum benefits payable
Status: in_force

(a) (1) For initial claims filed on or after January 1, 2018, the maximum potential benefits of an insured worker in a benefit year shall be the amount equal to the lesser of: (A) Sixteen (16) times his or her weekly benefit amount; or (B) One-third (1/3) of his or her wages for insured work in his or her base period. (2) For initial claims filed on or after January 1, 2024, the maximum potential benefits of an insured worker in a benefit year shall be the amount equal to the lesser of: (A) Twelve (12) times his or her weekly benefit amount; or (B) One-third (1/3) of his or her wages for insured work in his or her base period. (b) If the total amount of benefits is not a multiple of his or her weekly benefit amount, it shall be computed to the next higher multiple of his or her weekly benefit amount. Amended by Act 2023, No. 196,§ 2, eff. 3/6/2023. Amended by Act 2017, No. 734,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 412,§ 3, eff. 7/22/2015. Acts 1941, No. 391, § 3; 1943, No. 138, § 28; 1947, No. 398, § 2; 1949, No. 155, § 3; 1955, No. 395, § 7; 1959, No. 13, § 1; 1981, No. 43, § 3; 1983, No. 482, § 10; A.S.A. 1947, § 81-1104; Acts 2011, No. 861, § 2.

(a) (1) For initial claims filed on or after January 1, 2018, the maximum potential benefits of an insured worker in a benefit year shall be the amount equal to the lesser of: (A) Sixteen (16) times his or her weekly benefit amount; or (B) One-third (1/3) of his or her wages for insured work in his or her base period. (2) For initial claims filed on or after January 1, 2024, the maximum potential benefits of an insured worker in a benefit year shall be the amount equal to the lesser of: (A) Twelve (12) times his or her weekly benefit amount; or (B) One-third (1/3) of his or her wages for insured work in his or her base period.

(1) For initial claims filed on or after January 1, 2018, the maximum potential benefits of an insured worker in a benefit year shall be the amount equal to the lesser of: (A) Sixteen (16) times his or her weekly benefit amount; or (B) One-third (1/3) of his or her wages for insured work in his or her base period.

(A) Sixteen (16) times his or her weekly benefit amount; or

(B) One-third (1/3) of his or her wages for insured work in his or her base period.

(2) For initial claims filed on or after January 1, 2024, the maximum potential benefits of an insured worker in a benefit year shall be the amount equal to the lesser of: (A) Twelve (12) times his or her weekly benefit amount; or (B) One-third (1/3) of his or her wages for insured work in his or her base period.

(A) Twelve (12) times his or her weekly benefit amount; or

(B) One-third (1/3) of his or her wages for insured work in his or her base period.

(b) If the total amount of benefits is not a multiple of his or her weekly benefit amount, it shall be computed to the next higher multiple of his or her weekly benefit amount.

Amended by Act 2023, No. 196,§ 2, eff. 3/6/2023.

Amended by Act 2017, No. 734,§ 3, eff. 8/1/2017.

Amended by Act 2015, No. 412,§ 3, eff. 7/22/2015.

Acts 1941, No. 391, § 3; 1943, No. 138, § 28; 1947, No. 398, § 2; 1949, No. 155, § 3; 1955, No. 395, § 7; 1959, No. 13, § 1; 1981, No. 43, § 3; 1983, No. 482, § 10; A.S.A. 1947, § 81-1104; Acts 2011, No. 861, § 2.
Ark. Code Ann. § 11-7-316 — AR Code / Title 11 / Chapter 7 / Subchapter 3 / Section 11-7-316
High water danger
Status: in_force

(a) Whenever and wherever a coal mine in this state becomes dangerous from high water or overflow of streams adjacent thereto, whereby the lives of miners employed therein are jeopardized by reason of the high water, it shall be the duty of the managers of the coal mine to call the miners out of the mine and forbid their working therein until the danger is past. (b) (1) Failure to act as required in subsection (a) of this section is made a misdemeanor. (2) Upon conviction, the manager shall be fined in any sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) or imprisoned not less than six (6) months nor more than one (1) year. Acts 1905, No. 225, § 18, p. 567; C. & M. Dig., § 7285; Pope's Dig., § 9341; A.S.A. 1947, § 52-616.

(a) Whenever and wherever a coal mine in this state becomes dangerous from high water or overflow of streams adjacent thereto, whereby the lives of miners employed therein are jeopardized by reason of the high water, it shall be the duty of the managers of the coal mine to call the miners out of the mine and forbid their working therein until the danger is past.

(b) (1) Failure to act as required in subsection (a) of this section is made a misdemeanor. (2) Upon conviction, the manager shall be fined in any sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) or imprisoned not less than six (6) months nor more than one (1) year.

(1) Failure to act as required in subsection (a) of this section is made a misdemeanor.

(2) Upon conviction, the manager shall be fined in any sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) or imprisoned not less than six (6) months nor more than one (1) year.

Acts 1905, No. 225, § 18, p. 567; C. & M. Dig., § 7285; Pope's Dig., § 9341; A.S.A. 1947, § 52-616.
Ark. Code Ann. § 11-10-313 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-313
Compensation based on multiple-state earnings
Status: in_force

(a) The Director of the Division of Workforce Services shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this chapter with his or her wages and employment covered under the unemployment compensation laws of other states which are approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in those situations and which include provisions for: (1) Applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two (2) or more state unemployment compensation laws; and (2) Avoiding the duplicate use of wages and employment by reason of such combining. (b) (1) Any and all wage and employment information necessary for the carrying out of the arrangements shall be promptly provided by employers upon request by the director. (2) Willful failure to promptly provide the information shall subject an employer to the penalties set forth in § 11-10-106(b) . Amended by Act 2019, No. 910,§ 200, eff. 7/1/2019. Acts 1971, No. 35, § 20; 1985, No. 8, § 30; 1985, No. 9, § 30; A.S.A. 1947, § 81-1123; Acts 1991, No. 100, § 16.

(a) The Director of the Division of Workforce Services shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this chapter with his or her wages and employment covered under the unemployment compensation laws of other states which are approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in those situations and which include provisions for: (1) Applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two (2) or more state unemployment compensation laws; and (2) Avoiding the duplicate use of wages and employment by reason of such combining.

(1) Applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two (2) or more state unemployment compensation laws; and

(2) Avoiding the duplicate use of wages and employment by reason of such combining.

(b) (1) Any and all wage and employment information necessary for the carrying out of the arrangements shall be promptly provided by employers upon request by the director. (2) Willful failure to promptly provide the information shall subject an employer to the penalties set forth in § 11-10-106(b) .

(1) Any and all wage and employment information necessary for the carrying out of the arrangements shall be promptly provided by employers upon request by the director.

(2) Willful failure to promptly provide the information shall subject an employer to the penalties set forth in § 11-10-106(b) .

Amended by Act 2019, No. 910,§ 200, eff. 7/1/2019.

Acts 1971, No. 35, § 20; 1985, No. 8, § 30; 1985, No. 9, § 30; A.S.A. 1947, § 81-1123; Acts 1991, No. 100, § 16.
Ark. Code Ann. § 11-9-507 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-507
Special project to improve safety
Status: in_force

(a) For the fiscal year beginning July 1, 1987, the Workers' Compensation Commission shall allocate one hundred thousand dollars ($100,000) to a special project for the following purposes: (1) Identification of industries or jobs having a high incidence of injuries; (2) Determination of the causes of injuries of which there is a high incidence; and (3) The provision of educational or advisory services to employers and employees designed to reduce the incidence of such injuries. (b) It is the intent of this section to provide information and other services to employers and employees that will improve workplace safety in the State of Arkansas. (c) For succeeding fiscal years, the commission shall determine to what extent the project should be funded. Init. Meas. 1948, No. 4, § 10, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 1, Acts 1957; Init. Meas. 1968, No. 1, § 1, Acts 1969; Acts 1981, No. 290, § 2; Acts 1986 (2nd Ex. Sess.), No. 10, § 3; A.S.A. 1947, § 81-1310.

(a) For the fiscal year beginning July 1, 1987, the Workers' Compensation Commission shall allocate one hundred thousand dollars ($100,000) to a special project for the following purposes: (1) Identification of industries or jobs having a high incidence of injuries; (2) Determination of the causes of injuries of which there is a high incidence; and (3) The provision of educational or advisory services to employers and employees designed to reduce the incidence of such injuries.

(1) Identification of industries or jobs having a high incidence of injuries;

(2) Determination of the causes of injuries of which there is a high incidence; and

(3) The provision of educational or advisory services to employers and employees designed to reduce the incidence of such injuries.

(b) It is the intent of this section to provide information and other services to employers and employees that will improve workplace safety in the State of Arkansas.

(c) For succeeding fiscal years, the commission shall determine to what extent the project should be funded.

Init. Meas. 1948, No. 4, § 10, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 1, Acts 1957; Init. Meas. 1968, No. 1, § 1, Acts 1969; Acts 1981, No. 290, § 2; Acts 1986 (2nd Ex. Sess.), No. 10, § 3; A.S.A. 1947, § 81-1310.
Ark. Code Ann. § 11-10-223 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-223
Supplemental benefit payments
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, the term "supplemental benefit payments" means unemployment benefit payments made under a private unemployment compensation plan. Acts 1941, No. 391, § 2; 1975 (Extended Sess., 1976), No. 1083, § 1; A.S.A. 1947, § 81-1103; reen. Acts 1987, No. 672, § 1.

As used in this chapter, unless the context clearly requires otherwise, the term "supplemental benefit payments" means unemployment benefit payments made under a private unemployment compensation plan.

Acts 1941, No. 391, § 2; 1975 (Extended Sess., 1976), No. 1083, § 1; A.S.A. 1947, § 81-1103; reen. Acts 1987, No. 672, § 1.
Ark. Code Ann. § 11-10-505 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-505
Failure of base-period employer to respond
Status: in_force

(a) (1) (A) A notice to the base-period employer shall be mailed or posted online, or both, promptly to each employer appearing on the claimant's monetary determination as a base-period employer. (B) Employers may choose to receive and respond to notice under this section through the mail or online, or both. (2) (A) If any base-period employer fails to respond to the notice to the base-period employer within fifteen (15) calendar days, the employer shall be deemed to have waived the employer's right to respond. (B) The Director of the Division of Workforce Services may accept the statement given by the claimant as his or her reason for separation from the base-period employer and may base his or her determination on the statement given by the claimant. (b) The director shall adopt rules necessary to carry out this section. (c) The director shall make available on the website of the Division of Workforce Services a program that will allow employers the option to receive and respond to notice under this section. Amended by Act 2019, No. 910,§ 235, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 234, eff. 7/1/2019. Acts 1941, No. 391, § 3; 1981, No. 43, § 5; A.S.A. 1947, § 81-1104; Acts 2011, No. 1229, § 1.

(a) (1) (A) A notice to the base-period employer shall be mailed or posted online, or both, promptly to each employer appearing on the claimant's monetary determination as a base-period employer. (B) Employers may choose to receive and respond to notice under this section through the mail or online, or both. (2) (A) If any base-period employer fails to respond to the notice to the base-period employer within fifteen (15) calendar days, the employer shall be deemed to have waived the employer's right to respond. (B) The Director of the Division of Workforce Services may accept the statement given by the claimant as his or her reason for separation from the base-period employer and may base his or her determination on the statement given by the claimant.

(1) (A) A notice to the base-period employer shall be mailed or posted online, or both, promptly to each employer appearing on the claimant's monetary determination as a base-period employer. (B) Employers may choose to receive and respond to notice under this section through the mail or online, or both.

(A) A notice to the base-period employer shall be mailed or posted online, or both, promptly to each employer appearing on the claimant's monetary determination as a base-period employer.

(B) Employers may choose to receive and respond to notice under this section through the mail or online, or both.

(2) (A) If any base-period employer fails to respond to the notice to the base-period employer within fifteen (15) calendar days, the employer shall be deemed to have waived the employer's right to respond. (B) The Director of the Division of Workforce Services may accept the statement given by the claimant as his or her reason for separation from the base-period employer and may base his or her determination on the statement given by the claimant.

(A) If any base-period employer fails to respond to the notice to the base-period employer within fifteen (15) calendar days, the employer shall be deemed to have waived the employer's right to respond.

(B) The Director of the Division of Workforce Services may accept the statement given by the claimant as his or her reason for separation from the base-period employer and may base his or her determination on the statement given by the claimant.

(b) The director shall adopt rules necessary to carry out this section.

(c) The director shall make available on the website of the Division of Workforce Services a program that will allow employers the option to receive and respond to notice under this section.

Amended by Act 2019, No. 910,§ 235, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 234, eff. 7/1/2019.

Acts 1941, No. 391, § 3; 1981, No. 43, § 5; A.S.A. 1947, § 81-1104; Acts 2011, No. 1229, § 1.
Ark. Code Ann. § 11-10-538 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-538
Extended benefits - Total amount
Status: in_force

(a) The total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts: (1) Fifty percent (50%) of the total amount of regular benefits which are payable to him or her under this chapter in his or her applicable benefit year; or (2) Thirteen (13) times his or her weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year. (b) Notwithstanding any other provision of §§ 11-10-534 - 11-10-543 , or of any federal law, including the Omnibus Budget Reconciliation Act of 1981, Pub. L. No. 97-35, if the benefit year of an adversely affected worker covered by a certification under Subchapter A, Chapter 2, Title II of the Trade Act of 1974, ends within an extended benefit period, the number of weeks of extended benefits that the worker would, but for this section, be entitled to in that extended benefit period shall be reduced but not below zero by the number of weeks for which the worker was entitled, during such benefit year, to trade readjustment allowances under Part I, Subchapter B, Chapter 2, Title II of the Trade Act of 1974. For purposes of this section, the terms "benefit year" and "extended benefit period" shall have the same respective meanings given to them in the Federal-State Extended Unemployment Compensation Act of 1970. Acts 1971, No. 35, § 21; 1981 (Ex. Sess.), No. 37, § 7; A.S.A. 1947, § 81-1124.

(a) The total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts: (1) Fifty percent (50%) of the total amount of regular benefits which are payable to him or her under this chapter in his or her applicable benefit year; or (2) Thirteen (13) times his or her weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year.

(1) Fifty percent (50%) of the total amount of regular benefits which are payable to him or her under this chapter in his or her applicable benefit year; or

(2) Thirteen (13) times his or her weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year.

(b) Notwithstanding any other provision of §§ 11-10-534 - 11-10-543 , or of any federal law, including the Omnibus Budget Reconciliation Act of 1981, Pub. L. No. 97-35, if the benefit year of an adversely affected worker covered by a certification under Subchapter A, Chapter 2, Title II of the Trade Act of 1974, ends within an extended benefit period, the number of weeks of extended benefits that the worker would, but for this section, be entitled to in that extended benefit period shall be reduced but not below zero by the number of weeks for which the worker was entitled, during such benefit year, to trade readjustment allowances under Part I, Subchapter B, Chapter 2, Title II of the Trade Act of 1974. For purposes of this section, the terms "benefit year" and "extended benefit period" shall have the same respective meanings given to them in the Federal-State Extended Unemployment Compensation Act of 1970.

Acts 1971, No. 35, § 21; 1981 (Ex. Sess.), No. 37, § 7; A.S.A. 1947, § 81-1124.
Ark. Code Ann. § 11-13-105 — AR Code / Title 11 / Chapter 13 / Section 11-13-105
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013. Acts 1993, No. 1232, § 5.

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.

Acts 1993, No. 1232, § 5.
Ark. Code Ann. § 11-9-115 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-115
Disclosure of child support obligations
Status: in_force

(a) (1) At any time an application is made for workers' compensation, an employer shall require the applicant for compensation to state whether or not the applicant has child support obligations, if the obligations are current or past due, and to whom the obligations are payable. (2) The application shall also include the name of the workers' compensation carrier and the name of the employer. (b) The employer shall forward a copy of the application to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. Acts 1993, No. 1185, § 1.

(a) (1) At any time an application is made for workers' compensation, an employer shall require the applicant for compensation to state whether or not the applicant has child support obligations, if the obligations are current or past due, and to whom the obligations are payable. (2) The application shall also include the name of the workers' compensation carrier and the name of the employer.

(1) At any time an application is made for workers' compensation, an employer shall require the applicant for compensation to state whether or not the applicant has child support obligations, if the obligations are current or past due, and to whom the obligations are payable.

(2) The application shall also include the name of the workers' compensation carrier and the name of the employer.

(b) The employer shall forward a copy of the application to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

Acts 1993, No. 1185, § 1.
Ark. Code Ann. § 11-11-209 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-209
Certificate of exemption required for certain organizations
Status: in_force

(a) Bona fide nursing schools, nurses' registries, management consulting firms, business schools, vocational schools whose primary function and purpose is training and education, and resume services shall obtain from the Director of the Division of Labor a certificate of exemption from the requirements of this subchapter. (b) In connection with issuance of a certificate of exemption and with respect to an organization's continued eligibility for a previously issued certificate of exemption, the director shall have those investigative powers conferred by § 11-11-204 . Amended by Act 2019, No. 910,§ 5372, eff. 7/1/2019. Acts 1975, No. 493, § 2; 1977, No. 390, § 1; A.S.A. 1947, § 81-1014.

(a) Bona fide nursing schools, nurses' registries, management consulting firms, business schools, vocational schools whose primary function and purpose is training and education, and resume services shall obtain from the Director of the Division of Labor a certificate of exemption from the requirements of this subchapter.

(b) In connection with issuance of a certificate of exemption and with respect to an organization's continued eligibility for a previously issued certificate of exemption, the director shall have those investigative powers conferred by § 11-11-204 .

Amended by Act 2019, No. 910,§ 5372, eff. 7/1/2019.

Acts 1975, No. 493, § 2; 1977, No. 390, § 1; A.S.A. 1947, § 81-1014.
Ark. Code Ann. § 11-9-805 — AR Code / Title 11 / Chapter 9 / Subchapter 8 / Section 11-9-805
Joint petition for final settlement
Status: in_force

(a) (1) Except as provided in subdivision (a)(2) of this section, upon petition filed by the employer or carrier and the injured employee requesting that a final settlement be had between the parties, the Workers' Compensation Commission shall hear the petition and take testimony and make investigations as may be necessary to determine whether a final settlement should be had. (2) (A) If a claimant has been determined to be eligible for Medicare, the parties may petition the commission for a partial settlement of all issues other than future medical treatment. (B) A partial settlement under subdivision (a)(2)(A) of this section is final concerning all issues except future medical treatment. (b) (1) (A) If the commission decides that a final settlement award is in the best interests of the parties, the commission may order an award that is final concerning the rights of all the parties to the joint petition. (B) After the commission enters an order with regard to any full settlement, the commission does not have jurisdiction over any claim for the same injury or any results arising from it. (2) (A) If the commission decides that a partial settlement award is in the best interests of the parties, the commission may order an award that is final concerning the partial settlement of the rights of all the parties to the joint petition. (B) After the commission enters an order with regard to any partial settlement, the commission does not have jurisdiction over any claim for the same injury or any results arising from it other than claims for future medical expenses. (c) If an employee has returned to work or agreed to return to work, the commission shall not approve a joint petition which has allotted moneys for vocational rehabilitation or any indemnity benefits in excess of that payable as an anatomical impairment as established by objective and measurable findings. (d) If the commission denies the petition, the denial shall be without prejudice to either party. (e) An appeal shall not lie from an order or award denying or approving a joint petition. Amended by Act 2017, No. 1058,§ 1, eff. 8/1/2017. Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; A.S.A. 1947, § 81-1319; Acts 1993, No. 796, § 33.

(a) (1) Except as provided in subdivision (a)(2) of this section, upon petition filed by the employer or carrier and the injured employee requesting that a final settlement be had between the parties, the Workers' Compensation Commission shall hear the petition and take testimony and make investigations as may be necessary to determine whether a final settlement should be had. (2) (A) If a claimant has been determined to be eligible for Medicare, the parties may petition the commission for a partial settlement of all issues other than future medical treatment. (B) A partial settlement under subdivision (a)(2)(A) of this section is final concerning all issues except future medical treatment.

(1) Except as provided in subdivision (a)(2) of this section, upon petition filed by the employer or carrier and the injured employee requesting that a final settlement be had between the parties, the Workers' Compensation Commission shall hear the petition and take testimony and make investigations as may be necessary to determine whether a final settlement should be had.

(2) (A) If a claimant has been determined to be eligible for Medicare, the parties may petition the commission for a partial settlement of all issues other than future medical treatment. (B) A partial settlement under subdivision (a)(2)(A) of this section is final concerning all issues except future medical treatment.

(A) If a claimant has been determined to be eligible for Medicare, the parties may petition the commission for a partial settlement of all issues other than future medical treatment.

(B) A partial settlement under subdivision (a)(2)(A) of this section is final concerning all issues except future medical treatment.

(b) (1) (A) If the commission decides that a final settlement award is in the best interests of the parties, the commission may order an award that is final concerning the rights of all the parties to the joint petition. (B) After the commission enters an order with regard to any full settlement, the commission does not have jurisdiction over any claim for the same injury or any results arising from it. (2) (A) If the commission decides that a partial settlement award is in the best interests of the parties, the commission may order an award that is final concerning the partial settlement of the rights of all the parties to the joint petition. (B) After the commission enters an order with regard to any partial settlement, the commission does not have jurisdiction over any claim for the same injury or any results arising from it other than claims for future medical expenses.

(1) (A) If the commission decides that a final settlement award is in the best interests of the parties, the commission may order an award that is final concerning the rights of all the parties to the joint petition. (B) After the commission enters an order with regard to any full settlement, the commission does not have jurisdiction over any claim for the same injury or any results arising from it.

(A) If the commission decides that a final settlement award is in the best interests of the parties, the commission may order an award that is final concerning the rights of all the parties to the joint petition.

(B) After the commission enters an order with regard to any full settlement, the commission does not have jurisdiction over any claim for the same injury or any results arising from it.

(2) (A) If the commission decides that a partial settlement award is in the best interests of the parties, the commission may order an award that is final concerning the partial settlement of the rights of all the parties to the joint petition. (B) After the commission enters an order with regard to any partial settlement, the commission does not have jurisdiction over any claim for the same injury or any results arising from it other than claims for future medical expenses.

(A) If the commission decides that a partial settlement award is in the best interests of the parties, the commission may order an award that is final concerning the partial settlement of the rights of all the parties to the joint petition.

(B) After the commission enters an order with regard to any partial settlement, the commission does not have jurisdiction over any claim for the same injury or any results arising from it other than claims for future medical expenses.

(c) If an employee has returned to work or agreed to return to work, the commission shall not approve a joint petition which has allotted moneys for vocational rehabilitation or any indemnity benefits in excess of that payable as an anatomical impairment as established by objective and measurable findings.

(d) If the commission denies the petition, the denial shall be without prejudice to either party.

(e) An appeal shall not lie from an order or award denying or approving a joint petition.

Amended by Act 2017, No. 1058,§ 1, eff. 8/1/2017.

Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; A.S.A. 1947, § 81-1319; Acts 1993, No. 796, § 33.
Ark. Code Ann. § 11-10-709 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-709
Wages and employment
Status: in_force

(a) For the purposes of §§ 11-10-701 and 11-10-702 , wages shall not include that part of remuneration paid to an individual by an employer or the employer's predecessor with respect to the employment during any calendar year which exceeds that part of remuneration paid specified in § 11-10-215(a)(1) , unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund. (b) For the purposes of this section, the term "employment" shall include service constituting employment under any unemployment compensation law of another state. Acts 1941, No. 391, § 7; 1963, No. 93, § 9; 1971, No. 35, § 14; 1975 (Extended Sess., 1976), No. 1083, § 9; 1977, No. 366, § 9; 1981, No. 43, § 14; 1983, No. 482, § 30; A.S.A. 1947, § 81-1108; reen. Acts 1987, No. 672, § 8; Acts 1989, No. 420, § 12.

(a) For the purposes of §§ 11-10-701 and 11-10-702 , wages shall not include that part of remuneration paid to an individual by an employer or the employer's predecessor with respect to the employment during any calendar year which exceeds that part of remuneration paid specified in § 11-10-215(a)(1) , unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund.

(b) For the purposes of this section, the term "employment" shall include service constituting employment under any unemployment compensation law of another state.

Acts 1941, No. 391, § 7; 1963, No. 93, § 9; 1971, No. 35, § 14; 1975 (Extended Sess., 1976), No. 1083, § 9; 1977, No. 366, § 9; 1981, No. 43, § 14; 1983, No. 482, § 30; A.S.A. 1947, § 81-1108; reen. Acts 1987, No. 672, § 8; Acts 1989, No. 420, § 12.
Ark. Code Ann. § 11-5-205 — AR Code / Title 11 / Chapter 5 / Subchapter 2 / Section 11-5-205
[Repealed] State board of health - rules
Status: repealed

It shall be the duty of the State Board of Health to adopt rules pertaining to the control of industrial health hazards, including and concerning the maximum allowable limits of materials, ventilation requirements, water supplies, excreta disposal facilities, washing and shower facilities, and other matters pertaining to the maintenance of the health of the worker. Amended by Act 2019, No. 315,§ 769, eff. 7/24/2019. Repealed by Act 2019, No. 910,§ 4854, eff. 7/1/2019. Acts 1947, No. 350, § 4; A.S.A. 1947, § 81-417.

It shall be the duty of the State Board of Health to adopt rules pertaining to the control of industrial health hazards, including and concerning the maximum allowable limits of materials, ventilation requirements, water supplies, excreta disposal facilities, washing and shower facilities, and other matters pertaining to the maintenance of the health of the worker.

Amended by Act 2019, No. 315,§ 769, eff. 7/24/2019.

Repealed by Act 2019, No. 910,§ 4854, eff. 7/1/2019.

Acts 1947, No. 350, § 4; A.S.A. 1947, § 81-417.
Ark. Code Ann. § 11-10-901 — AR Code / Title 11 / Chapter 10 / Subchapter 9 / Section 11-10-901
Creation - Administrator - Authority
Status: in_force

(a) (1) The Director of the Division of Workforce Services is assigned responsibility for the administration of the State New Hire Registry. (2) The director shall hire an administrator of the State New Hire Registry who shall serve at the pleasure of the director. (b) (1) The administrator shall compile a state registry of newly hired and returning employees as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193. (2) The director may enter into such professional services contracts as may be necessary to assist in the development and operation of the State New Hire Registry. (c) The director shall enter into agreements with other state and federal agencies as may be necessary to properly administer and carry out the requirements of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, to ensure confidentiality of data and reimbursement for any costs associated with meeting the requirements of this subchapter and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193. Amended by Act 2019, No. 910,§ 317, eff. 7/1/2019. Acts 1997, No. 1276, § 1; 2009, No. 802, § 12.

(a) (1) The Director of the Division of Workforce Services is assigned responsibility for the administration of the State New Hire Registry. (2) The director shall hire an administrator of the State New Hire Registry who shall serve at the pleasure of the director.

(1) The Director of the Division of Workforce Services is assigned responsibility for the administration of the State New Hire Registry.

(2) The director shall hire an administrator of the State New Hire Registry who shall serve at the pleasure of the director.

(b) (1) The administrator shall compile a state registry of newly hired and returning employees as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193. (2) The director may enter into such professional services contracts as may be necessary to assist in the development and operation of the State New Hire Registry.

(1) The administrator shall compile a state registry of newly hired and returning employees as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.

(2) The director may enter into such professional services contracts as may be necessary to assist in the development and operation of the State New Hire Registry.

(c) The director shall enter into agreements with other state and federal agencies as may be necessary to properly administer and carry out the requirements of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, to ensure confidentiality of data and reimbursement for any costs associated with meeting the requirements of this subchapter and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.

Amended by Act 2019, No. 910,§ 317, eff. 7/1/2019.

Acts 1997, No. 1276, § 1; 2009, No. 802, § 12.
Ark. Code Ann. § 11-10-211 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-211
Employment office
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, "employment office" means a free public employment office or branch thereof operated by this or any other state as a part of a state-controlled system of public employment offices or by a federal agency charged with the administration of an unemployment compensation program or free public employment offices. Acts 1941, No. 391, § 2; 1955, No. 395, § 1; A.S.A. 1947, § 81-1103.

As used in this chapter, unless the context clearly requires otherwise, "employment office" means a free public employment office or branch thereof operated by this or any other state as a part of a state-controlled system of public employment offices or by a federal agency charged with the administration of an unemployment compensation program or free public employment offices.

Acts 1941, No. 391, § 2; 1955, No. 395, § 1; A.S.A. 1947, § 81-1103.
Ark. Code Ann. § 11-4-608 — AR Code / Title 11 / Chapter 4 / Subchapter 6 / Section 11-4-608
Penalties for violation of this section, sections 11-4-607, and 11-4-609 - 11-4-612
Status: in_force

Any employer who violates any provision of this section, §§ 11-4-607 , and 11-4-609 - 11-4-612 , or who discharges or in any other manner discriminates against any employee because the employee has made a complaint to his or her employer, the Director of the Division of Labor, or any other person, has instituted or caused to be instituted any proceedings under or related to this section, §§ 11-4-607 , and 11-4-609 - 11-4-612 , or has testified or is about to testify in any such proceeding shall be fined not more than five hundred dollars ($500) nor imprisoned more than one (1) year, or both. Amended by Act 2019, No. 910,§ 5326, eff. 7/1/2019. Acts 1955, No. 361, § 6; A.S.A. 1947, § 81-628.

Any employer who violates any provision of this section, §§ 11-4-607 , and 11-4-609 - 11-4-612 , or who discharges or in any other manner discriminates against any employee because the employee has made a complaint to his or her employer, the Director of the Division of Labor, or any other person, has instituted or caused to be instituted any proceedings under or related to this section, §§ 11-4-607 , and 11-4-609 - 11-4-612 , or has testified or is about to testify in any such proceeding shall be fined not more than five hundred dollars ($500) nor imprisoned more than one (1) year, or both.

Amended by Act 2019, No. 910,§ 5326, eff. 7/1/2019.

Acts 1955, No. 361, § 6; A.S.A. 1947, § 81-628.
Ark. Code Ann. § 11-9-304 — AR Code / Title 11 / Chapter 9 / Subchapter 3 / Section 11-9-304
Payment of tax by self-insurer
Status: in_force

(a) (1) The Workers' Compensation Commission shall collect a tax from every self-insured employer at a rate to be determined as provided by § 11-9-306 but not to exceed three percent (3%) of the written manual premium which would have to be paid under § 11-9-303 by a carrier if the self-insured employer were insured by a carrier. (2) Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund pursuant to § 11-9-502 , the tax rate under this section shall not exceed one and five-tenths percent (1.5%). (b) If the tax provided for under this section is not paid within thirty (30) days of the date provided in § 11-9-306 , there shall be assessed a penalty for each thirty (30) days the amount so assessed remains unpaid which is equal to ten percent (10%) of the unpaid amounts and which shall be collected at the same time as a part of the tax assessed. Amended by Act 2016EX3, No. 5,§ 2, eff. 8/22/2016. Amended by Act 2016EX3, No. 4,§ 2, eff. 8/22/2016. Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348.

(a) (1) The Workers' Compensation Commission shall collect a tax from every self-insured employer at a rate to be determined as provided by § 11-9-306 but not to exceed three percent (3%) of the written manual premium which would have to be paid under § 11-9-303 by a carrier if the self-insured employer were insured by a carrier. (2) Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund pursuant to § 11-9-502 , the tax rate under this section shall not exceed one and five-tenths percent (1.5%).

(1) The Workers' Compensation Commission shall collect a tax from every self-insured employer at a rate to be determined as provided by § 11-9-306 but not to exceed three percent (3%) of the written manual premium which would have to be paid under § 11-9-303 by a carrier if the self-insured employer were insured by a carrier.

(2) Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund pursuant to § 11-9-502 , the tax rate under this section shall not exceed one and five-tenths percent (1.5%).

(b) If the tax provided for under this section is not paid within thirty (30) days of the date provided in § 11-9-306 , there shall be assessed a penalty for each thirty (30) days the amount so assessed remains unpaid which is equal to ten percent (10%) of the unpaid amounts and which shall be collected at the same time as a part of the tax assessed.

Amended by Act 2016EX3, No. 5,§ 2, eff. 8/22/2016.

Amended by Act 2016EX3, No. 4,§ 2, eff. 8/22/2016.

Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348.
Ark. Code Ann. § 11-4-303 — AR Code / Title 11 / Chapter 4 / Subchapter 3 / Section 11-4-303
Director of Division of Labor to conduct hearing
Status: in_force

(a) Upon application of either employer or employee, the Director of the Division of Labor or any person authorized by the director shall have authority to inquire into, hear, and decide disputes arising from wages earned and shall allow or reject any deduction from wages. (b) Upon motion of either employer or employee, the amount found to be due may be paid in the presence of the director or person designated by him or her, and after final hearing by the director or person appointed by him or her, he or she shall file in the office of the Division of Labor a copy of findings and facts and his or her award. (c) The amount of the award of the director shall be presumed to be the amount of wages, if any, due and unpaid to the employee. Amended by Act 2019, No. 910,§ 5322, eff. 7/1/2019. Acts 1937, No. 86, § 2; Pope's Dig., § 8538; A.S.A. 1947, § 81-312.

(a) Upon application of either employer or employee, the Director of the Division of Labor or any person authorized by the director shall have authority to inquire into, hear, and decide disputes arising from wages earned and shall allow or reject any deduction from wages.

(b) Upon motion of either employer or employee, the amount found to be due may be paid in the presence of the director or person designated by him or her, and after final hearing by the director or person appointed by him or her, he or she shall file in the office of the Division of Labor a copy of findings and facts and his or her award.

(c) The amount of the award of the director shall be presumed to be the amount of wages, if any, due and unpaid to the employee.

Amended by Act 2019, No. 910,§ 5322, eff. 7/1/2019.

Acts 1937, No. 86, § 2; Pope's Dig., § 8538; A.S.A. 1947, § 81-312.
Ark. Code Ann. § 11-10-216 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-216
Week
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, "week" means a seven-consecutive-calendar-day period beginning on Sunday at 12:01 a.m. and ending on Saturday at midnight. Acts 1941, No. 391, § 2; A.S.A. 1947, § 81-1103; Acts 1987, No. 753, § 5.

As used in this chapter, unless the context clearly requires otherwise, "week" means a seven-consecutive-calendar-day period beginning on Sunday at 12:01 a.m. and ending on Saturday at midnight.

Acts 1941, No. 391, § 2; A.S.A. 1947, § 81-1103; Acts 1987, No. 753, § 5.
Ark. Code Ann. § 11-7-305 — AR Code / Title 11 / Chapter 7 / Subchapter 3 / Section 11-7-305
Ventilation generally
Status: in_force

(a) The owner, agent, or operator of every mine, whether operated by shaft, slope, or drift, shall provide and maintain for every mine a sufficient amount of ventilation, to be determined by the State Mine Inspector, not less than two hundred cubic feet (200 cu. ft.) of air per man per minute, measured at the foot of the downcast, which shall be circulated to the face of every working place throughout the mine, so that the mine shall be free of standing gas of whatsoever kind. (b) In all mines where firedamp is generated, every working place where firedamp is known to exist shall be examined every morning with a safety lamp by a competent person before any other persons are allowed to enter. (c) The ventilation required by this section may be produced by any suitable appliances. Acts 1893, No. 125, § 4, p. 213; C. & M. Dig., § 7263; Pope's Dig., § 9319; Acts 1949, No. 268, § 2; A.S.A. 1947, § 52-604.

(a) The owner, agent, or operator of every mine, whether operated by shaft, slope, or drift, shall provide and maintain for every mine a sufficient amount of ventilation, to be determined by the State Mine Inspector, not less than two hundred cubic feet (200 cu. ft.) of air per man per minute, measured at the foot of the downcast, which shall be circulated to the face of every working place throughout the mine, so that the mine shall be free of standing gas of whatsoever kind.

(b) In all mines where firedamp is generated, every working place where firedamp is known to exist shall be examined every morning with a safety lamp by a competent person before any other persons are allowed to enter.

(c) The ventilation required by this section may be produced by any suitable appliances.

Acts 1893, No. 125, § 4, p. 213; C. & M. Dig., § 7263; Pope's Dig., § 9319; Acts 1949, No. 268, § 2; A.S.A. 1947, § 52-604.
Ark. Code Ann. § 11-10-209 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-209
Employer
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, "employer" means: (1) Any individual or employing unit which, for some portion of ten (10) or more days, whether the days are or were consecutive, within the current or the preceding calendar year, has or had in employment one (1) or more individuals irrespective of whether the same individuals are or were employed in each day; (2) Any employing unit for which service in employment as defined in § 11-10-210(a)(2) is performed, except as provided in subdivision (5) of this section; (3) Any employing unit which is a nonprofit organization and for which service in employment includes, but is not limited to, service in employment as defined in § 11-10-210(a)(5) , except as provided in subdivisions (4)(B) and (5)(B) of this section; (4) (A) Any employing unit for which agricultural labor as defined in § 11-10-210(a)(5) is performed. (B) In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under subdivisions (1)-(3) or subdivision (5)(A) of this section, the wages earned or the employment of an employee performing service in agricultural labor shall not be taken into account. If an employing unit is determined an employer of agricultural labor, the employing unit shall be determined an employer for the purposes of subdivision (1) of this section; (5) (A) Any employing unit for which domestic service in employment as defined in § 11-10-210(a)(6) is performed. (B) In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under subdivisions (1)-(3) or subdivision (4)(A) of this section, the wages earned or the employment of an employee performing domestic service shall not be taken into account; (6) Any individual or employing unit which acquired the organization, trade, or business, or substantially all of the assets thereof, of another which at the time of the acquisition was an employer subject to this chapter; (7) Any individual or employing unit that acquired the organization, trade, or business, or substantially all the assets thereof, of another employing unit, if the employment record of the individual or employing unit subsequent to the acquisition, together with the employment record of the acquired unit prior to the acquisition, both within the same calendar year, would be sufficient to constitute an employing unit an employer under subdivision (1) of this section; (8) Any employing unit not an employer by reason of any other subdivision of this section: (A) For which, within either the current or preceding calendar year, service is or was performed with respect to which the employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment fund; or (B) Which, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required pursuant to the act to be an employer under this chapter; (9) For the effective period of its election pursuant to § 11-10-403 , any employing unit which has elected to become subject to this chapter; and (10) For the purposes of subdivisions (1) and (3) of this section, employment shall include service that would constitute employment but for the fact that the service is deemed to be performed entirely within another state pursuant to an election under an arrangement entered into, in accordance with § 11-10-544(a) , by the Director of the Division of Workforce Services and any agency charged with the administration of any other state or federal unemployment compensation law. Amended by Act 2019, No. 910,§ 182, eff. 7/1/2019. Acts 1941, No. 391, § 2; 1971, No. 35, § 2; 1973, No. 329, § 1; 1977, No. 366, § 2; 1977, No. 376, § 2; A.S.A. 1947, § 81-1103; Acts 2011, No. 980, § 4.

As used in this chapter, unless the context clearly requires otherwise, "employer" means:

(1) Any individual or employing unit which, for some portion of ten (10) or more days, whether the days are or were consecutive, within the current or the preceding calendar year, has or had in employment one (1) or more individuals irrespective of whether the same individuals are or were employed in each day;

(2) Any employing unit for which service in employment as defined in § 11-10-210(a)(2) is performed, except as provided in subdivision (5) of this section;

(3) Any employing unit which is a nonprofit organization and for which service in employment includes, but is not limited to, service in employment as defined in § 11-10-210(a)(5) , except as provided in subdivisions (4)(B) and (5)(B) of this section;

(4) (A) Any employing unit for which agricultural labor as defined in § 11-10-210(a)(5) is performed. (B) In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under subdivisions (1)-(3) or subdivision (5)(A) of this section, the wages earned or the employment of an employee performing service in agricultural labor shall not be taken into account. If an employing unit is determined an employer of agricultural labor, the employing unit shall be determined an employer for the purposes of subdivision (1) of this section;

(A) Any employing unit for which agricultural labor as defined in § 11-10-210(a)(5) is performed.

(B) In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under subdivisions (1)-(3) or subdivision (5)(A) of this section, the wages earned or the employment of an employee performing service in agricultural labor shall not be taken into account. If an employing unit is determined an employer of agricultural labor, the employing unit shall be determined an employer for the purposes of subdivision (1) of this section;

(5) (A) Any employing unit for which domestic service in employment as defined in § 11-10-210(a)(6) is performed. (B) In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under subdivisions (1)-(3) or subdivision (4)(A) of this section, the wages earned or the employment of an employee performing domestic service shall not be taken into account;

(A) Any employing unit for which domestic service in employment as defined in § 11-10-210(a)(6) is performed.

(B) In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under subdivisions (1)-(3) or subdivision (4)(A) of this section, the wages earned or the employment of an employee performing domestic service shall not be taken into account;

(6) Any individual or employing unit which acquired the organization, trade, or business, or substantially all of the assets thereof, of another which at the time of the acquisition was an employer subject to this chapter;

(7) Any individual or employing unit that acquired the organization, trade, or business, or substantially all the assets thereof, of another employing unit, if the employment record of the individual or employing unit subsequent to the acquisition, together with the employment record of the acquired unit prior to the acquisition, both within the same calendar year, would be sufficient to constitute an employing unit an employer under subdivision (1) of this section;

(8) Any employing unit not an employer by reason of any other subdivision of this section: (A) For which, within either the current or preceding calendar year, service is or was performed with respect to which the employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment fund; or (B) Which, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required pursuant to the act to be an employer under this chapter;

(A) For which, within either the current or preceding calendar year, service is or was performed with respect to which the employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment fund; or

(B) Which, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required pursuant to the act to be an employer under this chapter;

(9) For the effective period of its election pursuant to § 11-10-403 , any employing unit which has elected to become subject to this chapter; and

(10) For the purposes of subdivisions (1) and (3) of this section, employment shall include service that would constitute employment but for the fact that the service is deemed to be performed entirely within another state pursuant to an election under an arrangement entered into, in accordance with § 11-10-544(a) , by the Director of the Division of Workforce Services and any agency charged with the administration of any other state or federal unemployment compensation law.

Amended by Act 2019, No. 910,§ 182, eff. 7/1/2019.

Acts 1941, No. 391, § 2; 1971, No. 35, § 2; 1973, No. 329, § 1; 1977, No. 366, § 2; 1977, No. 376, § 2; A.S.A. 1947, § 81-1103; Acts 2011, No. 980, § 4.
Ark. Code Ann. § 11-5-102 — AR Code / Title 11 / Chapter 5 / Subchapter 1 / Section 11-5-102
Removal of gas, effluvia, and dust required
Status: in_force

(a) All factories, mills, workshops, mercantile establishments, laundries, and other establishments shall be kept free from gas or effluvia arising from any sewer, drain, privy, or other nuisance on the premises. (b) All poisonous or noxious gases arising from any process and all dust which is injurious to the health of persons employed which is created in the process of manufacturing within the above-named establishments shall be removed as far as practicable by ventilators, exhaust fans, or other adequate devices. Acts 1937, No. 323, § 2; Pope's Dig., § 6470; A.S.A. 1947, § 81-402.

(a) All factories, mills, workshops, mercantile establishments, laundries, and other establishments shall be kept free from gas or effluvia arising from any sewer, drain, privy, or other nuisance on the premises.

(b) All poisonous or noxious gases arising from any process and all dust which is injurious to the health of persons employed which is created in the process of manufacturing within the above-named establishments shall be removed as far as practicable by ventilators, exhaust fans, or other adequate devices.

Acts 1937, No. 323, § 2; Pope's Dig., § 6470; A.S.A. 1947, § 81-402.
Ark. Code Ann. § 11-9-707 — AR Code / Title 11 / Chapter 9 / Subchapter 7 / Section 11-9-707
Presumptions
Status: in_force

In any proceeding for the enforcement of a claim for compensation, the following prima facie presumptions shall exist: (1) That the Workers' Compensation Commission has jurisdiction; (2) That sufficient notice was given; and (3) That the injury was not occasioned by the willful intention of the injured employee to bring about the injury of himself or herself or another. Init. Meas. 1948, No. 4, § 24, Acts 1949, p. 1420; A.S.A. 1947, § 81-1324; Acts 1993, No. 796, § 3.

In any proceeding for the enforcement of a claim for compensation, the following prima facie presumptions shall exist:

(1) That the Workers' Compensation Commission has jurisdiction;

(2) That sufficient notice was given; and

(3) That the injury was not occasioned by the willful intention of the injured employee to bring about the injury of himself or herself or another.

Init. Meas. 1948, No. 4, § 24, Acts 1949, p. 1420; A.S.A. 1947, § 81-1324; Acts 1993, No. 796, § 3.
Ark. Code Ann. § 11-10-508 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-508
Eligibility - Labor dispute - Exceptions
Status: in_force

(a) If so found by the Director of the Division of Workforce Services, no individual may serve a waiting period or be paid benefits for the duration of any period of unemployment if he or she lost his or her employment or has left his or her employment by reason of a labor dispute other than a lockout at the factory, establishment, or other premises at which he or she was employed, regardless of whether or not the labor dispute causes any reduction or cessation of operations at the factory, establishment, or other premises of the employer, as long as the labor dispute continues, and thereafter for such reasonable period of time, if any, as may be necessary for that factory, establishment, or other premises to resume normal operation. (b) However, this section shall not apply if it is shown that the individual is not participating in or directly interested in the labor dispute and he or she does not belong to a grade or class of workers of which, immediately before the commencement of the labor dispute, there were members employed at the factory, establishment, or other premises at which the labor dispute occurs, any of whom are participating in or directly interested in the labor dispute. (c) If in any case, separate branches of work, which are commonly conducted as separate businesses in separate premises, are conducted in separate departments of the same premises, each such department shall, for the purpose of this section, be deemed to be a separate factory, establishment, or other premises. Amended by Act 2019, No. 910,§ 240, eff. 7/1/2019. Acts 1941, No. 391, § 4; 1955, No. 395, § 8; 1959, No. 99, § 1; A.S.A. 1947, § 81-1105.

(a) If so found by the Director of the Division of Workforce Services, no individual may serve a waiting period or be paid benefits for the duration of any period of unemployment if he or she lost his or her employment or has left his or her employment by reason of a labor dispute other than a lockout at the factory, establishment, or other premises at which he or she was employed, regardless of whether or not the labor dispute causes any reduction or cessation of operations at the factory, establishment, or other premises of the employer, as long as the labor dispute continues, and thereafter for such reasonable period of time, if any, as may be necessary for that factory, establishment, or other premises to resume normal operation.

(b) However, this section shall not apply if it is shown that the individual is not participating in or directly interested in the labor dispute and he or she does not belong to a grade or class of workers of which, immediately before the commencement of the labor dispute, there were members employed at the factory, establishment, or other premises at which the labor dispute occurs, any of whom are participating in or directly interested in the labor dispute.

(c) If in any case, separate branches of work, which are commonly conducted as separate businesses in separate premises, are conducted in separate departments of the same premises, each such department shall, for the purpose of this section, be deemed to be a separate factory, establishment, or other premises.

Amended by Act 2019, No. 910,§ 240, eff. 7/1/2019.

Acts 1941, No. 391, § 4; 1955, No. 395, § 8; 1959, No. 99, § 1; A.S.A. 1947, § 81-1105.
Ark. Code Ann. § 11-9-206 — AR Code / Title 11 / Chapter 9 / Subchapter 2 / Section 11-9-206
Traveling expenses for members and employees
Status: in_force

Any member or employee of the Workers' Compensation Commission shall be entitled to receive his or her necessary traveling expenses actually incurred and for subsistence while traveling on official business and away from his or her designated station. The expenses shall be certified by the person who incurred them and shall be allowed and paid upon presentation of vouchers approved by the commission. Init. Meas. 1948, No. 4, § 45, Acts 1949, p. 1420; A.S.A. 1947, § 81-1346.

Any member or employee of the Workers' Compensation Commission shall be entitled to receive his or her necessary traveling expenses actually incurred and for subsistence while traveling on official business and away from his or her designated station. The expenses shall be certified by the person who incurred them and shall be allowed and paid upon presentation of vouchers approved by the commission.

Init. Meas. 1948, No. 4, § 45, Acts 1949, p. 1420; A.S.A. 1947, § 81-1346.
Ark. Code Ann. § 11-2-111 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-111
Office - Employees - Location of hearings
Status: in_force

(a) The Secretary of the Department of Labor and Licensing is authorized to appoint a deputy director, a secretary, the heads of divisions, and such other employees as may be necessary. He or she is authorized to assign them to their duties and recommend to the General Assembly the salaries that are to be fixed by appropriation. (b) The Division of Labor shall keep an office in Pulaski County and shall maintain such other office as shall meet the convenience of the division and the public. (c) The members, employees, and agents of the division shall be entitled to receive from the state their necessary and actual expenses while traveling on the business of the division either within or without the State of Arkansas. (d) The Secretary of the Department of Labor and Licensing and his or her authorized representatives may hold hearings at any place other than the Capitol when the convenience of the division and of the interested parties requires. Amended by Act 2019, No. 910,§ 5287, eff. 7/1/2019. Amended by Act 2013, No. 1151,§ 1, eff. 8/16/2013. Acts 1937, No. 161, §§ 4, 5; Pope's Dig., §§ 8500, 8501; Acts 1941, No. 112, § 1; A.S.A. 1947, §§ 81-104, 81-105; Acts 1989, No. 927, § 2.

(a) The Secretary of the Department of Labor and Licensing is authorized to appoint a deputy director, a secretary, the heads of divisions, and such other employees as may be necessary. He or she is authorized to assign them to their duties and recommend to the General Assembly the salaries that are to be fixed by appropriation.

(b) The Division of Labor shall keep an office in Pulaski County and shall maintain such other office as shall meet the convenience of the division and the public.

(c) The members, employees, and agents of the division shall be entitled to receive from the state their necessary and actual expenses while traveling on the business of the division either within or without the State of Arkansas.

(d) The Secretary of the Department of Labor and Licensing and his or her authorized representatives may hold hearings at any place other than the Capitol when the convenience of the division and of the interested parties requires.

Amended by Act 2019, No. 910,§ 5287, eff. 7/1/2019.

Amended by Act 2013, No. 1151,§ 1, eff. 8/16/2013.

Acts 1937, No. 161, §§ 4, 5; Pope's Dig., §§ 8500, 8501; Acts 1941, No. 112, § 1; A.S.A. 1947, §§ 81-104, 81-105; Acts 1989, No. 927, § 2.
Ark. Code Ann. § 11-9-114 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-114
Heart or lung injury or illness
Status: in_force

(a) A cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accident or myocardial infarction causing injury, illness, or death is a compensable injury only if, in relation to other factors contributing to the physical harm, an accident is the major cause of the physical harm. (b) (1) An injury or disease included in subsection (a) of this section shall not be deemed to be a compensable injury unless it is shown that the exertion of the work necessary to precipitate the disability or death was extraordinary and unusual in comparison to the employee's usual work in the course of the employee's regular employment or, alternately, that some unusual and unpredicted incident occurred which is found to have been the major cause of the physical harm. (2) Stress, physical or mental, shall not be considered in determining whether the employee or claimant has met his or her burden of proof. Acts 1993, No. 796, § 8.

(a) A cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accident or myocardial infarction causing injury, illness, or death is a compensable injury only if, in relation to other factors contributing to the physical harm, an accident is the major cause of the physical harm.

(b) (1) An injury or disease included in subsection (a) of this section shall not be deemed to be a compensable injury unless it is shown that the exertion of the work necessary to precipitate the disability or death was extraordinary and unusual in comparison to the employee's usual work in the course of the employee's regular employment or, alternately, that some unusual and unpredicted incident occurred which is found to have been the major cause of the physical harm. (2) Stress, physical or mental, shall not be considered in determining whether the employee or claimant has met his or her burden of proof.

(1) An injury or disease included in subsection (a) of this section shall not be deemed to be a compensable injury unless it is shown that the exertion of the work necessary to precipitate the disability or death was extraordinary and unusual in comparison to the employee's usual work in the course of the employee's regular employment or, alternately, that some unusual and unpredicted incident occurred which is found to have been the major cause of the physical harm.

(2) Stress, physical or mental, shall not be considered in determining whether the employee or claimant has met his or her burden of proof.

Acts 1993, No. 796, § 8.
Ark. Code Ann. § 11-2-115 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-115
Employer records - Inspection
Status: in_force

(a) (1) Every employer or owner shall furnish to the Director of the Division of Labor any information that the director is authorized to require and shall make true and specific answers to all questions, whether submitted orally or in writing, authorized to be put to the employer or owner. (2) (A) Every employer shall keep a true and accurate record of the name, address, and occupation of each person employed by the employer, of the daily and weekly hours worked by each person, and of the wages paid each pay period to each person. (B) The records shall be kept on file for at least one (1) year after the date of the record. (C) No employer shall make or cause to be made any false entries in any record. (b) The director and any authorized representative of the Division of Labor shall, for the purpose of examination, have access to and the right to copy from any book, account, record, payroll, paper, or documents relating to the employment of workers. Amended by Act 2019, No. 910,§ 5292, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5291, eff. 7/1/2019. Acts 1937, No. 161, §§ 14, 15; Pope's Dig., §§ 8510, 8511; A.S.A. 1947, §§ 81-113, 81-114.

(a) (1) Every employer or owner shall furnish to the Director of the Division of Labor any information that the director is authorized to require and shall make true and specific answers to all questions, whether submitted orally or in writing, authorized to be put to the employer or owner. (2) (A) Every employer shall keep a true and accurate record of the name, address, and occupation of each person employed by the employer, of the daily and weekly hours worked by each person, and of the wages paid each pay period to each person. (B) The records shall be kept on file for at least one (1) year after the date of the record. (C) No employer shall make or cause to be made any false entries in any record.

(1) Every employer or owner shall furnish to the Director of the Division of Labor any information that the director is authorized to require and shall make true and specific answers to all questions, whether submitted orally or in writing, authorized to be put to the employer or owner.

(2) (A) Every employer shall keep a true and accurate record of the name, address, and occupation of each person employed by the employer, of the daily and weekly hours worked by each person, and of the wages paid each pay period to each person. (B) The records shall be kept on file for at least one (1) year after the date of the record. (C) No employer shall make or cause to be made any false entries in any record.

(A) Every employer shall keep a true and accurate record of the name, address, and occupation of each person employed by the employer, of the daily and weekly hours worked by each person, and of the wages paid each pay period to each person.

(B) The records shall be kept on file for at least one (1) year after the date of the record.

(C) No employer shall make or cause to be made any false entries in any record.

(b) The director and any authorized representative of the Division of Labor shall, for the purpose of examination, have access to and the right to copy from any book, account, record, payroll, paper, or documents relating to the employment of workers.

Amended by Act 2019, No. 910,§ 5292, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5291, eff. 7/1/2019.

Acts 1937, No. 161, §§ 14, 15; Pope's Dig., §§ 8510, 8511; A.S.A. 1947, §§ 81-113, 81-114.
Ark. Code Ann. § 11-10-1011 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1011
Sources of repayment
Status: in_force

(a) The Arkansas Unemployment Trust Fund Bonds shall be payable from the designated revenues. (b) (1) The unemployment obligation assessment shall be collected until the end of the quarter immediately following the repayment of all bonds authorized under this subchapter. (2) The unemployment obligation assessment shall not be collected until the qualified voters of the state approve the issuance of bonds under this subchapter. (c) (1) In order to secure the payment of debt service, any trust instrument, resolution, or other document for the security for the bondholders may provide for the payment of the designated revenues directly into a trust fund or to a paying agent for the payment of debt service on the bonds. (2) It is not necessary for the funds to be deposited into the State Treasury. (d) Designated revenues remaining after the payment of scheduled debt service on the bonds in any year shall be used to redeem or purchase outstanding bonds. Acts 2011, No. 1125, § 1.

(a) The Arkansas Unemployment Trust Fund Bonds shall be payable from the designated revenues.

(b) (1) The unemployment obligation assessment shall be collected until the end of the quarter immediately following the repayment of all bonds authorized under this subchapter. (2) The unemployment obligation assessment shall not be collected until the qualified voters of the state approve the issuance of bonds under this subchapter.

(1) The unemployment obligation assessment shall be collected until the end of the quarter immediately following the repayment of all bonds authorized under this subchapter.

(2) The unemployment obligation assessment shall not be collected until the qualified voters of the state approve the issuance of bonds under this subchapter.

(c) (1) In order to secure the payment of debt service, any trust instrument, resolution, or other document for the security for the bondholders may provide for the payment of the designated revenues directly into a trust fund or to a paying agent for the payment of debt service on the bonds. (2) It is not necessary for the funds to be deposited into the State Treasury.

(1) In order to secure the payment of debt service, any trust instrument, resolution, or other document for the security for the bondholders may provide for the payment of the designated revenues directly into a trust fund or to a paying agent for the payment of debt service on the bonds.

(2) It is not necessary for the funds to be deposited into the State Treasury.

(d) Designated revenues remaining after the payment of scheduled debt service on the bonds in any year shall be used to redeem or purchase outstanding bonds.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-9-524 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-524
Compensation for disability - Disfigurement
Status: in_force

(a) The Workers' Compensation Commission shall award compensation for serious and permanent facial or head disfigurement in a sum not to exceed three thousand five hundred dollars ($3,500). (b) No award for disfigurement shall be entered until twelve (12) months after the injury. Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1959, No. 144, § 1; Init. Meas. 1968, No. 1, §§ 2, 3, Acts 1969; 1975 (Extended Sess., 1976), No. 1227, §§ 8-10; 1979, No. 253, § 4; 1981, No. 290, § 4; A.S.A. 1947, § 81-1313.

(a) The Workers' Compensation Commission shall award compensation for serious and permanent facial or head disfigurement in a sum not to exceed three thousand five hundred dollars ($3,500).

(b) No award for disfigurement shall be entered until twelve (12) months after the injury.

Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1959, No. 144, § 1; Init. Meas. 1968, No. 1, §§ 2, 3, Acts 1969; 1975 (Extended Sess., 1976), No. 1227, §§ 8-10; 1979, No. 253, § 4; 1981, No. 290, § 4; A.S.A. 1947, § 81-1313.
Ark. Code Ann. § 11-10-107 — AR Code / Title 11 / Chapter 10 / Subchapter 1 / Section 11-10-107
Protection of rights and benefits - Waiver of rights void - Discrimination, obstruction, and employee payment prohibited
Status: in_force

(a) Any agreement by an individual to waive, release, or commute his or her rights to benefits or any other rights under this chapter shall be void. (b) Any agreements by an individual in the employ of any person or employing unit to pay all or any portion of an employer's contributions required under this chapter from the employer shall be void. (c) No employer shall directly or indirectly make, require, or accept any deduction from wages to finance the employer's contributions required from him or her, require or accept any waiver of any right hereunder by any individual in his or her employ, discriminate in regard to the hiring or tenure or work on any term or condition of work of any individual on account of his or her claiming benefits under this chapter, or in any manner obstruct or impede the filing of claims for benefits. (d) Any employer or officer or agent of an employer who violates any provisions of this section shall, for each offense, be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned for not more than six (6) months, or both. Acts 1941, No. 391, § 15; A.S.A. 1947, § 81-1118.

(a) Any agreement by an individual to waive, release, or commute his or her rights to benefits or any other rights under this chapter shall be void.

(b) Any agreements by an individual in the employ of any person or employing unit to pay all or any portion of an employer's contributions required under this chapter from the employer shall be void.

(c) No employer shall directly or indirectly make, require, or accept any deduction from wages to finance the employer's contributions required from him or her, require or accept any waiver of any right hereunder by any individual in his or her employ, discriminate in regard to the hiring or tenure or work on any term or condition of work of any individual on account of his or her claiming benefits under this chapter, or in any manner obstruct or impede the filing of claims for benefits.

(d) Any employer or officer or agent of an employer who violates any provisions of this section shall, for each offense, be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned for not more than six (6) months, or both.

Acts 1941, No. 391, § 15; A.S.A. 1947, § 81-1118.
Ark. Code Ann. § 11-4-304 — AR Code / Title 11 / Chapter 4 / Subchapter 3 / Section 11-4-304
Judicial review
Status: in_force

(a) If either employer or employee shall fail or refuse to accept the findings of the Director of the Division of Labor, then either shall have the right to proceed at law as provided. (b) If the claim is meritorious, and if within the discretion of the director the claimant's lack of financial ability entitles him or her to the services of the Division of Labor, the director in the name of the State of Arkansas, for the benefit of the claimant, may institute action in any court of competent jurisdiction, without paying costs or giving bond for costs, and shall be entitled to all remedies available to litigants in the prosecution of actions and their enforcement, if successful. (c) Nothing in this section shall be construed so as to relieve an unsuccessful defendant from paying costs. Amended by Act 2019, No. 910,§ 5323, eff. 7/1/2019. Acts 1937, No. 86, § 2; Pope's Dig., § 8538; A.S.A. 1947, § 81-312.

(a) If either employer or employee shall fail or refuse to accept the findings of the Director of the Division of Labor, then either shall have the right to proceed at law as provided.

(b) If the claim is meritorious, and if within the discretion of the director the claimant's lack of financial ability entitles him or her to the services of the Division of Labor, the director in the name of the State of Arkansas, for the benefit of the claimant, may institute action in any court of competent jurisdiction, without paying costs or giving bond for costs, and shall be entitled to all remedies available to litigants in the prosecution of actions and their enforcement, if successful.

(c) Nothing in this section shall be construed so as to relieve an unsuccessful defendant from paying costs.

Amended by Act 2019, No. 910,§ 5323, eff. 7/1/2019.

Acts 1937, No. 86, § 2; Pope's Dig., § 8538; A.S.A. 1947, § 81-312.
Ark. Code Ann. § 11-7-306 — AR Code / Title 11 / Chapter 7 / Subchapter 3 / Section 11-7-306
Regulation of air currents
Status: in_force

(a) Air regulation of all slopes, drifts, or shafts used for hoisting or hauling coal shall be made at the intake of air into the mine, except at the option of the owner or by direction of the State Mine Inspector, and all air that goes into the mine shall be so split that not more than fifty (50) employees will be working on each split of air, and not less than two hundred cubic feet (200 cu. ft.) of air per person shall pass each working face per minute, and the air shall be sufficient to dilute all noxious or explosive gases. (b) It shall be the duty of the mine inspector to measure the air at all working faces in making his or her inspection. (c) The machinery and appliances used for conducting or driving the air into the mines shall be so installed, arranged, and adjusted that the air currents may be easily and speedily reversed in emergencies. Amended by Act 2019, No. 382,§ 1, eff. 7/24/2019. Acts 1905, No. 225, § 17, p. 567; 1919, No. 686, § 1; C. & M. Dig., § 7284; Pope's Dig., § 9340; Acts 1949, No. 268, § 8; A.S.A. 1947, § 52-605.

(a) Air regulation of all slopes, drifts, or shafts used for hoisting or hauling coal shall be made at the intake of air into the mine, except at the option of the owner or by direction of the State Mine Inspector, and all air that goes into the mine shall be so split that not more than fifty (50) employees will be working on each split of air, and not less than two hundred cubic feet (200 cu. ft.) of air per person shall pass each working face per minute, and the air shall be sufficient to dilute all noxious or explosive gases.

(b) It shall be the duty of the mine inspector to measure the air at all working faces in making his or her inspection.

(c) The machinery and appliances used for conducting or driving the air into the mines shall be so installed, arranged, and adjusted that the air currents may be easily and speedily reversed in emergencies.

Amended by Act 2019, No. 382,§ 1, eff. 7/24/2019.

Acts 1905, No. 225, § 17, p. 567; 1919, No. 686, § 1; C. & M. Dig., § 7284; Pope's Dig., § 9340; Acts 1949, No. 268, § 8; A.S.A. 1947, § 52-605.
Ark. Code Ann. § 11-5-309 — AR Code / Title 11 / Chapter 5 / Subchapter 3 / Section 11-5-309
Warning signs
Status: in_force

(a) The owner, agent, or employer responsible for the operation of equipment shall post and maintain in plain view of the operator on each crane, derrick, power shovel, drilling rig, hay loader, hay stacker, pile driver, or similar apparatus, any part of which is capable of vertical, lateral, or swinging motion, an approved weather-resistant warning sign legible at twelve feet (12') reading: "WARNING - Unlawful to operate this equipment within ten feet (10') of energized overhead electrical lines." (b) Warning signs shall be placed: (1) Within the equipment readily visible to operators of cranes and other equipment when at the controls of such equipment; and (2) On the outside of equipment in such number and locations as to be readily visible to mechanics or other persons engaged in the work operations. (c) Warning signs should not be less than five inches (5") in height and not less than seven inches (7") in width. Acts 1963, No. 148, §§ 7, 8; 1979, No. 716, § 3; A.S.A. 1947, §§ 81-1407, 81-1408; Acts 1989, No. 752, § 9.

(a) The owner, agent, or employer responsible for the operation of equipment shall post and maintain in plain view of the operator on each crane, derrick, power shovel, drilling rig, hay loader, hay stacker, pile driver, or similar apparatus, any part of which is capable of vertical, lateral, or swinging motion, an approved weather-resistant warning sign legible at twelve feet (12') reading: "WARNING - Unlawful to operate this equipment within ten feet (10') of energized overhead electrical lines."

"WARNING - Unlawful to operate this equipment within ten feet (10') of energized overhead electrical lines."

(b) Warning signs shall be placed: (1) Within the equipment readily visible to operators of cranes and other equipment when at the controls of such equipment; and (2) On the outside of equipment in such number and locations as to be readily visible to mechanics or other persons engaged in the work operations.

(1) Within the equipment readily visible to operators of cranes and other equipment when at the controls of such equipment; and

(2) On the outside of equipment in such number and locations as to be readily visible to mechanics or other persons engaged in the work operations.

(c) Warning signs should not be less than five inches (5") in height and not less than seven inches (7") in width.

Acts 1963, No. 148, §§ 7, 8; 1979, No. 716, § 3; A.S.A. 1947, §§ 81-1407, 81-1408; Acts 1989, No. 752, § 9.