Ark. Code Ann. § 11-11-202 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Agency manager" means the individual designated by the employment agency to conduct the general management, administration, and operation of a designated employment agency office. Every employment agency must maintain a licensed agency manager at each of its separate office locations; (2) "Applicant" except when used to describe an applicant for an employment agency or agency manager's or counselor's license means any person, whether employed or unemployed, seeking or entering into an arrangement for employment or change of employment through the medium or service of an employment agency; (3) [Repealed.] (4) [Repealed.] (5) "Employee" means a person performing or seeking to perform work or service of any kind or character for compensation; (6) "Employer" means a person employing or seeking to employ a person for compensation; (7) (A) "Employment agent" or "employment agency" means any person engaged for hire, compensation, gain, or profit in the business of furnishing persons seeking employment with information or other service enabling the persons to procure employment by or through employers or furnishing any other person who may be seeking to employ or may be in the market for help of any kind with information enabling the other person to procure help. (B) However, "employment agent" or "employment agency" does not mean: (i) Any person who prepares resumes for individuals for employment purposes if the person who prepares the resumes does not refer or purport to refer prospective employees to employers or employers to prospective employees, does not represent himself or herself as an employment agency, or does not have any financial connection with any employment agency; (ii) Any person who employs individuals to render part-time or temporary services to, for, or under the direction of a third person if the person employing the individuals, in addition to paying wages or salaries, pays federal Social Security taxes and state and federal unemployment insurance and secures work-service to, for, or under the direction of a third person; (iii) Any bona fide nursing school, nurses' registry, management consulting firm, business school, or vocational school whose primary function and purpose is training and education, except that if such an organization charges a fee, directly or indirectly, for job placement of individuals, the organization shall be an employment agency within the meaning of this subchapter; (iv) A labor organization; (v) Any person who publishes advertisements placed and paid for by a third person seeking employment or an employee, provided that the person does not procure or offer to procure employment or employees; or (vi) Any person who contracts with an employer to recruit employees for the employer without charge to the prospective employee; (8) "Employment counselor" means an employee of any employment agency who interviews, counsels, or advises applicants or employers, or both, on employment or allied problems or who makes or arranges contracts or contacts between employers and employees. The term "employment counselor" includes employees who solicit orders for employees from prospective employers; (9) "Fee" shall mean anything of value, including any money or other valuable consideration exacted, charged, collected, or received, directly or indirectly, or paid or contracted to be paid for any services or act by an employment agency; and (10) "Person" means any individual, company, firm, association, partnership, or corporation. Amended by Act 2019, No. 910,§ 5368, eff. 7/1/2019. Acts 1975, No. 493, § 2; 1977, No. 390, § 1; A.S.A. 1947, § 81-1014; Acts 1989, No. 750, § 1; 1997, No. 435, § 1.

As used in this subchapter, unless the context otherwise requires:

(1) "Agency manager" means the individual designated by the employment agency to conduct the general management, administration, and operation of a designated employment agency office. Every employment agency must maintain a licensed agency manager at each of its separate office locations;

(2) "Applicant" except when used to describe an applicant for an employment agency or agency manager's or counselor's license means any person, whether employed or unemployed, seeking or entering into an arrangement for employment or change of employment through the medium or service of an employment agency;

(3) [Repealed.]

(4) [Repealed.]

(5) "Employee" means a person performing or seeking to perform work or service of any kind or character for compensation;

(6) "Employer" means a person employing or seeking to employ a person for compensation;

(7) (A) "Employment agent" or "employment agency" means any person engaged for hire, compensation, gain, or profit in the business of furnishing persons seeking employment with information or other service enabling the persons to procure employment by or through employers or furnishing any other person who may be seeking to employ or may be in the market for help of any kind with information enabling the other person to procure help. (B) However, "employment agent" or "employment agency" does not mean: (i) Any person who prepares resumes for individuals for employment purposes if the person who prepares the resumes does not refer or purport to refer prospective employees to employers or employers to prospective employees, does not represent himself or herself as an employment agency, or does not have any financial connection with any employment agency; (ii) Any person who employs individuals to render part-time or temporary services to, for, or under the direction of a third person if the person employing the individuals, in addition to paying wages or salaries, pays federal Social Security taxes and state and federal unemployment insurance and secures work-service to, for, or under the direction of a third person; (iii) Any bona fide nursing school, nurses' registry, management consulting firm, business school, or vocational school whose primary function and purpose is training and education, except that if such an organization charges a fee, directly or indirectly, for job placement of individuals, the organization shall be an employment agency within the meaning of this subchapter; (iv) A labor organization; (v) Any person who publishes advertisements placed and paid for by a third person seeking employment or an employee, provided that the person does not procure or offer to procure employment or employees; or (vi) Any person who contracts with an employer to recruit employees for the employer without charge to the prospective employee;

(A) "Employment agent" or "employment agency" means any person engaged for hire, compensation, gain, or profit in the business of furnishing persons seeking employment with information or other service enabling the persons to procure employment by or through employers or furnishing any other person who may be seeking to employ or may be in the market for help of any kind with information enabling the other person to procure help.

(B) However, "employment agent" or "employment agency" does not mean: (i) Any person who prepares resumes for individuals for employment purposes if the person who prepares the resumes does not refer or purport to refer prospective employees to employers or employers to prospective employees, does not represent himself or herself as an employment agency, or does not have any financial connection with any employment agency; (ii) Any person who employs individuals to render part-time or temporary services to, for, or under the direction of a third person if the person employing the individuals, in addition to paying wages or salaries, pays federal Social Security taxes and state and federal unemployment insurance and secures work-service to, for, or under the direction of a third person; (iii) Any bona fide nursing school, nurses' registry, management consulting firm, business school, or vocational school whose primary function and purpose is training and education, except that if such an organization charges a fee, directly or indirectly, for job placement of individuals, the organization shall be an employment agency within the meaning of this subchapter; (iv) A labor organization; (v) Any person who publishes advertisements placed and paid for by a third person seeking employment or an employee, provided that the person does not procure or offer to procure employment or employees; or (vi) Any person who contracts with an employer to recruit employees for the employer without charge to the prospective employee;

(i) Any person who prepares resumes for individuals for employment purposes if the person who prepares the resumes does not refer or purport to refer prospective employees to employers or employers to prospective employees, does not represent himself or herself as an employment agency, or does not have any financial connection with any employment agency;

(ii) Any person who employs individuals to render part-time or temporary services to, for, or under the direction of a third person if the person employing the individuals, in addition to paying wages or salaries, pays federal Social Security taxes and state and federal unemployment insurance and secures work-service to, for, or under the direction of a third person;

(iii) Any bona fide nursing school, nurses' registry, management consulting firm, business school, or vocational school whose primary function and purpose is training and education, except that if such an organization charges a fee, directly or indirectly, for job placement of individuals, the organization shall be an employment agency within the meaning of this subchapter;

(iv) A labor organization;

(v) Any person who publishes advertisements placed and paid for by a third person seeking employment or an employee, provided that the person does not procure or offer to procure employment or employees; or

(vi) Any person who contracts with an employer to recruit employees for the employer without charge to the prospective employee;

(8) "Employment counselor" means an employee of any employment agency who interviews, counsels, or advises applicants or employers, or both, on employment or allied problems or who makes or arranges contracts or contacts between employers and employees. The term "employment counselor" includes employees who solicit orders for employees from prospective employers;

(9) "Fee" shall mean anything of value, including any money or other valuable consideration exacted, charged, collected, or received, directly or indirectly, or paid or contracted to be paid for any services or act by an employment agency; and

(10) "Person" means any individual, company, firm, association, partnership, or corporation.

Amended by Act 2019, No. 910,§ 5368, eff. 7/1/2019.

Acts 1975, No. 493, § 2; 1977, No. 390, § 1; A.S.A. 1947, § 81-1014; Acts 1989, No. 750, § 1; 1997, No. 435, § 1.
Ark. Code Ann. § 11-10-543 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-543
Extended benefits - Failure to accept or seek suitable work - Definition
Status: in_force

(a) Notwithstanding the provisions of § 11-10-535 , an individual shall be ineligible for payment of extended benefits for any week of unemployment in his or her eligibility period if the Director of the Division of Workforce Services finds that during that period: (1) He or she failed to accept any offer of suitable work or failed to apply for any suitable work as defined under subsection (c) of this section to which he or she was referred by the director; or (2) He or she failed to actively engage in seeking work as prescribed under subsection (f) of this section, unless he or she did not actively engage in seeking work because he or she was before any court of the United States or of any state pursuant to a lawfully issued summons to appear for jury duty. In that event, his or her entitlement to benefits shall be decided pursuant to the able and available requirements of § 11-10-507 , without regard to the disqualification provisions otherwise applicable under subsection (b) of this section. (b) Any individual who has been found ineligible for extended benefits by reason of the provision in subsection (a) of this section shall also be ineligible for extended benefits beginning with the first day of the week following the week in which the failure occurred and until he or she has been employed in each of four (4) subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than four (4) times his or her extended weekly benefit amount. (c) For purposes of this section, the term "suitable work" means, with respect to any individual, any work that is within the individual's capabilities, provided that: (1) The gross average weekly remuneration payable for the work exceeds the sum of the individual's average weekly benefit amount, as determined under § 11-10-537 , plus the amount, if any, of supplemental unemployment benefits, as defined in section 501(c)(17)(D) of the Internal Revenue Code of 1954 payable to the individual for that week; and (2) The work pays wages equal to the higher of: (A) The minimum wages provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or (B) The state or local minimum wage. (d) No individual shall be denied extended benefits for failure to accept an offer of, or referral to, any job which meets the definition of suitability as described in subsection (c) of this section if: (1) The position was not offered to the individual in writing and was not listed with the employment service; (2) The failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants in § 11-10-515 to the extent that the criteria of suitability in § 11-10-515 are not inconsistent with the provisions of this section; or (3) The individual furnishes satisfactory evidence to the director that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to an individual shall be made in accordance with the definition of suitable work in § 11-10-515 without regard to the definition specified by this section. (e) Notwithstanding the provision of this section to the contrary, no work shall be deemed to be suitable work for an individual that does not accord with the labor standard provisions required by section 3304(a)(5) of the Internal Revenue Code of 1954 and set forth herein under § 11-10-515 . (f) For the purposes of subdivision (a)(2) of this section, an individual shall be treated as actively engaged in seeking work during any week if: (1) The individual has engaged in a systematic and sustained effort to obtain work during the week; and (2) The individual furnishes tangible evidence that he or she has engaged in effort during the week. (g) The employment service shall refer any claimant entitled to extended benefits under this chapter to any suitable work which meets the criteria prescribed in subsections (c) and (d) of this section. (h) An individual shall not be eligible to receive extended benefits with respect to any week of unemployment in his or her eligibility period if the individual has been disqualified for regular benefits under this chapter because he or she voluntarily left work, was discharged for misconduct, or refused an offer of suitable work unless the disqualification imposed for those reasons was satisfied with employment. (i) The Division of Workforce Services shall enforce this section. (j) The director shall make quarterly reports to the Legislative Council on the division's efforts to enforce this section, including without limitation: (1) The number of cases of benefit recipients accused of not accepting valid job offers; (2) The disposition of cases reported under subdivision (j)(1) of this section; and (3) The policies and steps the division is taking to eliminate and reduce refusals to accept valid job offers. (k) (1) The division shall facilitate electronic reporting of a benefit recipient who refuses to take an offered job either through outright refusal, failing a drug test, or other means. (2) The division may facilitate electronic reporting under subdivision (k)(1) of this section by an easy-to-understand and -use website created for the purpose or created for another purpose that facilitates easy reporting by potential employers and others. (l) (1) The division shall notify periodically an employer regarding the method for reporting a benefit recipient who fails to take a job either through outright refusal, failing a drug test, or other means. (2) The division may notify an employer at least two (2) times per year regarding the method for reporting under subdivision (l)(1) of this section by electronic means that are economically feasible and may be a part of another communication to the employer. (m) (1) An employer that provides a report with the belief that it is true of a failure to take a job, whether by outright refusal, failure to show up for work or interview, failing a drug test, or other means is not liable for the reporting. (2) This section provides a complete defense for an employer in a civil proceeding arising from an employer's actions under this section. Amended by Act 2019, No. 910,§ 273, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 272, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 271, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 270, eff. 7/1/2019. Amended by Act 2013, No. 1040,§ 1, eff. 8/16/2013. Acts 1971, No. 35, § 21; 1981, No. 43, § 19; 1985, No. 8, § 31; 1985, No. 9, § 31; A.S.A. 1947, § 81-1124.

(a) Notwithstanding the provisions of § 11-10-535 , an individual shall be ineligible for payment of extended benefits for any week of unemployment in his or her eligibility period if the Director of the Division of Workforce Services finds that during that period: (1) He or she failed to accept any offer of suitable work or failed to apply for any suitable work as defined under subsection (c) of this section to which he or she was referred by the director; or (2) He or she failed to actively engage in seeking work as prescribed under subsection (f) of this section, unless he or she did not actively engage in seeking work because he or she was before any court of the United States or of any state pursuant to a lawfully issued summons to appear for jury duty. In that event, his or her entitlement to benefits shall be decided pursuant to the able and available requirements of § 11-10-507 , without regard to the disqualification provisions otherwise applicable under subsection (b) of this section.

(1) He or she failed to accept any offer of suitable work or failed to apply for any suitable work as defined under subsection (c) of this section to which he or she was referred by the director; or

(2) He or she failed to actively engage in seeking work as prescribed under subsection (f) of this section, unless he or she did not actively engage in seeking work because he or she was before any court of the United States or of any state pursuant to a lawfully issued summons to appear for jury duty. In that event, his or her entitlement to benefits shall be decided pursuant to the able and available requirements of § 11-10-507 , without regard to the disqualification provisions otherwise applicable under subsection (b) of this section.

(b) Any individual who has been found ineligible for extended benefits by reason of the provision in subsection (a) of this section shall also be ineligible for extended benefits beginning with the first day of the week following the week in which the failure occurred and until he or she has been employed in each of four (4) subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than four (4) times his or her extended weekly benefit amount.

(c) For purposes of this section, the term "suitable work" means, with respect to any individual, any work that is within the individual's capabilities, provided that: (1) The gross average weekly remuneration payable for the work exceeds the sum of the individual's average weekly benefit amount, as determined under § 11-10-537 , plus the amount, if any, of supplemental unemployment benefits, as defined in section 501(c)(17)(D) of the Internal Revenue Code of 1954 payable to the individual for that week; and (2) The work pays wages equal to the higher of: (A) The minimum wages provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or (B) The state or local minimum wage.

(1) The gross average weekly remuneration payable for the work exceeds the sum of the individual's average weekly benefit amount, as determined under § 11-10-537 , plus the amount, if any, of supplemental unemployment benefits, as defined in section 501(c)(17)(D) of the Internal Revenue Code of 1954 payable to the individual for that week; and

(2) The work pays wages equal to the higher of: (A) The minimum wages provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or (B) The state or local minimum wage.

(A) The minimum wages provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or

(B) The state or local minimum wage.

(d) No individual shall be denied extended benefits for failure to accept an offer of, or referral to, any job which meets the definition of suitability as described in subsection (c) of this section if: (1) The position was not offered to the individual in writing and was not listed with the employment service; (2) The failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants in § 11-10-515 to the extent that the criteria of suitability in § 11-10-515 are not inconsistent with the provisions of this section; or (3) The individual furnishes satisfactory evidence to the director that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to an individual shall be made in accordance with the definition of suitable work in § 11-10-515 without regard to the definition specified by this section.

(1) The position was not offered to the individual in writing and was not listed with the employment service;

(2) The failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants in § 11-10-515 to the extent that the criteria of suitability in § 11-10-515 are not inconsistent with the provisions of this section; or

(3) The individual furnishes satisfactory evidence to the director that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to an individual shall be made in accordance with the definition of suitable work in § 11-10-515 without regard to the definition specified by this section.

(e) Notwithstanding the provision of this section to the contrary, no work shall be deemed to be suitable work for an individual that does not accord with the labor standard provisions required by section 3304(a)(5) of the Internal Revenue Code of 1954 and set forth herein under § 11-10-515 .

(f) For the purposes of subdivision (a)(2) of this section, an individual shall be treated as actively engaged in seeking work during any week if: (1) The individual has engaged in a systematic and sustained effort to obtain work during the week; and (2) The individual furnishes tangible evidence that he or she has engaged in effort during the week.

(1) The individual has engaged in a systematic and sustained effort to obtain work during the week; and

(2) The individual furnishes tangible evidence that he or she has engaged in effort during the week.

(g) The employment service shall refer any claimant entitled to extended benefits under this chapter to any suitable work which meets the criteria prescribed in subsections (c) and (d) of this section.

(h) An individual shall not be eligible to receive extended benefits with respect to any week of unemployment in his or her eligibility period if the individual has been disqualified for regular benefits under this chapter because he or she voluntarily left work, was discharged for misconduct, or refused an offer of suitable work unless the disqualification imposed for those reasons was satisfied with employment.

(i) The Division of Workforce Services shall enforce this section.

(j) The director shall make quarterly reports to the Legislative Council on the division's efforts to enforce this section, including without limitation: (1) The number of cases of benefit recipients accused of not accepting valid job offers; (2) The disposition of cases reported under subdivision (j)(1) of this section; and (3) The policies and steps the division is taking to eliminate and reduce refusals to accept valid job offers.

(1) The number of cases of benefit recipients accused of not accepting valid job offers;

(2) The disposition of cases reported under subdivision (j)(1) of this section; and

(3) The policies and steps the division is taking to eliminate and reduce refusals to accept valid job offers.

(k) (1) The division shall facilitate electronic reporting of a benefit recipient who refuses to take an offered job either through outright refusal, failing a drug test, or other means. (2) The division may facilitate electronic reporting under subdivision (k)(1) of this section by an easy-to-understand and -use website created for the purpose or created for another purpose that facilitates easy reporting by potential employers and others.

(1) The division shall facilitate electronic reporting of a benefit recipient who refuses to take an offered job either through outright refusal, failing a drug test, or other means.

(2) The division may facilitate electronic reporting under subdivision (k)(1) of this section by an easy-to-understand and -use website created for the purpose or created for another purpose that facilitates easy reporting by potential employers and others.

(l) (1) The division shall notify periodically an employer regarding the method for reporting a benefit recipient who fails to take a job either through outright refusal, failing a drug test, or other means. (2) The division may notify an employer at least two (2) times per year regarding the method for reporting under subdivision (l)(1) of this section by electronic means that are economically feasible and may be a part of another communication to the employer.

(1) The division shall notify periodically an employer regarding the method for reporting a benefit recipient who fails to take a job either through outright refusal, failing a drug test, or other means.

(2) The division may notify an employer at least two (2) times per year regarding the method for reporting under subdivision (l)(1) of this section by electronic means that are economically feasible and may be a part of another communication to the employer.

(m) (1) An employer that provides a report with the belief that it is true of a failure to take a job, whether by outright refusal, failure to show up for work or interview, failing a drug test, or other means is not liable for the reporting. (2) This section provides a complete defense for an employer in a civil proceeding arising from an employer's actions under this section.

(1) An employer that provides a report with the belief that it is true of a failure to take a job, whether by outright refusal, failure to show up for work or interview, failing a drug test, or other means is not liable for the reporting.

(2) This section provides a complete defense for an employer in a civil proceeding arising from an employer's actions under this section.

Amended by Act 2019, No. 910,§ 273, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 272, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 271, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 270, eff. 7/1/2019.

Amended by Act 2013, No. 1040,§ 1, eff. 8/16/2013.

Acts 1971, No. 35, § 21; 1981, No. 43, § 19; 1985, No. 8, § 31; 1985, No. 9, § 31; A.S.A. 1947, § 81-1124.
Ark. Code Ann. § 11-9-518 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-518
Weekly wages as basis for compensation
Status: in_force

(a) (1) Compensation shall be computed on the average weekly wage earned by the employee under the contract of hire in force at the time of the accident and in no case shall be computed on less than a full-time workweek in the employment. (2) Where the injured employee was working on a piece basis, the average weekly wage shall be determined by dividing the earnings of the employee by the number of hours required to earn the wages during the period not to exceed fifty-two (52) weeks preceding the week in which the accident occurred and by multiplying this hourly wage by the number of hours in a full-time workweek in the employment. (b) Overtime earnings are to be added to the regular weekly wages and shall be computed by dividing the overtime earnings by the number of weeks worked by the employee in the same employment under the contract of hire in force at the time of the accident, not to exceed a period of fifty-two (52) weeks preceding the accident. (c) If, because of exceptional circumstances, the average weekly wage cannot be fairly and justly determined by the above formulas, the commission may determine the average weekly wage by a method that is just and fair to all parties concerned. Init. Meas. 1948, No. 4, § 12, Acts 1949, p. 1420; A.S.A. 1947, § 81-1312.

(a) (1) Compensation shall be computed on the average weekly wage earned by the employee under the contract of hire in force at the time of the accident and in no case shall be computed on less than a full-time workweek in the employment. (2) Where the injured employee was working on a piece basis, the average weekly wage shall be determined by dividing the earnings of the employee by the number of hours required to earn the wages during the period not to exceed fifty-two (52) weeks preceding the week in which the accident occurred and by multiplying this hourly wage by the number of hours in a full-time workweek in the employment.

(1) Compensation shall be computed on the average weekly wage earned by the employee under the contract of hire in force at the time of the accident and in no case shall be computed on less than a full-time workweek in the employment.

(2) Where the injured employee was working on a piece basis, the average weekly wage shall be determined by dividing the earnings of the employee by the number of hours required to earn the wages during the period not to exceed fifty-two (52) weeks preceding the week in which the accident occurred and by multiplying this hourly wage by the number of hours in a full-time workweek in the employment.

(b) Overtime earnings are to be added to the regular weekly wages and shall be computed by dividing the overtime earnings by the number of weeks worked by the employee in the same employment under the contract of hire in force at the time of the accident, not to exceed a period of fifty-two (52) weeks preceding the accident.

(c) If, because of exceptional circumstances, the average weekly wage cannot be fairly and justly determined by the above formulas, the commission may determine the average weekly wage by a method that is just and fair to all parties concerned.

Init. Meas. 1948, No. 4, § 12, Acts 1949, p. 1420; A.S.A. 1947, § 81-1312.
Ark. Code Ann. § 11-10-612 — AR Code / Title 11 / Chapter 10 / Subchapter 6 / Section 11-10-612
Charging shared-work unemployment compensation
Status: in_force

(a) Shared work unemployment compensation shall be charged to the employer's experience rating accounts in the same manner as unemployment compensation is charged under this chapter. (b) Employers liable for payments in lieu of contributions shall have shared work unemployment compensation attributed to service in their employ in the same manner as unemployment compensation is attributed. Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n.

(a) Shared work unemployment compensation shall be charged to the employer's experience rating accounts in the same manner as unemployment compensation is charged under this chapter.

(b) Employers liable for payments in lieu of contributions shall have shared work unemployment compensation attributed to service in their employ in the same manner as unemployment compensation is attributed.

Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n.
Ark. Code Ann. § 11-3-302 — AR Code / Title 11 / Chapter 3 / Subchapter 3 / Section 11-3-302
Enforcement
Status: in_force

The power and duty to enforce this subchapter is conferred upon and vested in the circuit court of the county in which any person, group of persons, firm, corporation, unincorporated association, labor organization, or representatives thereof who violate this subchapter, or any part hereof, reside or have a place of business or may be found and served with process. Acts 1947, No. 101, § 4; A.S.A. 1947, § 81-204.

The power and duty to enforce this subchapter is conferred upon and vested in the circuit court of the county in which any person, group of persons, firm, corporation, unincorporated association, labor organization, or representatives thereof who violate this subchapter, or any part hereof, reside or have a place of business or may be found and served with process.

Acts 1947, No. 101, § 4; A.S.A. 1947, § 81-204.
Ark. Code Ann. § 11-5-103 — AR Code / Title 11 / Chapter 5 / Subchapter 1 / Section 11-5-103
Cleaning required
Status: in_force

(a) All decomposed, fetid, or putrescent matter and all refuse, waste, and sweepings of any factory, mill, workshop, mercantile establishment, laundry, or other establishment shall be removed at least once each day and be disposed of in such manner as not to cause a nuisance. (b) All cleaning, sweeping, and dusting shall be done as far as possible outside of working hours, but if done during working hours, shall be done in such a manner as to avoid, as far as possible, the raising of dust and noxious odors. Acts 1937, No. 323, § 3; Pope's Dig., § 6471; A.S.A. 1947, § 81-403.

(a) All decomposed, fetid, or putrescent matter and all refuse, waste, and sweepings of any factory, mill, workshop, mercantile establishment, laundry, or other establishment shall be removed at least once each day and be disposed of in such manner as not to cause a nuisance.

(b) All cleaning, sweeping, and dusting shall be done as far as possible outside of working hours, but if done during working hours, shall be done in such a manner as to avoid, as far as possible, the raising of dust and noxious odors.

Acts 1937, No. 323, § 3; Pope's Dig., § 6471; A.S.A. 1947, § 81-403.
Ark. Code Ann. § 11-6-102 — AR Code / Title 11 / Chapter 6 / Section 11-6-102
Certain children excepted from chapter
Status: in_force

No boy or girl between the ages of sixteen (16) years and eighteen (18) years shall be subject to the provisions of this chapter if: (1) The boy or girl is a graduate of any high school, vocational school, or technical school; (2) The boy or girl is married or is a parent. Init. Meas. 1914, No. 1, § 6, Acts 1915, p. 1505; C. & M. Dig., § 7091; Pope's Dig., § 9073; Acts 1975, No. 11, § 1; 1977, No. 326, § 1; A.S.A. 1947, § 81-707.

No boy or girl between the ages of sixteen (16) years and eighteen (18) years shall be subject to the provisions of this chapter if:

(1) The boy or girl is a graduate of any high school, vocational school, or technical school;

(2) The boy or girl is married or is a parent.

Init. Meas. 1914, No. 1, § 6, Acts 1915, p. 1505; C. & M. Dig., § 7091; Pope's Dig., § 9073; Acts 1975, No. 11, § 1; 1977, No. 326, § 1; A.S.A. 1947, § 81-707.
Ark. Code Ann. § 11-10-315 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-315
Authority to administer oaths, issue subpoenas, etc
Status: in_force

In the discharge of the duties imposed by this chapter, the Director of the Division of Workforce Services, the chair of an appeal tribunal, the members of the Board of Review, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with disputed claims or the administration of this chapter. Amended by Act 2019, No. 910,§ 221, eff. 7/1/2019. Acts 1941, No. 391, § 11; 1943, No. 138, § 16; A.S.A. 1947, § 81-1114.

In the discharge of the duties imposed by this chapter, the Director of the Division of Workforce Services, the chair of an appeal tribunal, the members of the Board of Review, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with disputed claims or the administration of this chapter.

Amended by Act 2019, No. 910,§ 221, eff. 7/1/2019.

Acts 1941, No. 391, § 11; 1943, No. 138, § 16; A.S.A. 1947, § 81-1114.
Ark. Code Ann. § 11-9-107 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-107
Penalties for discrimination for filing claim
Status: in_force

(a) (1) Any employer who willfully discriminates in regard to the hiring or tenure of work or any term or condition of work of any individual on account of the individual's claim for benefits under this chapter, or who in any manner obstructs or impedes the filing of claims for benefits under this chapter, shall be subject to a fine of up to ten thousand dollars ($10,000) as determined by the Workers' Compensation Commission. (2) This fine shall be payable to the Second Injury Trust Fund and paid by the employer and not by the carrier. (b) (1) In addition, the prevailing party shall be entitled to recover costs and a reasonable attorney's fee payable from the fine. (2) Provided, however, if the employee is the nonprevailing party, the attorney's fee and costs shall, at the election of the employer, be paid by the employee or deducted from future workers' compensation benefits. (c) The employer may also be guilty of a Class D felony. (d) This section shall not be construed as establishing an exception to the employment at will doctrine. (e) A purpose of this section is to preserve the exclusive remedy doctrine and specifically annul any case law inconsistent herewith, including, but not necessarily limited to: Wal-Mart Stores, Inc. v. Baysinger, 306 Ark. 239, 812 S.W.2d 463 (1991) ; Mapco, Inc. v. Payne, 306 Ark. 198, 812 S.W.2d 483 (1991) ; and Thomas v. Valmac Industries, Inc., 306 Ark. 228, 812 S.W.2d 673 (1991). Init. Meas. 1948, No. 4, § 35, Acts 1949, p. 1420; Init. Meas. 1968, No. 1, § 6; A.S.A. 1947, § 81-1335; Acts 1993, No. 796, § 6.

(a) (1) Any employer who willfully discriminates in regard to the hiring or tenure of work or any term or condition of work of any individual on account of the individual's claim for benefits under this chapter, or who in any manner obstructs or impedes the filing of claims for benefits under this chapter, shall be subject to a fine of up to ten thousand dollars ($10,000) as determined by the Workers' Compensation Commission. (2) This fine shall be payable to the Second Injury Trust Fund and paid by the employer and not by the carrier.

(1) Any employer who willfully discriminates in regard to the hiring or tenure of work or any term or condition of work of any individual on account of the individual's claim for benefits under this chapter, or who in any manner obstructs or impedes the filing of claims for benefits under this chapter, shall be subject to a fine of up to ten thousand dollars ($10,000) as determined by the Workers' Compensation Commission.

(2) This fine shall be payable to the Second Injury Trust Fund and paid by the employer and not by the carrier.

(b) (1) In addition, the prevailing party shall be entitled to recover costs and a reasonable attorney's fee payable from the fine. (2) Provided, however, if the employee is the nonprevailing party, the attorney's fee and costs shall, at the election of the employer, be paid by the employee or deducted from future workers' compensation benefits.

(1) In addition, the prevailing party shall be entitled to recover costs and a reasonable attorney's fee payable from the fine.

(2) Provided, however, if the employee is the nonprevailing party, the attorney's fee and costs shall, at the election of the employer, be paid by the employee or deducted from future workers' compensation benefits.

(c) The employer may also be guilty of a Class D felony.

(d) This section shall not be construed as establishing an exception to the employment at will doctrine.

(e) A purpose of this section is to preserve the exclusive remedy doctrine and specifically annul any case law inconsistent herewith, including, but not necessarily limited to: Wal-Mart Stores, Inc. v. Baysinger, 306 Ark. 239, 812 S.W.2d 463 (1991) ; Mapco, Inc. v. Payne, 306 Ark. 198, 812 S.W.2d 483 (1991) ; and Thomas v. Valmac Industries, Inc., 306 Ark. 228, 812 S.W.2d 673 (1991).

Init. Meas. 1948, No. 4, § 35, Acts 1949, p. 1420; Init. Meas. 1968, No. 1, § 6; A.S.A. 1947, § 81-1335; Acts 1993, No. 796, § 6.
Ark. Code Ann. § 11-8-104 — AR Code / Title 11 / Chapter 8 / Section 11-8-104
Contributory negligence no bar to recovery
Status: in_force

(a) In all actions brought against any corporation under or by virtue of any of the provisions of §§ 11-8-101 - 11-8-108 to recover damages for personal injuries to an employee, or where the injuries have resulted in his or her death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury and not by the court in proportion to the amount of negligence attributable to the employee. (b) However, no employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by the corporation of any statute enacted for the safety of employees contributed to the injury or death of the employee. Acts 1913, No. 175, § 2; C. & M. Dig., § 7145; Pope's Dig., § 9131; A.S.A. 1947, § 81-1202.

(a) In all actions brought against any corporation under or by virtue of any of the provisions of §§ 11-8-101 - 11-8-108 to recover damages for personal injuries to an employee, or where the injuries have resulted in his or her death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury and not by the court in proportion to the amount of negligence attributable to the employee.

(b) However, no employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by the corporation of any statute enacted for the safety of employees contributed to the injury or death of the employee.

Acts 1913, No. 175, § 2; C. & M. Dig., § 7145; Pope's Dig., § 9131; A.S.A. 1947, § 81-1202.
Ark. Code Ann. § 11-9-202 — AR Code / Title 11 / Chapter 9 / Subchapter 2 / Section 11-9-202
Members - Bond
Status: in_force

(a) The members shall give bond in the sum of ten thousand dollars ($10,000) executed by a surety company authorized to do business in the state for the faithful performance of their duties. (b) The bond shall be approved by the Governor and kept on file in the office of the Secretary of State. (c) Any action on the bond for breach thereof shall be instituted by the Attorney General and shall be in the name of the State of Arkansas. (d) The premium upon the bonds shall be paid out of the Workers' Compensation Fund. Init. Meas. 1948, No. 4, § 42, Acts 1949, p. 1420; A.S.A. 1947, § 81-1342.

(a) The members shall give bond in the sum of ten thousand dollars ($10,000) executed by a surety company authorized to do business in the state for the faithful performance of their duties.

(b) The bond shall be approved by the Governor and kept on file in the office of the Secretary of State.

(c) Any action on the bond for breach thereof shall be instituted by the Attorney General and shall be in the name of the State of Arkansas.

(d) The premium upon the bonds shall be paid out of the Workers' Compensation Fund.

Init. Meas. 1948, No. 4, § 42, Acts 1949, p. 1420; A.S.A. 1947, § 81-1342.
Ark. Code Ann. § 11-10-312 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-312
Federal-state cooperation
Status: in_force

(a) In the administration of this chapter, the Director of the Division of Workforce Services shall cooperate with the United States Department of Labor to the fullest extent consistent with this chapter and may take such action, through the adoption of such appropriate rules, administrative methods, and standards as may be necessary to secure to this state and its citizens all advantages available under the Social Security Act that relate to unemployment compensation, the Federal Unemployment Tax Act, the Wagner-Peyser Act, and the Federal-State Extended Unemployment Compensation Act of 1970. (b) In the administration of §§ 11-10-534 - 11-10-543 , which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the director may take such action as may be necessary to: (1) Ensure that the provisions are so interpreted and applied as to meet the requirements of the federal act referred to in this subsection as interpreted by the United States Department of Labor; and (2) To the extent benefits do not conflict with § 11-10-311 and to the extent the director in his or her discretion deems it necessary, secure to this state the full reimbursement of the federal share of extended benefits paid under this chapter that are reimbursable under the federal act referred to in this subsection. (c) This section does not: (1) Require the director to participate in, nor preclude the director from ceasing to participate in, any voluntary, optional, special, or emergency program offered by the United States Government, including without limitation programs offered under the Social Security Act, the Federal Unemployment Tax Act, the Wagner-Peyser Act, the Federal-State Extended Unemployment Compensation Act of 1970, the Coronavirus Aid, Relief, and Economic Security Act, or any other federal program enacted to address exceptional unemployment conditions; or (2) Conflict with § 11-10-105 or § 11-10-311 . Amended by Act 2021EX1, No. 2,§ 3, eff. 8/6/2021, app. retroactively to May 19, 2021. Amended by Act 2021EX1, No. 1,§ 3, eff. 8/6/2021, app. retroactively to May 19, 2021. Amended by Act 2019, No. 315,§ 812, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 199, eff. 7/1/2019. Amended by Act 2019, No. 382,§ 3, eff. 7/24/2019. Acts 1941, No. 391, § 11; 1971, No. 35, § 17; 1985, No. 8, § 16; 1985, No. 9, § 16; A.S.A. 1947, § 81-1114.

(a) In the administration of this chapter, the Director of the Division of Workforce Services shall cooperate with the United States Department of Labor to the fullest extent consistent with this chapter and may take such action, through the adoption of such appropriate rules, administrative methods, and standards as may be necessary to secure to this state and its citizens all advantages available under the Social Security Act that relate to unemployment compensation, the Federal Unemployment Tax Act, the Wagner-Peyser Act, and the Federal-State Extended Unemployment Compensation Act of 1970.

(b) In the administration of §§ 11-10-534 - 11-10-543 , which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the director may take such action as may be necessary to: (1) Ensure that the provisions are so interpreted and applied as to meet the requirements of the federal act referred to in this subsection as interpreted by the United States Department of Labor; and (2) To the extent benefits do not conflict with § 11-10-311 and to the extent the director in his or her discretion deems it necessary, secure to this state the full reimbursement of the federal share of extended benefits paid under this chapter that are reimbursable under the federal act referred to in this subsection.

(1) Ensure that the provisions are so interpreted and applied as to meet the requirements of the federal act referred to in this subsection as interpreted by the United States Department of Labor; and

(2) To the extent benefits do not conflict with § 11-10-311 and to the extent the director in his or her discretion deems it necessary, secure to this state the full reimbursement of the federal share of extended benefits paid under this chapter that are reimbursable under the federal act referred to in this subsection.

(c) This section does not: (1) Require the director to participate in, nor preclude the director from ceasing to participate in, any voluntary, optional, special, or emergency program offered by the United States Government, including without limitation programs offered under the Social Security Act, the Federal Unemployment Tax Act, the Wagner-Peyser Act, the Federal-State Extended Unemployment Compensation Act of 1970, the Coronavirus Aid, Relief, and Economic Security Act, or any other federal program enacted to address exceptional unemployment conditions; or (2) Conflict with § 11-10-105 or § 11-10-311 .

(1) Require the director to participate in, nor preclude the director from ceasing to participate in, any voluntary, optional, special, or emergency program offered by the United States Government, including without limitation programs offered under the Social Security Act, the Federal Unemployment Tax Act, the Wagner-Peyser Act, the Federal-State Extended Unemployment Compensation Act of 1970, the Coronavirus Aid, Relief, and Economic Security Act, or any other federal program enacted to address exceptional unemployment conditions; or

(2) Conflict with § 11-10-105 or § 11-10-311 .

Amended by Act 2021EX1, No. 2,§ 3, eff. 8/6/2021, app. retroactively to May 19, 2021.

Amended by Act 2021EX1, No. 1,§ 3, eff. 8/6/2021, app. retroactively to May 19, 2021.

Amended by Act 2019, No. 315,§ 812, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 199, eff. 7/1/2019.

Amended by Act 2019, No. 382,§ 3, eff. 7/24/2019.

Acts 1941, No. 391, § 11; 1971, No. 35, § 17; 1985, No. 8, § 16; 1985, No. 9, § 16; A.S.A. 1947, § 81-1114.
Ark. Code Ann. § 11-9-806 — AR Code / Title 11 / Chapter 9 / Subchapter 8 / Section 11-9-806
Disputed source of benefits
Status: in_force

(a) In any case where an employer changes insurance carriers or where the employer having been self-insured, becomes insured or, having been insured, is approved to be self-insured, and the only dispute in a claim against that employer is the proper source of payment of benefits, the Workers' Compensation Commission shall direct that the appropriate compensation benefits be paid on an equal basis by the carriers or self-insured employer. (b) Upon eventual resolution of the issue, the prevailing respondent shall be entitled to reimbursement from the other respondent of all moneys paid together with interest at the legal rate from the date of payment. Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1981, No. 290, § 9; A.S.A. 1947, § 81-1319.

(a) In any case where an employer changes insurance carriers or where the employer having been self-insured, becomes insured or, having been insured, is approved to be self-insured, and the only dispute in a claim against that employer is the proper source of payment of benefits, the Workers' Compensation Commission shall direct that the appropriate compensation benefits be paid on an equal basis by the carriers or self-insured employer.

(b) Upon eventual resolution of the issue, the prevailing respondent shall be entitled to reimbursement from the other respondent of all moneys paid together with interest at the legal rate from the date of payment.

Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1981, No. 290, § 9; A.S.A. 1947, § 81-1319.
Ark. Code Ann. § 11-4-216 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-216
Posting of law
Status: in_force

(a) Every employer subject to any provisions of this subchapter or of any rules issued under this subchapter shall keep a summary of this subchapter, approved by the Director of the Division of Labor, and copies of any applicable rules issued under this subchapter, or a summary of the rules approved by the director, posted in a conspicuous and accessible place in or about the premises wherein any person subject thereto is employed. (b) Employers shall be furnished copies of the summaries of this statute and rules by the director on request without charge. Amended by Act 2019, No. 315,§ 764, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5317, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 25, § 9; A.S.A. 1947, § 81-327; Acts 2001, No. 1423, § 8.

(a) Every employer subject to any provisions of this subchapter or of any rules issued under this subchapter shall keep a summary of this subchapter, approved by the Director of the Division of Labor, and copies of any applicable rules issued under this subchapter, or a summary of the rules approved by the director, posted in a conspicuous and accessible place in or about the premises wherein any person subject thereto is employed.

(b) Employers shall be furnished copies of the summaries of this statute and rules by the director on request without charge.

Amended by Act 2019, No. 315,§ 764, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5317, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 25, § 9; A.S.A. 1947, § 81-327; Acts 2001, No. 1423, § 8.
Ark. Code Ann. § 11-9-516 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-516
Medical services and supplies - Information furnished by provider
Status: in_force

(a) (1) Every hospital or other person furnishing the injured employee with medical services shall permit its records to be copied by and shall furnish full written information to the Workers' Compensation Commission, the Workers' Compensation Fraud Investigation Unit, the employer, the carrier, and the employee or the employee's dependents. (2) The reasonable cost of copies as set forth in Workers' Compensation Commission Rule 30 shall be paid by the one requesting them to the healthcare or medical service provider furnishing them. (b) No person who in good faith pursuant to subsection (a) of this section or pursuant to rules established by the commission reports medical information shall incur legal liability for the disclosure of the information. Amended by Act 2019, No. 315,§ 793, eff. 7/24/2019. Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1979, No. 253, § 3; 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311; Acts 1993, No. 796, § 21.

(a) (1) Every hospital or other person furnishing the injured employee with medical services shall permit its records to be copied by and shall furnish full written information to the Workers' Compensation Commission, the Workers' Compensation Fraud Investigation Unit, the employer, the carrier, and the employee or the employee's dependents. (2) The reasonable cost of copies as set forth in Workers' Compensation Commission Rule 30 shall be paid by the one requesting them to the healthcare or medical service provider furnishing them.

(1) Every hospital or other person furnishing the injured employee with medical services shall permit its records to be copied by and shall furnish full written information to the Workers' Compensation Commission, the Workers' Compensation Fraud Investigation Unit, the employer, the carrier, and the employee or the employee's dependents.

(2) The reasonable cost of copies as set forth in Workers' Compensation Commission Rule 30 shall be paid by the one requesting them to the healthcare or medical service provider furnishing them.

(b) No person who in good faith pursuant to subsection (a) of this section or pursuant to rules established by the commission reports medical information shall incur legal liability for the disclosure of the information.

Amended by Act 2019, No. 315,§ 793, eff. 7/24/2019.

Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1979, No. 253, § 3; 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311; Acts 1993, No. 796, § 21.
Ark. Code Ann. § 11-10-219 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-219
Computation date
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, "computation date" means June 30 of the preceding calendar year. Acts 1941, No. 391, § 2; 1963, No. 93, § 3; A.S.A. 1947, § 81-1103.

As used in this chapter, unless the context clearly requires otherwise, "computation date" means June 30 of the preceding calendar year.

Acts 1941, No. 391, § 2; 1963, No. 93, § 3; A.S.A. 1947, § 81-1103.
Ark. Code Ann. § 11-10-607 — AR Code / Title 11 / Chapter 10 / Subchapter 6 / Section 11-10-607
Revocation of approval
Status: in_force

(a) (1) The Director of the Division of Workforce Services may revoke approval of a plan for good cause. (2) The revocation order shall be in writing and shall specify the date the revocation is effective and the reasons therefor. (3) Good cause shall include, but not be limited to, failure to comply with the assurances given in the plan, unreasonable revision of productivity standards for the affected group, conduct or occurrences tending to defeat the intent and effective operation of the plan, and violation of any criteria on which approval of the plan was based. (b) The action may be taken at any time by the director on his or her own motion, on the motion of any of the affected group's employees, or on the motion of the appropriate collective bargaining agent. (c) However, the director shall review the operation of each qualified employer plan at least once during the twelve-month period that the plan is in effect to assure its compliance with the requirements of these provisions. (d) Revocation of a plan for good cause by the director shall preclude approval of any subsequent plan submitted by the revoked plan employer during the twelve-month period beginning on the date of the revocation order. Amended by Act 2019, No. 910,§ 279, eff. 7/1/2019. Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1987, No. 753, § 10; 1991, No. 100, § 39.

(a) (1) The Director of the Division of Workforce Services may revoke approval of a plan for good cause. (2) The revocation order shall be in writing and shall specify the date the revocation is effective and the reasons therefor. (3) Good cause shall include, but not be limited to, failure to comply with the assurances given in the plan, unreasonable revision of productivity standards for the affected group, conduct or occurrences tending to defeat the intent and effective operation of the plan, and violation of any criteria on which approval of the plan was based.

(1) The Director of the Division of Workforce Services may revoke approval of a plan for good cause.

(2) The revocation order shall be in writing and shall specify the date the revocation is effective and the reasons therefor.

(3) Good cause shall include, but not be limited to, failure to comply with the assurances given in the plan, unreasonable revision of productivity standards for the affected group, conduct or occurrences tending to defeat the intent and effective operation of the plan, and violation of any criteria on which approval of the plan was based.

(b) The action may be taken at any time by the director on his or her own motion, on the motion of any of the affected group's employees, or on the motion of the appropriate collective bargaining agent.

(c) However, the director shall review the operation of each qualified employer plan at least once during the twelve-month period that the plan is in effect to assure its compliance with the requirements of these provisions.

(d) Revocation of a plan for good cause by the director shall preclude approval of any subsequent plan submitted by the revoked plan employer during the twelve-month period beginning on the date of the revocation order.

Amended by Act 2019, No. 910,§ 279, eff. 7/1/2019.

Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1987, No. 753, § 10; 1991, No. 100, § 39.
Ark. Code Ann. § 11-7-408 — AR Code / Title 11 / Chapter 7 / Subchapter 4 / Section 11-7-408
Penalty for violation of section 11-7-401 and sections 11-7-403 - 11-7-407
Status: in_force

(a) Any owner, operator, lessee, or agent of any coal mine in the State of Arkansas violating any of the provisions of § 11-7-401 and §§ 11-7-403 - 11-7-407 shall be deemed guilty of a misdemeanor. (b) Upon conviction, he or she shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100) or be imprisoned in the county jail not exceeding one (1) year, or both. Acts 1919, No. 486, § 9; C. & M. Dig., § 7325; Pope's Dig., § 9381; A.S.A. 1947, § 52-509.

(a) Any owner, operator, lessee, or agent of any coal mine in the State of Arkansas violating any of the provisions of § 11-7-401 and §§ 11-7-403 - 11-7-407 shall be deemed guilty of a misdemeanor.

(b) Upon conviction, he or she shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100) or be imprisoned in the county jail not exceeding one (1) year, or both.

Acts 1919, No. 486, § 9; C. & M. Dig., § 7325; Pope's Dig., § 9381; A.S.A. 1947, § 52-509.
Ark. Code Ann. § 11-13-111 — AR Code / Title 11 / Chapter 13 / Section 11-13-111
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013. Acts 1993, No. 1232, § 13.

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

Acts 1993, No. 1232, § 13.
Ark. Code Ann. § 11-10-319 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-319
Representation in court
Status: in_force

(a) Civil Actions. In any civil action to enforce the provisions of this chapter, the Director of the Division of Workforce Services, the Board of Review, and the state may be represented by any qualified attorney who is employed by the director and is designated by him or her for this purpose or at the director's request by the Attorney General. (b) Criminal Actions. All criminal actions for violations of any provisions of this chapter, or any rule issued pursuant thereto, shall be prosecuted by the Attorney General of the state, or by the prosecuting attorney of the county in which the violation occurred. Amended by Act 2019, No. 315,§ 816, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 225, eff. 7/1/2019. Acts 1941, No. 391, § 17; 1943, No. 138, § 22; 1963, No. 93, § 11; A.S.A. 1947, § 81-1120.

(a) Civil Actions. In any civil action to enforce the provisions of this chapter, the Director of the Division of Workforce Services, the Board of Review, and the state may be represented by any qualified attorney who is employed by the director and is designated by him or her for this purpose or at the director's request by the Attorney General.

(b) Criminal Actions. All criminal actions for violations of any provisions of this chapter, or any rule issued pursuant thereto, shall be prosecuted by the Attorney General of the state, or by the prosecuting attorney of the county in which the violation occurred.

Amended by Act 2019, No. 315,§ 816, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 225, eff. 7/1/2019.

Acts 1941, No. 391, § 17; 1943, No. 138, § 22; 1963, No. 93, § 11; A.S.A. 1947, § 81-1120.
Ark. Code Ann. § 11-11-101 — AR Code / Title 11 / Chapter 11 / Subchapter 1 / Section 11-11-101
Recruitment of labor by foreign labor agents
Status: in_force

(a) No foreign labor agent, labor bureau or employment agency, or any other person shall enter this state and attempt to hire, induce, or take from this state any labor, singularly or in groups, for any purpose, whether or not a fee or charge is extracted from the worker, without first applying to the Director of the Division of Labor for a license to do so and filing with the director: (1) A statement as to where the labor is to be taken, for what purpose, for what length of time, and whether transportation is to be paid to and from the destination, if temporary; (2) A statement of the financial standing of the employer desiring the labor; (3) An affidavit of authority to represent the employer in this state; and (4) Whatever other information the director may require. (b) (1) The director shall determine whether the person desiring the labor from this state is a labor agent, labor bureau, or employment agency and, if so, whether the applicant is qualified to be licensed under the laws of this state and according to the provisions of this section. (2) The director, after the investigation, may refuse to license or register the applicant until the applicant has complied with the provisions of this section. (3) The applicant shall, in the event of unfavorable action by the director, have the right of appeal to the proper court. (c) This section is cumulative to all existing laws affecting the hiring or employment of labor. Amended by Act 2019, No. 910,§ 5367, eff. 7/1/2019. Acts 1949, No. 272, §§ 1, 2; A.S.A. 1947, §§ 81-1011, 81-1012.

(a) No foreign labor agent, labor bureau or employment agency, or any other person shall enter this state and attempt to hire, induce, or take from this state any labor, singularly or in groups, for any purpose, whether or not a fee or charge is extracted from the worker, without first applying to the Director of the Division of Labor for a license to do so and filing with the director: (1) A statement as to where the labor is to be taken, for what purpose, for what length of time, and whether transportation is to be paid to and from the destination, if temporary; (2) A statement of the financial standing of the employer desiring the labor; (3) An affidavit of authority to represent the employer in this state; and (4) Whatever other information the director may require.

(1) A statement as to where the labor is to be taken, for what purpose, for what length of time, and whether transportation is to be paid to and from the destination, if temporary;

(2) A statement of the financial standing of the employer desiring the labor;

(3) An affidavit of authority to represent the employer in this state; and

(4) Whatever other information the director may require.

(b) (1) The director shall determine whether the person desiring the labor from this state is a labor agent, labor bureau, or employment agency and, if so, whether the applicant is qualified to be licensed under the laws of this state and according to the provisions of this section. (2) The director, after the investigation, may refuse to license or register the applicant until the applicant has complied with the provisions of this section. (3) The applicant shall, in the event of unfavorable action by the director, have the right of appeal to the proper court.

(1) The director shall determine whether the person desiring the labor from this state is a labor agent, labor bureau, or employment agency and, if so, whether the applicant is qualified to be licensed under the laws of this state and according to the provisions of this section.

(2) The director, after the investigation, may refuse to license or register the applicant until the applicant has complied with the provisions of this section.

(3) The applicant shall, in the event of unfavorable action by the director, have the right of appeal to the proper court.

(c) This section is cumulative to all existing laws affecting the hiring or employment of labor.

Amended by Act 2019, No. 910,§ 5367, eff. 7/1/2019.

Acts 1949, No. 272, §§ 1, 2; A.S.A. 1947, §§ 81-1011, 81-1012.
Ark. Code Ann. § 11-9-503 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-503
Violation of safety provisions
Status: in_force

(a) (1) Notwithstanding any other definition of extra-hazardous employer as provided by § 11-9-409(c) , any employer who fails to utilize the consultative safety services available through the Division of Labor, its own insurance carrier, or a private safety consultant shall be identified as an extra-hazardous employer if it is established by a preponderance of the evidence that an injury or death is caused in substantial part by the failure of the employer to comply with any Arkansas statute or official rule pertaining to the health or safety of employees or fails to follow safety consultant recommendations. (2) When so notified, the employer shall comply with § 11-9-409(c)(2) -(8). (b) Provided, if it is established by a preponderance of the evidence that the employee is injured as a result of the employee's violation of the employer's safety rules or instructions, the provisions of this section shall not apply. Amended by Act 2019, No. 315,§ 788, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5366, eff. 7/1/2019. 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 1975 (Extended Sess., 1976), No. 1227, § 5; 1979, No. 253, § 2; 1981, No. 290, § 2; 1986 (2nd Ex. Sess.), No. 10, § 2; A.S.A. 1947, § 81-1310; reen. Acts 1987, No. 1015, § 5; Acts 1993, No. 796, § 16.

(a) (1) Notwithstanding any other definition of extra-hazardous employer as provided by § 11-9-409(c) , any employer who fails to utilize the consultative safety services available through the Division of Labor, its own insurance carrier, or a private safety consultant shall be identified as an extra-hazardous employer if it is established by a preponderance of the evidence that an injury or death is caused in substantial part by the failure of the employer to comply with any Arkansas statute or official rule pertaining to the health or safety of employees or fails to follow safety consultant recommendations. (2) When so notified, the employer shall comply with § 11-9-409(c)(2) -(8).

(1) Notwithstanding any other definition of extra-hazardous employer as provided by § 11-9-409(c) , any employer who fails to utilize the consultative safety services available through the Division of Labor, its own insurance carrier, or a private safety consultant shall be identified as an extra-hazardous employer if it is established by a preponderance of the evidence that an injury or death is caused in substantial part by the failure of the employer to comply with any Arkansas statute or official rule pertaining to the health or safety of employees or fails to follow safety consultant recommendations.

(2) When so notified, the employer shall comply with § 11-9-409(c)(2) -(8).

(b) Provided, if it is established by a preponderance of the evidence that the employee is injured as a result of the employee's violation of the employer's safety rules or instructions, the provisions of this section shall not apply.

Amended by Act 2019, No. 315,§ 788, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5366, eff. 7/1/2019.

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 1975 (Extended Sess., 1976), No. 1227, § 5; 1979, No. 253, § 2; 1981, No. 290, § 2; 1986 (2nd Ex. Sess.), No. 10, § 2; A.S.A. 1947, § 81-1310; reen. Acts 1987, No. 1015, § 5; Acts 1993, No. 796, § 16.
Ark. Code Ann. § 11-9-1001 — AR Code / Title 11 / Chapter 9 / Subchapter 10 / Section 11-9-1001
Legislative declaration
Status: in_force

The Seventy-Ninth General Assembly realizes that the Arkansas workers' compensation statutes must be revised and amended from time to time. Unfortunately, many of the changes made by this act were necessary because administrative law judges, the Workers' Compensation Commission, and the Arkansas courts have continually broadened the scope and eroded the purpose of the workers' compensation statutes of this state. The Seventy-Ninth General Assembly intends to restate that the major and controlling purpose of workers' compensation is to pay timely temporary and permanent disability benefits to all legitimately injured workers that suffer an injury or disease arising out of and in the course of their employment, to pay reasonable and necessary medical expenses resulting therefrom, and then to return the worker to the work force. When, and if, the workers' compensation statutes of this state need to be changed, the General Assembly acknowledges its responsibility to do so. It is the specific intent of the Seventy-Ninth General Assembly to repeal, annul, and hold for naught all prior opinions or decisions of any administrative law judge, the Workers' Compensation Commission, or courts of this state contrary to or in conflict with any provision in this act. In the future, if such things as the statute of limitations, the standard of review by the Workers' Compensation Commission or courts, the extent to which any physical condition, injury, or disease should be excluded from or added to coverage by the law, or the scope of the workers' compensation statutes need to be liberalized, broadened, or narrowed, those things shall be addressed by the General Assembly and should not be done by administrative law judges, the Workers' Compensation Commission, or the courts. Acts 1993, No. 796, § 35.

The Seventy-Ninth General Assembly realizes that the Arkansas workers' compensation statutes must be revised and amended from time to time. Unfortunately, many of the changes made by this act were necessary because administrative law judges, the Workers' Compensation Commission, and the Arkansas courts have continually broadened the scope and eroded the purpose of the workers' compensation statutes of this state. The Seventy-Ninth General Assembly intends to restate that the major and controlling purpose of workers' compensation is to pay timely temporary and permanent disability benefits to all legitimately injured workers that suffer an injury or disease arising out of and in the course of their employment, to pay reasonable and necessary medical expenses resulting therefrom, and then to return the worker to the work force. When, and if, the workers' compensation statutes of this state need to be changed, the General Assembly acknowledges its responsibility to do so. It is the specific intent of the Seventy-Ninth General Assembly to repeal, annul, and hold for naught all prior opinions or decisions of any administrative law judge, the Workers' Compensation Commission, or courts of this state contrary to or in conflict with any provision in this act. In the future, if such things as the statute of limitations, the standard of review by the Workers' Compensation Commission or courts, the extent to which any physical condition, injury, or disease should be excluded from or added to coverage by the law, or the scope of the workers' compensation statutes need to be liberalized, broadened, or narrowed, those things shall be addressed by the General Assembly and should not be done by administrative law judges, the Workers' Compensation Commission, or the courts.

Acts 1993, No. 796, § 35.
Ark. Code Ann. § 11-10-201 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-201
Base period
Status: in_force

(a) (1) As used in this chapter, unless the context clearly requires otherwise, "base period" means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of the benefit year. (2) For claims involving wages of several states, the base period shall be that which is applicable under the unemployment insurance laws of the paying state. (b) (1) If an individual lacks sufficient base-period wages because of a job-related injury for which he or she received workers' compensation, an extended base period will be substituted for the current base period on a quarter-by-quarter basis as needed to establish a valid claim upon written application by the claimant. (2) "Extended base period" means the four (4) quarters prior to the claimant's base period. These four (4) quarters may be substituted for base period quarters on a quarter-by-quarter basis to establish a valid claim regardless of whether the wages have been used to establish a prior claim, except that any wages earned that would render the Division of Workforce Services out of compliance with applicable federal law will be excluded if used in a prior claim. (3) Benefits paid on the basis of an extended base period, which would not otherwise be payable, shall be noncharged. (c) (1) Beginning with initial claims filed on July 1, 2009, and thereafter, if an individual lacks sufficient base-period wages, an alternate base period shall be substituted for the current base period. (2) "Alternate base period" means the four (4) completed calendar quarters immediately preceding the first day of that benefit year. Amended by Act 2019, No. 910,§ 178, eff. 7/1/2019. Acts 1941, No. 391, § 2; 1947, No. 398, § 1; 1973, No. 350, § 1; A.S.A. 1947, § 81-1103; Acts 1997, No. 234, § 2; 2009, No. 802, § 1.

(a) (1) As used in this chapter, unless the context clearly requires otherwise, "base period" means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of the benefit year. (2) For claims involving wages of several states, the base period shall be that which is applicable under the unemployment insurance laws of the paying state.

(1) As used in this chapter, unless the context clearly requires otherwise, "base period" means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of the benefit year.

(2) For claims involving wages of several states, the base period shall be that which is applicable under the unemployment insurance laws of the paying state.

(b) (1) If an individual lacks sufficient base-period wages because of a job-related injury for which he or she received workers' compensation, an extended base period will be substituted for the current base period on a quarter-by-quarter basis as needed to establish a valid claim upon written application by the claimant. (2) "Extended base period" means the four (4) quarters prior to the claimant's base period. These four (4) quarters may be substituted for base period quarters on a quarter-by-quarter basis to establish a valid claim regardless of whether the wages have been used to establish a prior claim, except that any wages earned that would render the Division of Workforce Services out of compliance with applicable federal law will be excluded if used in a prior claim. (3) Benefits paid on the basis of an extended base period, which would not otherwise be payable, shall be noncharged.

(1) If an individual lacks sufficient base-period wages because of a job-related injury for which he or she received workers' compensation, an extended base period will be substituted for the current base period on a quarter-by-quarter basis as needed to establish a valid claim upon written application by the claimant.

(2) "Extended base period" means the four (4) quarters prior to the claimant's base period. These four (4) quarters may be substituted for base period quarters on a quarter-by-quarter basis to establish a valid claim regardless of whether the wages have been used to establish a prior claim, except that any wages earned that would render the Division of Workforce Services out of compliance with applicable federal law will be excluded if used in a prior claim.

(3) Benefits paid on the basis of an extended base period, which would not otherwise be payable, shall be noncharged.

(c) (1) Beginning with initial claims filed on July 1, 2009, and thereafter, if an individual lacks sufficient base-period wages, an alternate base period shall be substituted for the current base period. (2) "Alternate base period" means the four (4) completed calendar quarters immediately preceding the first day of that benefit year.

(1) Beginning with initial claims filed on July 1, 2009, and thereafter, if an individual lacks sufficient base-period wages, an alternate base period shall be substituted for the current base period.

(2) "Alternate base period" means the four (4) completed calendar quarters immediately preceding the first day of that benefit year.

Amended by Act 2019, No. 910,§ 178, eff. 7/1/2019.

Acts 1941, No. 391, § 2; 1947, No. 398, § 1; 1973, No. 350, § 1; A.S.A. 1947, § 81-1103; Acts 1997, No. 234, § 2; 2009, No. 802, § 1.
Ark. Code Ann. § 11-11-204 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-204
Director and division - Powers and duties
Status: in_force

(a) It shall be the duty of the Division of Labor, and it shall have the power, jurisdiction, and authority to administer and enforce the provisions of this subchapter. (b) The Director of the Division of Labor shall have the power, jurisdiction, and authority to issue licenses to employment agencies, agency managers, and counselors and to refuse to issue, revoke, or suspend the licenses when, after due investigation, and in compliance with the procedures set forth in §§ 11-11-221 and 11-11-222 , the director finds that the applicant is for good and sufficient cause unfit to be an employment agent, agency manager, or counselor within the meaning of this subchapter or any rules or orders lawfully promulgated under this subchapter. (c) (1) Complaints against any person, employment agent, agency manager, or counselor may be made to the division orally or in writing. (2) The director shall have the power to compel attendance of witnesses by issuance of subpoenas, administer oaths, direct production of documents and records, and direct taking of testimony and evidence concerning all matters within the jurisdiction of the division. (3) The director may order testimony to be taken by deposition in any proceeding pending before the division at any stage of the proceeding. (4) The director or his or her duly authorized agent shall at all reasonable times have access to, for the purpose of examination and copying, the books, records, papers, and documents of any person being investigated or proceeded against under the provisions of this subchapter, so long as the books, records, papers, or documents sought to be inspected or copied are reasonably related to the investigation or proceeding being conducted by the director. (5) The director or his or her authorized agent shall, upon application of any party to proceedings before the director, issue to the party subpoenas requiring the attendance and testimony of witnesses or the production of any books, records, papers, or documents reasonably related to issues involved in proceedings before the director or an investigation conducted by the director. (6) If any person in proceedings before the director or in investigations conducted by the director disobeys or resists any lawful order or process issued by the director or his or her authorized agents, or fails to produce, after being lawfully directed to do so, any book, paper, record, or document, or refuses to appear and testify after being subpoenaed to do so, the director shall certify the facts to any court of competent jurisdiction in the state or to the Pulaski County Circuit Court. (7) The court shall have authority to conduct hearings and punish any person for failure or refusal to testify or produce books, papers, documents, or records subpoenaed or ordered by the director as though the conduct constituted contempt of court. (8) Witnesses summoned by the director or his or her authorized agent shall be paid the same fees and mileage paid to witnesses in the courts of this state. (d) (1) The director may prescribe such rules for the conduct of the business of private employment agencies as necessary to implement this subchapter. (2) These rules shall have the force and effect of law and shall be enforced by the director in the same manner as the provisions of this subchapter. (3) Adoption of rules pursuant to this subsection shall be carried out in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (e) The division shall have authority to investigate employment agents, agency managers, and counselors. The division shall have the right to examine records required by law to be kept and maintained by employment agents, agency managers, and counselors and to examine the offices where the business is or shall be conducted by them. (f) The division may seek to recover in a court of competent jurisdiction fees charged or collected in violation of this subchapter. Amended by Act 2019, No. 315,§ 837, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 836, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 835, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5370, eff. 7/1/2019. Acts 1975, No. 493, § 9; A.S.A. 1947, § 81-1021; Acts 2007, No. 827, § 126; 2009, No. 405, § 1.

(a) It shall be the duty of the Division of Labor, and it shall have the power, jurisdiction, and authority to administer and enforce the provisions of this subchapter.

(b) The Director of the Division of Labor shall have the power, jurisdiction, and authority to issue licenses to employment agencies, agency managers, and counselors and to refuse to issue, revoke, or suspend the licenses when, after due investigation, and in compliance with the procedures set forth in §§ 11-11-221 and 11-11-222 , the director finds that the applicant is for good and sufficient cause unfit to be an employment agent, agency manager, or counselor within the meaning of this subchapter or any rules or orders lawfully promulgated under this subchapter.

(c) (1) Complaints against any person, employment agent, agency manager, or counselor may be made to the division orally or in writing. (2) The director shall have the power to compel attendance of witnesses by issuance of subpoenas, administer oaths, direct production of documents and records, and direct taking of testimony and evidence concerning all matters within the jurisdiction of the division. (3) The director may order testimony to be taken by deposition in any proceeding pending before the division at any stage of the proceeding. (4) The director or his or her duly authorized agent shall at all reasonable times have access to, for the purpose of examination and copying, the books, records, papers, and documents of any person being investigated or proceeded against under the provisions of this subchapter, so long as the books, records, papers, or documents sought to be inspected or copied are reasonably related to the investigation or proceeding being conducted by the director. (5) The director or his or her authorized agent shall, upon application of any party to proceedings before the director, issue to the party subpoenas requiring the attendance and testimony of witnesses or the production of any books, records, papers, or documents reasonably related to issues involved in proceedings before the director or an investigation conducted by the director. (6) If any person in proceedings before the director or in investigations conducted by the director disobeys or resists any lawful order or process issued by the director or his or her authorized agents, or fails to produce, after being lawfully directed to do so, any book, paper, record, or document, or refuses to appear and testify after being subpoenaed to do so, the director shall certify the facts to any court of competent jurisdiction in the state or to the Pulaski County Circuit Court. (7) The court shall have authority to conduct hearings and punish any person for failure or refusal to testify or produce books, papers, documents, or records subpoenaed or ordered by the director as though the conduct constituted contempt of court. (8) Witnesses summoned by the director or his or her authorized agent shall be paid the same fees and mileage paid to witnesses in the courts of this state.

(1) Complaints against any person, employment agent, agency manager, or counselor may be made to the division orally or in writing.

(2) The director shall have the power to compel attendance of witnesses by issuance of subpoenas, administer oaths, direct production of documents and records, and direct taking of testimony and evidence concerning all matters within the jurisdiction of the division.

(3) The director may order testimony to be taken by deposition in any proceeding pending before the division at any stage of the proceeding.

(4) The director or his or her duly authorized agent shall at all reasonable times have access to, for the purpose of examination and copying, the books, records, papers, and documents of any person being investigated or proceeded against under the provisions of this subchapter, so long as the books, records, papers, or documents sought to be inspected or copied are reasonably related to the investigation or proceeding being conducted by the director.

(5) The director or his or her authorized agent shall, upon application of any party to proceedings before the director, issue to the party subpoenas requiring the attendance and testimony of witnesses or the production of any books, records, papers, or documents reasonably related to issues involved in proceedings before the director or an investigation conducted by the director.

(6) If any person in proceedings before the director or in investigations conducted by the director disobeys or resists any lawful order or process issued by the director or his or her authorized agents, or fails to produce, after being lawfully directed to do so, any book, paper, record, or document, or refuses to appear and testify after being subpoenaed to do so, the director shall certify the facts to any court of competent jurisdiction in the state or to the Pulaski County Circuit Court.

(7) The court shall have authority to conduct hearings and punish any person for failure or refusal to testify or produce books, papers, documents, or records subpoenaed or ordered by the director as though the conduct constituted contempt of court.

(8) Witnesses summoned by the director or his or her authorized agent shall be paid the same fees and mileage paid to witnesses in the courts of this state.

(d) (1) The director may prescribe such rules for the conduct of the business of private employment agencies as necessary to implement this subchapter. (2) These rules shall have the force and effect of law and shall be enforced by the director in the same manner as the provisions of this subchapter. (3) Adoption of rules pursuant to this subsection shall be carried out in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The director may prescribe such rules for the conduct of the business of private employment agencies as necessary to implement this subchapter.

(2) These rules shall have the force and effect of law and shall be enforced by the director in the same manner as the provisions of this subchapter.

(3) Adoption of rules pursuant to this subsection shall be carried out in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(e) The division shall have authority to investigate employment agents, agency managers, and counselors. The division shall have the right to examine records required by law to be kept and maintained by employment agents, agency managers, and counselors and to examine the offices where the business is or shall be conducted by them.

(f) The division may seek to recover in a court of competent jurisdiction fees charged or collected in violation of this subchapter.

Amended by Act 2019, No. 315,§ 837, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 836, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 835, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5370, eff. 7/1/2019.

Acts 1975, No. 493, § 9; A.S.A. 1947, § 81-1021; Acts 2007, No. 827, § 126; 2009, No. 405, § 1.
Ark. Code Ann. § 11-3-401 — AR Code / Title 11 / Chapter 3 / Subchapter 4 / Section 11-3-401
Prevention of lawful employment prohibited
Status: in_force

(a) (1) It shall be unlawful for any person by the use or threat of the use of force or violence to prevent or attempt to prevent any person from engaging in any lawful vocation within this state. (2) Any person guilty of violating this subsection shall be deemed guilty of a felony and upon conviction shall be punished by confinement in the Department of Corrections for not less than one (1) year nor more than two (2) years. (b) (1) It shall be unlawful for any person acting in concert with one (1) or more other persons to assemble at or near any place where a labor dispute exists and by force or violence prevent or attempt to prevent any person from engaging in any lawful vocation. (2) It shall also be unlawful for any person acting either by himself or herself or as a member of any group or organization or acting in concert with one (1) or more other persons to promote, encourage, or aid any such unlawful assemblage. (3) Any person guilty of violating this subsection shall be deemed guilty of a felony and upon conviction thereof shall be punished by confinement in the Department of Corrections for not less than one (1) year nor more than two (2) years. (c) The term "labor dispute" as used in this section shall include any controversy between an employer and two (2) or more employees concerning the terms or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment. (d) The provisions of this section shall be cumulative of all other existing criminal laws of this state upon the same subject, and in the event of a conflict between existing articles and the provisions of this section, then and in that event, the provisions, offenses, and punishments set forth herein shall prevail over the existing articles. Amended by Act 2019, No. 910,§ 695, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 694, eff. 7/1/2019. Acts 1943, No. 193, §§ 1-4; A.S.A. 1947, §§ 81-206 -- 81-209.

(a) (1) It shall be unlawful for any person by the use or threat of the use of force or violence to prevent or attempt to prevent any person from engaging in any lawful vocation within this state. (2) Any person guilty of violating this subsection shall be deemed guilty of a felony and upon conviction shall be punished by confinement in the Department of Corrections for not less than one (1) year nor more than two (2) years.

(1) It shall be unlawful for any person by the use or threat of the use of force or violence to prevent or attempt to prevent any person from engaging in any lawful vocation within this state.

(2) Any person guilty of violating this subsection shall be deemed guilty of a felony and upon conviction shall be punished by confinement in the Department of Corrections for not less than one (1) year nor more than two (2) years.

(b) (1) It shall be unlawful for any person acting in concert with one (1) or more other persons to assemble at or near any place where a labor dispute exists and by force or violence prevent or attempt to prevent any person from engaging in any lawful vocation. (2) It shall also be unlawful for any person acting either by himself or herself or as a member of any group or organization or acting in concert with one (1) or more other persons to promote, encourage, or aid any such unlawful assemblage. (3) Any person guilty of violating this subsection shall be deemed guilty of a felony and upon conviction thereof shall be punished by confinement in the Department of Corrections for not less than one (1) year nor more than two (2) years.

(1) It shall be unlawful for any person acting in concert with one (1) or more other persons to assemble at or near any place where a labor dispute exists and by force or violence prevent or attempt to prevent any person from engaging in any lawful vocation.

(2) It shall also be unlawful for any person acting either by himself or herself or as a member of any group or organization or acting in concert with one (1) or more other persons to promote, encourage, or aid any such unlawful assemblage.

(3) Any person guilty of violating this subsection shall be deemed guilty of a felony and upon conviction thereof shall be punished by confinement in the Department of Corrections for not less than one (1) year nor more than two (2) years.

(c) The term "labor dispute" as used in this section shall include any controversy between an employer and two (2) or more employees concerning the terms or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment.

(d) The provisions of this section shall be cumulative of all other existing criminal laws of this state upon the same subject, and in the event of a conflict between existing articles and the provisions of this section, then and in that event, the provisions, offenses, and punishments set forth herein shall prevail over the existing articles.

Amended by Act 2019, No. 910,§ 695, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 694, eff. 7/1/2019.

Acts 1943, No. 193, §§ 1-4; A.S.A. 1947, §§ 81-206 -- 81-209.
Ark. Code Ann. § 11-2-116 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-116
Entry and inspection of workplace, etc
Status: in_force

(a) The Director of the Division of Labor and his or her authorized representatives shall have the power and authority to enter any place of employment, place of public assembly, or public building for the purpose of collecting facts and statistics relating to the employment of workers and of making inspections for the proper enforcement of all labor laws of the state. (b) No employer or owner shall refuse to admit the director or his or her authorized representatives to his or her place of employment, public building, or place of public assembly. Amended by Act 2019, No. 910,§ 5293, eff. 7/1/2019. Acts 1937, No. 161, § 16; Pope's Dig., § 8512; A.S.A. 1947, § 81-115.

(a) The Director of the Division of Labor and his or her authorized representatives shall have the power and authority to enter any place of employment, place of public assembly, or public building for the purpose of collecting facts and statistics relating to the employment of workers and of making inspections for the proper enforcement of all labor laws of the state.

(b) No employer or owner shall refuse to admit the director or his or her authorized representatives to his or her place of employment, public building, or place of public assembly.

Amended by Act 2019, No. 910,§ 5293, eff. 7/1/2019.

Acts 1937, No. 161, § 16; Pope's Dig., § 8512; A.S.A. 1947, § 81-115.
Ark. Code Ann. § 11-10-102 — AR Code / Title 11 / Chapter 10 / Subchapter 1 / Section 11-10-102
Policy
Status: in_force

As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: (1) Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state. Involuntary unemployment is a subject of general interest and concern which requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which may fall with crushing force upon the unemployed worker and his or her family. The achievement of social security requires protection against this great hazard of our economic life. (2) This can be accomplished by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment from which benefits may be paid for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. (3) The General Assembly, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police power of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own. Acts 1941, No. 391, preamble; 1949, No. 155, preamble; A.S.A. 1947, § 81-1101.

As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows:

(1) Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state. Involuntary unemployment is a subject of general interest and concern which requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which may fall with crushing force upon the unemployed worker and his or her family. The achievement of social security requires protection against this great hazard of our economic life.

(2) This can be accomplished by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment from which benefits may be paid for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance.

(3) The General Assembly, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police power of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.

Acts 1941, No. 391, preamble; 1949, No. 155, preamble; A.S.A. 1947, § 81-1101.
Ark. Code Ann. § 11-10-541 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-541
Extended benefits - Overpayments
Status: in_force

The Director of the Division of Workforce Services shall establish and recover extended benefit overpayments in the manner prescribed in § 11-10-532 . Amended by Act 2019, No. 910,§ 269, eff. 7/1/2019. Acts 1971, No. 35, § 21; 1977, No. 366, § 10; 1981, No. 43, § 17; A.S.A. 1947, § 81-1124.

The Director of the Division of Workforce Services shall establish and recover extended benefit overpayments in the manner prescribed in § 11-10-532 .

Amended by Act 2019, No. 910,§ 269, eff. 7/1/2019.

Acts 1971, No. 35, § 21; 1977, No. 366, § 10; 1981, No. 43, § 17; A.S.A. 1947, § 81-1124.
Ark. Code Ann. § 11-5-109 — AR Code / Title 11 / Chapter 5 / Subchapter 1 / Section 11-5-109
Order to correct conditions - Conclusiveness - Action to set aside
Status: in_force

(a) The findings and orders shall be prima facie valid, reasonable, and just and shall be conclusive unless attacked and set aside in the manner provided in subsections (b) and (c) of this section. (b) (1) The owner or owners, manager, superintendent, or other person in control or management of any place or establishment covered by this chapter, and directly affected by any finding or order provided for in §§ 11-5-107 and 11-5-108 , may, within fifteen (15) days from the date of the delivery to him, her, or them of a copy of the order as provided for in §§ 11-5-107 and 11-5-108 , file a petition setting forth the particular cause of objection to the order and findings in a court of competent jurisdiction against the Director of the Division of Labor. (2) The action shall have precedence over all other causes of a different nature and shall be tried and determined as other civil causes in the court. (3) If the court is in session at the time the cause of action arises, the suit may be filed during the term and stand ready for trial after ten (10) days' notice. (c) (1) Either party may appeal but shall not have the right to sue out a writ of error from the trial court. (2) The appeal shall at once be returnable to the proper appellate court at either of its terms and shall have precedence in the appellate court over other causes of a different nature. (d) In any trial under this section, the burden shall be upon the plaintiff to show that the findings and order complained of are illegal, unreasonable, or unjust to the plaintiff. Amended by Act 2019, No. 910,§ 5332, eff. 7/1/2019. Acts 1937, No. 323, §§ 6, 7; Pope's Dig., §§ 6474, 6475; A.S.A. 1947, §§ 81-406, 81-407.

(a) The findings and orders shall be prima facie valid, reasonable, and just and shall be conclusive unless attacked and set aside in the manner provided in subsections (b) and (c) of this section.

(b) (1) The owner or owners, manager, superintendent, or other person in control or management of any place or establishment covered by this chapter, and directly affected by any finding or order provided for in §§ 11-5-107 and 11-5-108 , may, within fifteen (15) days from the date of the delivery to him, her, or them of a copy of the order as provided for in §§ 11-5-107 and 11-5-108 , file a petition setting forth the particular cause of objection to the order and findings in a court of competent jurisdiction against the Director of the Division of Labor. (2) The action shall have precedence over all other causes of a different nature and shall be tried and determined as other civil causes in the court. (3) If the court is in session at the time the cause of action arises, the suit may be filed during the term and stand ready for trial after ten (10) days' notice.

(1) The owner or owners, manager, superintendent, or other person in control or management of any place or establishment covered by this chapter, and directly affected by any finding or order provided for in §§ 11-5-107 and 11-5-108 , may, within fifteen (15) days from the date of the delivery to him, her, or them of a copy of the order as provided for in §§ 11-5-107 and 11-5-108 , file a petition setting forth the particular cause of objection to the order and findings in a court of competent jurisdiction against the Director of the Division of Labor.

(2) The action shall have precedence over all other causes of a different nature and shall be tried and determined as other civil causes in the court.

(3) If the court is in session at the time the cause of action arises, the suit may be filed during the term and stand ready for trial after ten (10) days' notice.

(c) (1) Either party may appeal but shall not have the right to sue out a writ of error from the trial court. (2) The appeal shall at once be returnable to the proper appellate court at either of its terms and shall have precedence in the appellate court over other causes of a different nature.

(1) Either party may appeal but shall not have the right to sue out a writ of error from the trial court.

(2) The appeal shall at once be returnable to the proper appellate court at either of its terms and shall have precedence in the appellate court over other causes of a different nature.

(d) In any trial under this section, the burden shall be upon the plaintiff to show that the findings and order complained of are illegal, unreasonable, or unjust to the plaintiff.

Amended by Act 2019, No. 910,§ 5332, eff. 7/1/2019.

Acts 1937, No. 323, §§ 6, 7; Pope's Dig., §§ 6474, 6475; A.S.A. 1947, §§ 81-406, 81-407.
Ark. Code Ann. § 11-5-107 — AR Code / Title 11 / Chapter 5 / Subchapter 1 / Section 11-5-107
Inspection of working place - Findings
Status: in_force

(a) The Director of the Division of Labor or any of his or her deputies or inspectors shall have the right to enter any factory, mill, workshop, mercantile establishment, laundry, or other establishment where three (3) or more persons are employed for the purpose of making inspections and enforcing the provisions of this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 . (b) They are empowered upon finding any violation of this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 by reason of unsanitary conditions which will endanger the health of the employees therein employed, by reason of neglect to remove and prevent fumes and gases or odor injurious to employees, by reason of the failure or refusal to comply with any requirement of this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 , or by reason of the inadequacy or insufficiency of any plan, method, practice, or device employed in assumed compliance with any of the requirements of this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 to pass upon and to make a written finding as to the failure or refusal to comply with any requirement of this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 or as to adequacy or sufficiency of any practice, plan, or method used in or about any place mentioned in this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 in supposed compliance with any of the requirements of this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 . Amended by Act 2019, No. 910,§ 5330, eff. 7/1/2019. Acts 1937, No. 323, § 6; Pope's Dig., § 6474; A.S.A. 1947, § 81-406.

(a) The Director of the Division of Labor or any of his or her deputies or inspectors shall have the right to enter any factory, mill, workshop, mercantile establishment, laundry, or other establishment where three (3) or more persons are employed for the purpose of making inspections and enforcing the provisions of this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 .

(b) They are empowered upon finding any violation of this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 by reason of unsanitary conditions which will endanger the health of the employees therein employed, by reason of neglect to remove and prevent fumes and gases or odor injurious to employees, by reason of the failure or refusal to comply with any requirement of this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 , or by reason of the inadequacy or insufficiency of any plan, method, practice, or device employed in assumed compliance with any of the requirements of this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 to pass upon and to make a written finding as to the failure or refusal to comply with any requirement of this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 or as to adequacy or sufficiency of any practice, plan, or method used in or about any place mentioned in this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 in supposed compliance with any of the requirements of this section, §§ 11-5-101 - 11-5-106 , and 11-5-108 - 11-5-111 .

Amended by Act 2019, No. 910,§ 5330, eff. 7/1/2019.

Acts 1937, No. 323, § 6; Pope's Dig., § 6474; A.S.A. 1947, § 81-406.
Ark. Code Ann. § 11-14-102 — AR Code / Title 11 / Chapter 14 / Section 11-14-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Alcohol" has the same meaning in this chapter as when used in the federal regulations describing the procedures used for the testing of alcohol by programs operating pursuant to the authority of the United States Department of Transportation, currently compiled at 49 C.F.R. Part 40 ; (2) "Alcohol test" means an analysis of breath or blood or any other analysis that determines the presence and level or absence of alcohol as authorized by the United States Department of Transportation in its rules and guidelines concerning alcohol testing and drug testing; (3) "Chain of custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, and storing specimens and reporting test results; (4) "Confirmation test", "confirmed test", or "confirmed drug or alcohol test" means a second analytical procedure used to identify the presence of a specific drug or alcohol or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy; (5) "Covered employer" means a person or entity that employs a person, is covered by the Workers' Compensation Law, § 11-9-101 et seq., maintains a drug-free workplace pursuant to this chapter, and includes on the posting required by § 11-14-105 a specific statement that the policy is being implemented pursuant to the provisions of this chapter. This chapter shall have no effect on employers who do not meet this definition; (6) "Director" means the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission; (7) "Division" means the Workers' Health and Safety Division of the Workers' Compensation Commission; (8) "Drug" means any controlled substance subject to testing pursuant to drug testing regulations adopted by the United States Department of Transportation. A covered employer shall test an individual for all such drugs in accordance with the provisions of this chapter. The director may add additional drugs by rule in accordance with § 11-14-111 ; (9) "Drug or alcohol rehabilitation program" means a service provider that provides confidential, timely and expert identification, assessment, and resolution of employee drug or alcohol abuse; (10) "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered by a laboratory authorized to do so pursuant to this chapter for the purpose of determining the presence or absence of a drug or its metabolites pursuant to regulations governing drug testing adopted by the United States Department of Transportation or such other recognized authority approved by rule by the director; (11) "Employee" means any person who works for salary, wages, or other remuneration for a covered employer; (12) (A) "Employee assistance program" means an established program capable of: (i) Providing expert assessment of employee personal concerns; (ii) Confidential and timely identification services with regard to employee drug or alcohol abuse; (iii) Referrals of employees for appropriate diagnosis, treatment, and assistance; and (iv) Follow-up services for employees who participate in the program or require monitoring after returning to work. (B) If, in addition to the above activities, an employee assistance program provides diagnostic and treatment services. These services shall in all cases be provided by the program; (13) "Employer" means a person or entity that employs a person and that is covered by the Workers' Compensation Law, § 11-9-101 et seq.; (14) "Initial drug or alcohol test" means a procedure that qualifies as a screening test or initial test pursuant to regulations governing drug or alcohol testing adopted by the United States Department of Transportation or such other recognized authority approved by rule by the director; (15) "Job applicant" means a person who has applied for a position with a covered employer, who has been offered employment conditioned upon successfully passing a drug or alcohol test and who may have begun work pending the results of the drug or alcohol test; (16) "Medical review officer" means a licensed physician, pharmacist, pharmacologist or similarly qualified individual employed with or contracted with a covered employer who: (A) Has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures; (B) Verifies positive, confirmed test results; and (C) Has the necessary medical training to interpret and evaluate an employee's positive test result in relation to the employee's medical history or any other relevant biomedical information; (17) "Reasonable-suspicion drug testing" means drug or alcohol testing based on a belief that an employee is using or has used drugs or alcohol in violation of the covered employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: (A) Observable phenomena while at work such as direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of a drug or alcohol; (B) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance; (C) A report of drug or alcohol use provided by a reliable and credible source; (D) Evidence that an individual has tampered with a drug or alcohol test during employment with the current covered employer; (E) Information that an employee has caused, contributed to, or been involved in an accident while at work; or (F) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs or used alcohol while working or while on the covered employer's premises or while operating the covered employer's vehicle, machinery, or equipment; (18) "Safety-sensitive position" means a position involving a safety-sensitive function pursuant to regulations governing drug or alcohol testing adopted by the United States Department of Transportation. For drug-free workplaces, the director is authorized to promulgate rules expanding the scope of "safety-sensitive position" to cases where impairment may present a clear and present risk to co-workers or other persons. "Safety-sensitive position" means, with respect to any employer: (A) A position in which a drug or alcohol impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to: (i) Carry a firearm; (ii) Perform life-threatening procedures; (iii) Work with confidential information or documents pertaining to criminal investigations; or (iv) Work with controlled substances; or (B) A position in which a momentary lapse in attention could result in injury or death to another person; and (19) "Specimen" means tissue, fluid, or a product of the human body capable of revealing the presence of alcohol or drugs or their metabolites. Acts 1999, No. 1552, § 3; 2001, No. 1757, § 10.

As used in this chapter, unless the context otherwise requires:

(1) "Alcohol" has the same meaning in this chapter as when used in the federal regulations describing the procedures used for the testing of alcohol by programs operating pursuant to the authority of the United States Department of Transportation, currently compiled at 49 C.F.R. Part 40 ;

(2) "Alcohol test" means an analysis of breath or blood or any other analysis that determines the presence and level or absence of alcohol as authorized by the United States Department of Transportation in its rules and guidelines concerning alcohol testing and drug testing;

(3) "Chain of custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, and storing specimens and reporting test results;

(4) "Confirmation test", "confirmed test", or "confirmed drug or alcohol test" means a second analytical procedure used to identify the presence of a specific drug or alcohol or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy;

(5) "Covered employer" means a person or entity that employs a person, is covered by the Workers' Compensation Law, § 11-9-101 et seq., maintains a drug-free workplace pursuant to this chapter, and includes on the posting required by § 11-14-105 a specific statement that the policy is being implemented pursuant to the provisions of this chapter. This chapter shall have no effect on employers who do not meet this definition;

(6) "Director" means the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission;

(7) "Division" means the Workers' Health and Safety Division of the Workers' Compensation Commission;

(8) "Drug" means any controlled substance subject to testing pursuant to drug testing regulations adopted by the United States Department of Transportation. A covered employer shall test an individual for all such drugs in accordance with the provisions of this chapter. The director may add additional drugs by rule in accordance with § 11-14-111 ;

(9) "Drug or alcohol rehabilitation program" means a service provider that provides confidential, timely and expert identification, assessment, and resolution of employee drug or alcohol abuse;

(10) "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered by a laboratory authorized to do so pursuant to this chapter for the purpose of determining the presence or absence of a drug or its metabolites pursuant to regulations governing drug testing adopted by the United States Department of Transportation or such other recognized authority approved by rule by the director;

(11) "Employee" means any person who works for salary, wages, or other remuneration for a covered employer;

(12) (A) "Employee assistance program" means an established program capable of: (i) Providing expert assessment of employee personal concerns; (ii) Confidential and timely identification services with regard to employee drug or alcohol abuse; (iii) Referrals of employees for appropriate diagnosis, treatment, and assistance; and (iv) Follow-up services for employees who participate in the program or require monitoring after returning to work. (B) If, in addition to the above activities, an employee assistance program provides diagnostic and treatment services. These services shall in all cases be provided by the program;

(A) "Employee assistance program" means an established program capable of: (i) Providing expert assessment of employee personal concerns; (ii) Confidential and timely identification services with regard to employee drug or alcohol abuse; (iii) Referrals of employees for appropriate diagnosis, treatment, and assistance; and (iv) Follow-up services for employees who participate in the program or require monitoring after returning to work.

(i) Providing expert assessment of employee personal concerns;

(ii) Confidential and timely identification services with regard to employee drug or alcohol abuse;

(iii) Referrals of employees for appropriate diagnosis, treatment, and assistance; and

(iv) Follow-up services for employees who participate in the program or require monitoring after returning to work.

(B) If, in addition to the above activities, an employee assistance program provides diagnostic and treatment services. These services shall in all cases be provided by the program;

(13) "Employer" means a person or entity that employs a person and that is covered by the Workers' Compensation Law, § 11-9-101 et seq.;

(14) "Initial drug or alcohol test" means a procedure that qualifies as a screening test or initial test pursuant to regulations governing drug or alcohol testing adopted by the United States Department of Transportation or such other recognized authority approved by rule by the director;

(15) "Job applicant" means a person who has applied for a position with a covered employer, who has been offered employment conditioned upon successfully passing a drug or alcohol test and who may have begun work pending the results of the drug or alcohol test;

(16) "Medical review officer" means a licensed physician, pharmacist, pharmacologist or similarly qualified individual employed with or contracted with a covered employer who: (A) Has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures; (B) Verifies positive, confirmed test results; and (C) Has the necessary medical training to interpret and evaluate an employee's positive test result in relation to the employee's medical history or any other relevant biomedical information;

(A) Has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures;

(B) Verifies positive, confirmed test results; and

(C) Has the necessary medical training to interpret and evaluate an employee's positive test result in relation to the employee's medical history or any other relevant biomedical information;

(17) "Reasonable-suspicion drug testing" means drug or alcohol testing based on a belief that an employee is using or has used drugs or alcohol in violation of the covered employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: (A) Observable phenomena while at work such as direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of a drug or alcohol; (B) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance; (C) A report of drug or alcohol use provided by a reliable and credible source; (D) Evidence that an individual has tampered with a drug or alcohol test during employment with the current covered employer; (E) Information that an employee has caused, contributed to, or been involved in an accident while at work; or (F) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs or used alcohol while working or while on the covered employer's premises or while operating the covered employer's vehicle, machinery, or equipment;

(A) Observable phenomena while at work such as direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of a drug or alcohol;

(B) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance;

(C) A report of drug or alcohol use provided by a reliable and credible source;

(D) Evidence that an individual has tampered with a drug or alcohol test during employment with the current covered employer;

(E) Information that an employee has caused, contributed to, or been involved in an accident while at work; or

(F) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs or used alcohol while working or while on the covered employer's premises or while operating the covered employer's vehicle, machinery, or equipment;

(18) "Safety-sensitive position" means a position involving a safety-sensitive function pursuant to regulations governing drug or alcohol testing adopted by the United States Department of Transportation. For drug-free workplaces, the director is authorized to promulgate rules expanding the scope of "safety-sensitive position" to cases where impairment may present a clear and present risk to co-workers or other persons. "Safety-sensitive position" means, with respect to any employer: (A) A position in which a drug or alcohol impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to: (i) Carry a firearm; (ii) Perform life-threatening procedures; (iii) Work with confidential information or documents pertaining to criminal investigations; or (iv) Work with controlled substances; or (B) A position in which a momentary lapse in attention could result in injury or death to another person; and

(A) A position in which a drug or alcohol impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to: (i) Carry a firearm; (ii) Perform life-threatening procedures; (iii) Work with confidential information or documents pertaining to criminal investigations; or (iv) Work with controlled substances; or

(i) Carry a firearm;

(ii) Perform life-threatening procedures;

(iii) Work with confidential information or documents pertaining to criminal investigations; or

(iv) Work with controlled substances; or

(B) A position in which a momentary lapse in attention could result in injury or death to another person; and

(19) "Specimen" means tissue, fluid, or a product of the human body capable of revealing the presence of alcohol or drugs or their metabolites.

Acts 1999, No. 1552, § 3; 2001, No. 1757, § 10.
Ark. Code Ann. § 11-3-101 — AR Code / Title 11 / Chapter 3 / Subchapter 1 / Section 11-3-101
Soliciting advertising in name of labor organization
Status: in_force

(a) (1) Any person, firm, or corporation soliciting advertising in the State of Arkansas in the name of, on behalf of, or claiming to represent bona fide labor organizations shall, prior to the soliciting thereof, file with the Secretary of State a surety bond in the sum of five thousand dollars ($5,000), conditioned that the person, firm, or corporation will well and truly perform any and all contracts entered into between the person, firm, or corporation and any person, firm, or corporation within the state. (2) The person, firm, or corporation shall further file with the Secretary of State credentials from the organization the person, firm, or corporation represents, signed by the president and secretary and bearing the official seal of the organization. (3) The bond shall be for the benefit of any person, firm, or corporation who or which has failed to receive any advertising contracted for. (b) Any person, firm, or corporation violating the provisions of this section shall be guilty of a misdemeanor. Upon conviction, the person, firm, or corporation shall be fined in any sum not less than one thousand dollars ($1,000). Acts 1941, No. 294, §§ 1, 2; A.S.A. 1947, §§ 71-201, 71-202; 2003, No. 1473, § 22.

(a) (1) Any person, firm, or corporation soliciting advertising in the State of Arkansas in the name of, on behalf of, or claiming to represent bona fide labor organizations shall, prior to the soliciting thereof, file with the Secretary of State a surety bond in the sum of five thousand dollars ($5,000), conditioned that the person, firm, or corporation will well and truly perform any and all contracts entered into between the person, firm, or corporation and any person, firm, or corporation within the state. (2) The person, firm, or corporation shall further file with the Secretary of State credentials from the organization the person, firm, or corporation represents, signed by the president and secretary and bearing the official seal of the organization. (3) The bond shall be for the benefit of any person, firm, or corporation who or which has failed to receive any advertising contracted for.

(1) Any person, firm, or corporation soliciting advertising in the State of Arkansas in the name of, on behalf of, or claiming to represent bona fide labor organizations shall, prior to the soliciting thereof, file with the Secretary of State a surety bond in the sum of five thousand dollars ($5,000), conditioned that the person, firm, or corporation will well and truly perform any and all contracts entered into between the person, firm, or corporation and any person, firm, or corporation within the state.

(2) The person, firm, or corporation shall further file with the Secretary of State credentials from the organization the person, firm, or corporation represents, signed by the president and secretary and bearing the official seal of the organization.

(3) The bond shall be for the benefit of any person, firm, or corporation who or which has failed to receive any advertising contracted for.

(b) Any person, firm, or corporation violating the provisions of this section shall be guilty of a misdemeanor. Upon conviction, the person, firm, or corporation shall be fined in any sum not less than one thousand dollars ($1,000).

Acts 1941, No. 294, §§ 1, 2; A.S.A. 1947, §§ 71-201, 71-202; 2003, No. 1473, § 22.
Ark. Code Ann. § 11-4-607 — AR Code / Title 11 / Chapter 4 / Subchapter 6 / Section 11-4-607
Definitions for sections 11-4-608 - 11-4-612
Status: in_force

As used in §§ 11-4-608 - 11-4-612 , unless the context otherwise requires: (1) (A) "Employee" means an individual who performs services for an employer for wages in a lawful business, industry, trade, profession, or enterprise, and the individual's employment status has been determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, § 11-1-201 et seq. (B) "Employee" does not include a person engaged in domestic service in the home of the employer; in agricultural service, or in temporary or seasonal employment; an employee of any social club, fraternal, charitable, educational, religious, scientific, or literary association, no part of the net earnings of which inures to the benefit of any private individual; (2) "Employer" means a person, natural or artificial, acting in the interest of an employer directly or indirectly; and (3) "Employment" means employment of an employee under contract of hire, expressed or implied, written or oral. Amended by Act 2019, No. 1055,§ 3, eff. 7/24/2019. Acts 1955, No. 361, § 1; A.S.A. 1947, § 81-623.

As used in §§ 11-4-608 - 11-4-612 , unless the context otherwise requires:

(1) (A) "Employee" means an individual who performs services for an employer for wages in a lawful business, industry, trade, profession, or enterprise, and the individual's employment status has been determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, § 11-1-201 et seq. (B) "Employee" does not include a person engaged in domestic service in the home of the employer; in agricultural service, or in temporary or seasonal employment; an employee of any social club, fraternal, charitable, educational, religious, scientific, or literary association, no part of the net earnings of which inures to the benefit of any private individual;

(A) "Employee" means an individual who performs services for an employer for wages in a lawful business, industry, trade, profession, or enterprise, and the individual's employment status has been determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, § 11-1-201 et seq.

(B) "Employee" does not include a person engaged in domestic service in the home of the employer; in agricultural service, or in temporary or seasonal employment; an employee of any social club, fraternal, charitable, educational, religious, scientific, or literary association, no part of the net earnings of which inures to the benefit of any private individual;

(2) "Employer" means a person, natural or artificial, acting in the interest of an employer directly or indirectly; and

(3) "Employment" means employment of an employee under contract of hire, expressed or implied, written or oral.

Amended by Act 2019, No. 1055,§ 3, eff. 7/24/2019.

Acts 1955, No. 361, § 1; A.S.A. 1947, § 81-623.
Ark. Code Ann. § 11-13-102 — AR Code / Title 11 / Chapter 13 / Section 11-13-102
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013. Acts 1993, No. 1232, § 2; 1997, No. 540, § 15; 1999, No. 646, § 3; 1999, No. 1164, § 119.

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

Acts 1993, No. 1232, § 2; 1997, No. 540, § 15; 1999, No. 646, § 3; 1999, No. 1164, § 119.
Ark. Code Ann. § 11-11-221 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-221
Issuance, refusal, suspension, or revocation of license - Grounds
Status: in_force

(a) The Director of the Division of Labor shall issue a license as an employment agent, agency manager, or counselor to any person who qualifies for the license under the terms of this subchapter. (b) The director may, in addition, refuse to issue a license to any person or may suspend or revoke the license of any employment agent, agency manager, or employment counselor or impose administrative fines as provided for in § 11-11-203 when the director finds that any of the following conditions exist: (1) That the employment agent, agency manager, or counselor has violated any of the provisions of this subchapter; (2) That the employment agent, agency manager, or counselor has violated any of the rules or other orders lawfully promulgated by the director; (3) That the employment agent, agency manager, or counselor has violated the conditions of the bond required by § 11-11-213 ; (4) That the person, employment agent, agency manager, or employment counselor has engaged in a fraudulent, deceptive, or dishonest practice; (5) That the person, employment agent, agency manager, or employment counselor has been legally adjudicated incompetent; or (6) That the applicant is for good and sufficient cause unfit to be an employment agent, agency manager, or employment counselor within the meaning of this subchapter or of any of the rules or orders lawfully promulgated by the director. (c) This section and § 11-11-222 shall not be construed to relieve any person from civil liability or from criminal prosecution under the provisions of this subchapter or under other laws of this state. Amended by Act 2019, No. 315,§ 841, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 840, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5388, eff. 7/1/2019. Acts 1975, No. 493, § 13; A.S.A. 1947, § 81-1025.

(a) The Director of the Division of Labor shall issue a license as an employment agent, agency manager, or counselor to any person who qualifies for the license under the terms of this subchapter.

(b) The director may, in addition, refuse to issue a license to any person or may suspend or revoke the license of any employment agent, agency manager, or employment counselor or impose administrative fines as provided for in § 11-11-203 when the director finds that any of the following conditions exist: (1) That the employment agent, agency manager, or counselor has violated any of the provisions of this subchapter; (2) That the employment agent, agency manager, or counselor has violated any of the rules or other orders lawfully promulgated by the director; (3) That the employment agent, agency manager, or counselor has violated the conditions of the bond required by § 11-11-213 ; (4) That the person, employment agent, agency manager, or employment counselor has engaged in a fraudulent, deceptive, or dishonest practice; (5) That the person, employment agent, agency manager, or employment counselor has been legally adjudicated incompetent; or (6) That the applicant is for good and sufficient cause unfit to be an employment agent, agency manager, or employment counselor within the meaning of this subchapter or of any of the rules or orders lawfully promulgated by the director.

(1) That the employment agent, agency manager, or counselor has violated any of the provisions of this subchapter;

(2) That the employment agent, agency manager, or counselor has violated any of the rules or other orders lawfully promulgated by the director;

(3) That the employment agent, agency manager, or counselor has violated the conditions of the bond required by § 11-11-213 ;

(4) That the person, employment agent, agency manager, or employment counselor has engaged in a fraudulent, deceptive, or dishonest practice;

(5) That the person, employment agent, agency manager, or employment counselor has been legally adjudicated incompetent; or

(6) That the applicant is for good and sufficient cause unfit to be an employment agent, agency manager, or employment counselor within the meaning of this subchapter or of any of the rules or orders lawfully promulgated by the director.

(c) This section and § 11-11-222 shall not be construed to relieve any person from civil liability or from criminal prosecution under the provisions of this subchapter or under other laws of this state.

Amended by Act 2019, No. 315,§ 841, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 840, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5388, eff. 7/1/2019.

Acts 1975, No. 493, § 13; A.S.A. 1947, § 81-1025.
Ark. Code Ann. § 11-6-112 — AR Code / Title 11 / Chapter 6 / Section 11-6-112
Newspaper delivery work permitted
Status: in_force

(a) The purpose of this section is to provide children with an opportunity to develop business interests and to promote in them a spirit of thrift and industry by encouragement of their engagement in a particular situation when the child, parent, and community will be benefited and which tends to prevent juvenile delinquency. (b) (1) A minor may be employed or may enter into contracts, upon written approval of the parent or guardian of the minor, to buy, sell, and deliver and to collect for newspapers during the school term or during vacation, if the child is attending school, as required by law, and does not engage in the employment or activity except at times when his or her presence is not required at school. (2) The provisions of §§ 11-6-101 - 11-6-111 , with respect to child labor, shall not be applicable with respect to the contract or employment as authorized in this section. (c) (1) The provisions of this section shall be applicable only where the provision is made by the employer or newspaper company contractor to provide insurance or indemnity for injury to or death of the minor arising out of bodily injury caused by an accident when the accident hazard arises while the minor is on the business of the employer or performing the activities set out in the contract. (2) (A) The schedule of benefits under this program of insurance or indemnity shall provide at least ten thousand dollars ($10,000) for accidental death of the minor, and the sum shall be reasonably and equitably prorated for dismemberment of the minor. (B) The insurance or indemnity shall further provide blanket medical coverage for all hospital and medical expenses up to five thousand dollars ($5,000) resulting from an accident. (C) This hospital and medical expense protection shall be excess insurance coverage or indemnity over and above any other collectible insurance. Acts 1967, No. 641, §§ 1, 2; A.S.A. 1947, §§ 81-715, 81-716.

(a) The purpose of this section is to provide children with an opportunity to develop business interests and to promote in them a spirit of thrift and industry by encouragement of their engagement in a particular situation when the child, parent, and community will be benefited and which tends to prevent juvenile delinquency.

(b) (1) A minor may be employed or may enter into contracts, upon written approval of the parent or guardian of the minor, to buy, sell, and deliver and to collect for newspapers during the school term or during vacation, if the child is attending school, as required by law, and does not engage in the employment or activity except at times when his or her presence is not required at school. (2) The provisions of §§ 11-6-101 - 11-6-111 , with respect to child labor, shall not be applicable with respect to the contract or employment as authorized in this section.

(1) A minor may be employed or may enter into contracts, upon written approval of the parent or guardian of the minor, to buy, sell, and deliver and to collect for newspapers during the school term or during vacation, if the child is attending school, as required by law, and does not engage in the employment or activity except at times when his or her presence is not required at school.

(2) The provisions of §§ 11-6-101 - 11-6-111 , with respect to child labor, shall not be applicable with respect to the contract or employment as authorized in this section.

(c) (1) The provisions of this section shall be applicable only where the provision is made by the employer or newspaper company contractor to provide insurance or indemnity for injury to or death of the minor arising out of bodily injury caused by an accident when the accident hazard arises while the minor is on the business of the employer or performing the activities set out in the contract. (2) (A) The schedule of benefits under this program of insurance or indemnity shall provide at least ten thousand dollars ($10,000) for accidental death of the minor, and the sum shall be reasonably and equitably prorated for dismemberment of the minor. (B) The insurance or indemnity shall further provide blanket medical coverage for all hospital and medical expenses up to five thousand dollars ($5,000) resulting from an accident. (C) This hospital and medical expense protection shall be excess insurance coverage or indemnity over and above any other collectible insurance.

(1) The provisions of this section shall be applicable only where the provision is made by the employer or newspaper company contractor to provide insurance or indemnity for injury to or death of the minor arising out of bodily injury caused by an accident when the accident hazard arises while the minor is on the business of the employer or performing the activities set out in the contract.

(2) (A) The schedule of benefits under this program of insurance or indemnity shall provide at least ten thousand dollars ($10,000) for accidental death of the minor, and the sum shall be reasonably and equitably prorated for dismemberment of the minor. (B) The insurance or indemnity shall further provide blanket medical coverage for all hospital and medical expenses up to five thousand dollars ($5,000) resulting from an accident. (C) This hospital and medical expense protection shall be excess insurance coverage or indemnity over and above any other collectible insurance.

(A) The schedule of benefits under this program of insurance or indemnity shall provide at least ten thousand dollars ($10,000) for accidental death of the minor, and the sum shall be reasonably and equitably prorated for dismemberment of the minor.

(B) The insurance or indemnity shall further provide blanket medical coverage for all hospital and medical expenses up to five thousand dollars ($5,000) resulting from an accident.

(C) This hospital and medical expense protection shall be excess insurance coverage or indemnity over and above any other collectible insurance.

Acts 1967, No. 641, §§ 1, 2; A.S.A. 1947, §§ 81-715, 81-716.
Ark. Code Ann. § 11-9-117 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-117
Carpal tunnel syndrome guidelines
Status: in_force

Pursuant to its rulemaking authority, the Workers' Compensation Commission shall be empowered to enact medical diagnostic and treatment guidelines regarding occupational carpal tunnel syndrome upon the joint recommendation of the Arkansas chapter of the American Federation of Labor and Congress of Industrial Organizations and the Arkansas State Chamber of Commerce. Acts 2001, No. 1281, § 2.

Pursuant to its rulemaking authority, the Workers' Compensation Commission shall be empowered to enact medical diagnostic and treatment guidelines regarding occupational carpal tunnel syndrome upon the joint recommendation of the Arkansas chapter of the American Federation of Labor and Congress of Industrial Organizations and the Arkansas State Chamber of Commerce.

Acts 2001, No. 1281, § 2.
Ark. Code Ann. § 11-10-1010 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1010
Employment of professionals
Status: in_force

Under § 15-5-212 , the Arkansas Development Finance Authority may employ and retain any professionals that the Arkansas Development Finance Authority deems necessary to accomplish the issuance and sale of the Arkansas Unemployment Trust Fund Bonds, including without limitation legal counsel, financial advisors, underwriters, trustees, paying agents, and remarketing agents. Acts 2011, No. 1125, § 1.

Under § 15-5-212 , the Arkansas Development Finance Authority may employ and retain any professionals that the Arkansas Development Finance Authority deems necessary to accomplish the issuance and sale of the Arkansas Unemployment Trust Fund Bonds, including without limitation legal counsel, financial advisors, underwriters, trustees, paying agents, and remarketing agents.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-10-514 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-514
Disqualification - Discharge for misconduct
Status: in_force

(a) (1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she is discharged from his or her last work for misconduct in connection with the work. (2) In cases of discharge for absenteeism, the individual shall be disqualified for misconduct in connection with the work if the discharge was pursuant to the terms of a bona fide written attendance policy, regardless of whether the policy is a fault or no-fault policy. (3) (A) Misconduct in connection with the work includes the violation of any behavioral policies of the employer as distinguished from deficiencies in meeting production standards or accomplishing job duties; and (B) Without limitation: (i) Disregard of an established bona fide written rule known to the employee; or (ii) A willful disregard of the employer's interest. (4) (A) Misconduct in connection with the work shall not be found for instances of poor performance unless the employer can prove that the poor performance was intentional. (B) An individual's repeated act of commission, omission, or negligence despite progressive discipline constitutes sufficient proof of intentional poor performance. (C) An individual who refuses an alternate suitable job rather than being terminated for poor performance shall be considered discharged for misconduct in connection with the work. (5) The disqualification under subsection (a) of this section shall continue until, subsequent to the effective date of the disqualification, the individual has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, another state, or the United States. (b) (1) If an individual is discharged from his or her last work for misconduct in connection with the work on account of dishonesty, drinking on the job, reporting for work while under the influence of intoxicants, including a controlled substance, or willful violation of bona fide written rules or customs of the employer including those pertaining to his or her safety or the safety of fellow employees, persons, or company property, harassment, unprofessional conduct, or insubordination, he or she shall be disqualified until, subsequent to the date of the disqualification, the individual has been paid wages in two (2) quarters for insured work totaling not less than thirty-five (35) times his or her weekly benefit amount. (2) (A) If an individual is discharged for testing positive for an illegal drug pursuant to a United States Department of Transportation-qualified drug screen conducted in accordance with the employer's bona fide written drug policy, the individual is disqualified until, subsequent to the date of the disqualification, the claimant has been paid wages in two (2) quarters for insured work totaling not less than thirty-five (35) times his or her weekly benefit amount. (B) (i) Any weekly benefits payable subsequent to the date of the disqualification under subdivision (b)(2)(A) of this section shall be terminated. (ii) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant is disqualified for testing positive for an illegal drug under subdivision (b)(2)(A) of this section. (C) If an individual is disqualified under subdivision (b)(2)(A) of this section, a benefit paid to the individual with respect to any week of unemployment after the discharge shall not be charged to the account of the employer that discharged the individual if the benefit is based upon wages paid to the individual for employment before the discharge by the employer that discharged the individual. (c) (1) If so found by the director, an individual shall be disqualified for benefits if he or she is suspended from his or her last work for misconduct in connection with the work. (2) Except as otherwise provided, the disqualification shall be for the duration of the suspension or eight (8) weeks, whichever is the lesser. Amended by Act 2019, No. 453,§ 5, eff. 10/1/2019. Amended by Act 2019, No. 910,§ 242, eff. 7/1/2019. Amended by Act 2015, No. 690,§ 1, eff. 7/1/2015. Amended by Act 2013, No. 1077,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1077,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1077,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 956,§ 1, eff. 7/1/2013. Acts 1941, No. 391, § 5; 1943, No. 138, § 30; 1947, No. 398, § 4; 1949, No. 155, § 5; 1953, No. 162, § 3; 1955, No. 395, §§ 11, 12; 1971, No. 35, § 9; 1983, No. 482, § 17; A.S.A. 1947, § 81-1106; Acts 1987, No. 753, § 14; 1989 (3rd Ex. Sess.), No. 95, § 1; 1993, No. 6, § 7; 1999, No. 1116, § 11; 2001, No. 770, § 1; 2007, No. 454, § 1; 2009, No. 802, § 5; 2011, No. 861, § 4; 2011, No. 1040, § 2.

(a) (1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she is discharged from his or her last work for misconduct in connection with the work. (2) In cases of discharge for absenteeism, the individual shall be disqualified for misconduct in connection with the work if the discharge was pursuant to the terms of a bona fide written attendance policy, regardless of whether the policy is a fault or no-fault policy. (3) (A) Misconduct in connection with the work includes the violation of any behavioral policies of the employer as distinguished from deficiencies in meeting production standards or accomplishing job duties; and (B) Without limitation: (i) Disregard of an established bona fide written rule known to the employee; or (ii) A willful disregard of the employer's interest. (4) (A) Misconduct in connection with the work shall not be found for instances of poor performance unless the employer can prove that the poor performance was intentional. (B) An individual's repeated act of commission, omission, or negligence despite progressive discipline constitutes sufficient proof of intentional poor performance. (C) An individual who refuses an alternate suitable job rather than being terminated for poor performance shall be considered discharged for misconduct in connection with the work. (5) The disqualification under subsection (a) of this section shall continue until, subsequent to the effective date of the disqualification, the individual has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, another state, or the United States.

(1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she is discharged from his or her last work for misconduct in connection with the work.

(2) In cases of discharge for absenteeism, the individual shall be disqualified for misconduct in connection with the work if the discharge was pursuant to the terms of a bona fide written attendance policy, regardless of whether the policy is a fault or no-fault policy.

(3) (A) Misconduct in connection with the work includes the violation of any behavioral policies of the employer as distinguished from deficiencies in meeting production standards or accomplishing job duties; and (B) Without limitation: (i) Disregard of an established bona fide written rule known to the employee; or (ii) A willful disregard of the employer's interest.

(A) Misconduct in connection with the work includes the violation of any behavioral policies of the employer as distinguished from deficiencies in meeting production standards or accomplishing job duties; and

(B) Without limitation: (i) Disregard of an established bona fide written rule known to the employee; or (ii) A willful disregard of the employer's interest.

(i) Disregard of an established bona fide written rule known to the employee; or

(ii) A willful disregard of the employer's interest.

(4) (A) Misconduct in connection with the work shall not be found for instances of poor performance unless the employer can prove that the poor performance was intentional. (B) An individual's repeated act of commission, omission, or negligence despite progressive discipline constitutes sufficient proof of intentional poor performance. (C) An individual who refuses an alternate suitable job rather than being terminated for poor performance shall be considered discharged for misconduct in connection with the work.

(A) Misconduct in connection with the work shall not be found for instances of poor performance unless the employer can prove that the poor performance was intentional.

(B) An individual's repeated act of commission, omission, or negligence despite progressive discipline constitutes sufficient proof of intentional poor performance.

(C) An individual who refuses an alternate suitable job rather than being terminated for poor performance shall be considered discharged for misconduct in connection with the work.

(5) The disqualification under subsection (a) of this section shall continue until, subsequent to the effective date of the disqualification, the individual has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, another state, or the United States.

(b) (1) If an individual is discharged from his or her last work for misconduct in connection with the work on account of dishonesty, drinking on the job, reporting for work while under the influence of intoxicants, including a controlled substance, or willful violation of bona fide written rules or customs of the employer including those pertaining to his or her safety or the safety of fellow employees, persons, or company property, harassment, unprofessional conduct, or insubordination, he or she shall be disqualified until, subsequent to the date of the disqualification, the individual has been paid wages in two (2) quarters for insured work totaling not less than thirty-five (35) times his or her weekly benefit amount. (2) (A) If an individual is discharged for testing positive for an illegal drug pursuant to a United States Department of Transportation-qualified drug screen conducted in accordance with the employer's bona fide written drug policy, the individual is disqualified until, subsequent to the date of the disqualification, the claimant has been paid wages in two (2) quarters for insured work totaling not less than thirty-five (35) times his or her weekly benefit amount. (B) (i) Any weekly benefits payable subsequent to the date of the disqualification under subdivision (b)(2)(A) of this section shall be terminated. (ii) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant is disqualified for testing positive for an illegal drug under subdivision (b)(2)(A) of this section. (C) If an individual is disqualified under subdivision (b)(2)(A) of this section, a benefit paid to the individual with respect to any week of unemployment after the discharge shall not be charged to the account of the employer that discharged the individual if the benefit is based upon wages paid to the individual for employment before the discharge by the employer that discharged the individual.

(1) If an individual is discharged from his or her last work for misconduct in connection with the work on account of dishonesty, drinking on the job, reporting for work while under the influence of intoxicants, including a controlled substance, or willful violation of bona fide written rules or customs of the employer including those pertaining to his or her safety or the safety of fellow employees, persons, or company property, harassment, unprofessional conduct, or insubordination, he or she shall be disqualified until, subsequent to the date of the disqualification, the individual has been paid wages in two (2) quarters for insured work totaling not less than thirty-five (35) times his or her weekly benefit amount.

(2) (A) If an individual is discharged for testing positive for an illegal drug pursuant to a United States Department of Transportation-qualified drug screen conducted in accordance with the employer's bona fide written drug policy, the individual is disqualified until, subsequent to the date of the disqualification, the claimant has been paid wages in two (2) quarters for insured work totaling not less than thirty-five (35) times his or her weekly benefit amount. (B) (i) Any weekly benefits payable subsequent to the date of the disqualification under subdivision (b)(2)(A) of this section shall be terminated. (ii) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant is disqualified for testing positive for an illegal drug under subdivision (b)(2)(A) of this section. (C) If an individual is disqualified under subdivision (b)(2)(A) of this section, a benefit paid to the individual with respect to any week of unemployment after the discharge shall not be charged to the account of the employer that discharged the individual if the benefit is based upon wages paid to the individual for employment before the discharge by the employer that discharged the individual.

(A) If an individual is discharged for testing positive for an illegal drug pursuant to a United States Department of Transportation-qualified drug screen conducted in accordance with the employer's bona fide written drug policy, the individual is disqualified until, subsequent to the date of the disqualification, the claimant has been paid wages in two (2) quarters for insured work totaling not less than thirty-five (35) times his or her weekly benefit amount.

(B) (i) Any weekly benefits payable subsequent to the date of the disqualification under subdivision (b)(2)(A) of this section shall be terminated. (ii) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant is disqualified for testing positive for an illegal drug under subdivision (b)(2)(A) of this section.

(i) Any weekly benefits payable subsequent to the date of the disqualification under subdivision (b)(2)(A) of this section shall be terminated.

(ii) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant is disqualified for testing positive for an illegal drug under subdivision (b)(2)(A) of this section.

(C) If an individual is disqualified under subdivision (b)(2)(A) of this section, a benefit paid to the individual with respect to any week of unemployment after the discharge shall not be charged to the account of the employer that discharged the individual if the benefit is based upon wages paid to the individual for employment before the discharge by the employer that discharged the individual.

(c) (1) If so found by the director, an individual shall be disqualified for benefits if he or she is suspended from his or her last work for misconduct in connection with the work. (2) Except as otherwise provided, the disqualification shall be for the duration of the suspension or eight (8) weeks, whichever is the lesser.

(1) If so found by the director, an individual shall be disqualified for benefits if he or she is suspended from his or her last work for misconduct in connection with the work.

(2) Except as otherwise provided, the disqualification shall be for the duration of the suspension or eight (8) weeks, whichever is the lesser.

Amended by Act 2019, No. 453,§ 5, eff. 10/1/2019.

Amended by Act 2019, No. 910,§ 242, eff. 7/1/2019.

Amended by Act 2015, No. 690,§ 1, eff. 7/1/2015.

Amended by Act 2013, No. 1077,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 1077,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 1077,§ 1, eff. 8/16/2013.

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

Acts 1941, No. 391, § 5; 1943, No. 138, § 30; 1947, No. 398, § 4; 1949, No. 155, § 5; 1953, No. 162, § 3; 1955, No. 395, §§ 11, 12; 1971, No. 35, § 9; 1983, No. 482, § 17; A.S.A. 1947, § 81-1106; Acts 1987, No. 753, § 14; 1989 (3rd Ex. Sess.), No. 95, § 1; 1993, No. 6, § 7; 1999, No. 1116, § 11; 2001, No. 770, § 1; 2007, No. 454, § 1; 2009, No. 802, § 5; 2011, No. 861, § 4; 2011, No. 1040, § 2.
Ark. Code Ann. § 11-15-103 — AR Code / Title 11 / Chapter 15 / Section 11-15-103
Voluntary veterans' preference employment policy - Private employment - Local government employment
Status: in_force

(a) (1) A private employer or local government employer may have a voluntary veterans' preference employment policy. (2) The veterans' preference employment policy: (A) Shall be in writing; (B) Shall be applied uniformly to employment decisions regarding the hiring, promotion, or retention during a reduction in force; and (C) May be modeled after § 21-3-302(d) -(g) and § 21-3-303 et seq. (b) A veteran, spouse of a disabled veteran, or surviving spouse of a veteran shall submit a DD 214 of the veteran to a private employer or local government employer with a veterans' preference employment policy to be eligible for the preference. Added by Act 2013, No. 598,§ 1, eff. 8/16/2013.

(a) (1) A private employer or local government employer may have a voluntary veterans' preference employment policy. (2) The veterans' preference employment policy: (A) Shall be in writing; (B) Shall be applied uniformly to employment decisions regarding the hiring, promotion, or retention during a reduction in force; and (C) May be modeled after § 21-3-302(d) -(g) and § 21-3-303 et seq.

(1) A private employer or local government employer may have a voluntary veterans' preference employment policy.

(2) The veterans' preference employment policy: (A) Shall be in writing; (B) Shall be applied uniformly to employment decisions regarding the hiring, promotion, or retention during a reduction in force; and (C) May be modeled after § 21-3-302(d) -(g) and § 21-3-303 et seq.

(A) Shall be in writing;

(B) Shall be applied uniformly to employment decisions regarding the hiring, promotion, or retention during a reduction in force; and

(C) May be modeled after § 21-3-302(d) -(g) and § 21-3-303 et seq.

(b) A veteran, spouse of a disabled veteran, or surviving spouse of a veteran shall submit a DD 214 of the veteran to a private employer or local government employer with a veterans' preference employment policy to be eligible for the preference.

Added by Act 2013, No. 598,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 11-10-722 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-722
Collection - Impoundment
Status: in_force

(a) The Director of the Division of Workforce Services or his or her designated representative may give notice of impoundment of any deposits in any bank or savings and loan institution payable to the order of any employer owing any delinquent contributions, interest, and penalties to which a lien has attached under this chapter. Notice of impoundment shall be served by the director or his or her designated representative by certified mail to the bank or savings and loan institution or by written notice served personally upon its president, vice president, cashier, or assistant cashier. (b) Any bank or savings and loan institution served with notice of impoundment shall be required to recognize the Division of Workforce Services' lien on any deposit subject thereto by withholding payment of any deposit in an amount not to exceed the amount of the delinquent contributions, interest, and penalty to the depositor or to his or her order for a period not to exceed sixty (60) days. (c) Any bank or savings and loan institution failing to comply shall be held liable for the amount covered by the notice of impoundment up to the amount on deposit to the employer's credit with the bank or savings and loan institution. (d) (1) Impoundment of the funds shall be revoked when the lien or judgment has been satisfied and may be revoked at any time at the discretion of the director or his or her designated representative. (2) Revocation of impoundment shall be served in the same manner as the notice of impoundment. Amended by Act 2019, No. 910,§ 310, eff. 7/1/2019. Acts 1941, No. 391, § 14; 1975, No. 609, § 12; 1977, No. 376, § 16; A.S.A. 1947, § 81-1117; Acts 1991, No. 100, § 52; 2003, No. 1223, § 14.

(a) The Director of the Division of Workforce Services or his or her designated representative may give notice of impoundment of any deposits in any bank or savings and loan institution payable to the order of any employer owing any delinquent contributions, interest, and penalties to which a lien has attached under this chapter. Notice of impoundment shall be served by the director or his or her designated representative by certified mail to the bank or savings and loan institution or by written notice served personally upon its president, vice president, cashier, or assistant cashier.

(b) Any bank or savings and loan institution served with notice of impoundment shall be required to recognize the Division of Workforce Services' lien on any deposit subject thereto by withholding payment of any deposit in an amount not to exceed the amount of the delinquent contributions, interest, and penalty to the depositor or to his or her order for a period not to exceed sixty (60) days.

(c) Any bank or savings and loan institution failing to comply shall be held liable for the amount covered by the notice of impoundment up to the amount on deposit to the employer's credit with the bank or savings and loan institution.

(d) (1) Impoundment of the funds shall be revoked when the lien or judgment has been satisfied and may be revoked at any time at the discretion of the director or his or her designated representative. (2) Revocation of impoundment shall be served in the same manner as the notice of impoundment.

(1) Impoundment of the funds shall be revoked when the lien or judgment has been satisfied and may be revoked at any time at the discretion of the director or his or her designated representative.

(2) Revocation of impoundment shall be served in the same manner as the notice of impoundment.

Amended by Act 2019, No. 910,§ 310, eff. 7/1/2019.

Acts 1941, No. 391, § 14; 1975, No. 609, § 12; 1977, No. 376, § 16; A.S.A. 1947, § 81-1117; Acts 1991, No. 100, § 52; 2003, No. 1223, § 14.
Ark. Code Ann. § 11-5-118 — AR Code / Title 11 / Chapter 5 / Subchapter 1 / Section 11-5-118
Expired
Status: repealed

Added by Act 2021, No. 1113,§ 2, eff. 10/13/2021. Added by Act 2021, No. 1115,§ 2, eff. 10/13/2021.

Added by Act 2021, No. 1113,§ 2, eff. 10/13/2021.

Added by Act 2021, No. 1115,§ 2, eff. 10/13/2021.
Ark. Code Ann. § 11-2-105 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-105
Enforcement
Status: in_force

(a) (1) It shall be the duty of the Attorney General and the several prosecuting attorneys, upon request of the Director of the Division of Labor or any of his or her authorized representatives, to prosecute any violation of the law that is the duty of the director to enforce. (2) The director may, upon his or her own motion, bring all necessary suits and institute such prosecutions as may be necessary to properly enforce this subchapter, and he or she shall not be required to give bond for cost or make appeal bonds. (b) (1) In lieu of the penalties provided in § 11-2-104 , any penalty except imprisonment may be recovered in a civil action in the name of the State of Arkansas. (2) The civil action shall be entitled to an expeditious hearing and shall receive precedence over all other matters except older matters of the same nature. (3) Any sums forfeited under the provisions of this section shall be deposited with the Treasurer of State in the same manner as provided by law for other moneys of the state. Amended by Act 2019, No. 910,§ 5281, eff. 7/1/2019. Acts 1937, No. 161, §§ 20, 21; Pope's Dig., §§ 8516, 8517; A.S.A. 1947, §§ 81-119, 81-120.

(a) (1) It shall be the duty of the Attorney General and the several prosecuting attorneys, upon request of the Director of the Division of Labor or any of his or her authorized representatives, to prosecute any violation of the law that is the duty of the director to enforce. (2) The director may, upon his or her own motion, bring all necessary suits and institute such prosecutions as may be necessary to properly enforce this subchapter, and he or she shall not be required to give bond for cost or make appeal bonds.

(1) It shall be the duty of the Attorney General and the several prosecuting attorneys, upon request of the Director of the Division of Labor or any of his or her authorized representatives, to prosecute any violation of the law that is the duty of the director to enforce.

(2) The director may, upon his or her own motion, bring all necessary suits and institute such prosecutions as may be necessary to properly enforce this subchapter, and he or she shall not be required to give bond for cost or make appeal bonds.

(b) (1) In lieu of the penalties provided in § 11-2-104 , any penalty except imprisonment may be recovered in a civil action in the name of the State of Arkansas. (2) The civil action shall be entitled to an expeditious hearing and shall receive precedence over all other matters except older matters of the same nature. (3) Any sums forfeited under the provisions of this section shall be deposited with the Treasurer of State in the same manner as provided by law for other moneys of the state.

(1) In lieu of the penalties provided in § 11-2-104 , any penalty except imprisonment may be recovered in a civil action in the name of the State of Arkansas.

(2) The civil action shall be entitled to an expeditious hearing and shall receive precedence over all other matters except older matters of the same nature.

(3) Any sums forfeited under the provisions of this section shall be deposited with the Treasurer of State in the same manner as provided by law for other moneys of the state.

Amended by Act 2019, No. 910,§ 5281, eff. 7/1/2019.

Acts 1937, No. 161, §§ 20, 21; Pope's Dig., §§ 8516, 8517; A.S.A. 1947, §§ 81-119, 81-120.
Ark. Code Ann. § 11-4-401 — AR Code / Title 11 / Chapter 4 / Subchapter 4 / Section 11-4-401
Payment semimonthly
Status: in_force

(a) Except as provided in subsection (c) of this section, all corporations doing business in this state that employ any salespersons, mechanics, laborers, or other servants for the transaction of business shall pay the wages of the employees no less frequently than semimonthly. (b) Any corporation that shall, through its president or otherwise, violate subsections (a) and (c) of this section shall be deemed guilty of a misdemeanor and on conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) for each offense. (c) All corporations with an annual gross income of five hundred thousand dollars ($500,000), or more, doing business in this state who shall employ any salespersons, mechanics, laborers, or other servants for the transaction of their business shall pay the wages of their management level and executive employees who are exempt under the provisions of Section 13 of the Fair Labor Standards Act, from the provisions of Sections 6 and 7 of that act, and who are compensated at a gross rate in excess of twenty-five thousand dollars ($25,000) per year, at a minimum of once each calendar month. Amended by Act 2017, No. 475,§ 1, eff. 8/1/2017. Acts 1909, No. 13, §§ 1, 2, p. 21; C. & M. Dig., §§ 7131, 7132; Pope's Dig., §§ 9117, 9118; A.S.A. 1947, §§ 81-301, 81-302; Acts 1991, No. 1113, § 1.

(a) Except as provided in subsection (c) of this section, all corporations doing business in this state that employ any salespersons, mechanics, laborers, or other servants for the transaction of business shall pay the wages of the employees no less frequently than semimonthly.

(b) Any corporation that shall, through its president or otherwise, violate subsections (a) and (c) of this section shall be deemed guilty of a misdemeanor and on conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) for each offense.

(c) All corporations with an annual gross income of five hundred thousand dollars ($500,000), or more, doing business in this state who shall employ any salespersons, mechanics, laborers, or other servants for the transaction of their business shall pay the wages of their management level and executive employees who are exempt under the provisions of Section 13 of the Fair Labor Standards Act, from the provisions of Sections 6 and 7 of that act, and who are compensated at a gross rate in excess of twenty-five thousand dollars ($25,000) per year, at a minimum of once each calendar month.

Amended by Act 2017, No. 475,§ 1, eff. 8/1/2017.

Acts 1909, No. 13, §§ 1, 2, p. 21; C. & M. Dig., §§ 7131, 7132; Pope's Dig., §§ 9117, 9118; A.S.A. 1947, §§ 81-301, 81-302; Acts 1991, No. 1113, § 1.
Ark. Code Ann. § 11-4-306 — AR Code / Title 11 / Chapter 4 / Subchapter 3 / Section 11-4-306
Fees prohibited
Status: in_force

The Director of the Division of Labor or any person designated by him or her shall not charge or be permitted to accept any fees or remuneration whatsoever from any person for the performance of any duties under this subchapter. Amended by Act 2019, No. 910,§ 5324, eff. 7/1/2019. Acts 1937, No. 86, § 5; Pope's Dig., § 8540; A.S.A. 1947, § 81-314.

The Director of the Division of Labor or any person designated by him or her shall not charge or be permitted to accept any fees or remuneration whatsoever from any person for the performance of any duties under this subchapter.

Amended by Act 2019, No. 910,§ 5324, eff. 7/1/2019.

Acts 1937, No. 86, § 5; Pope's Dig., § 8540; A.S.A. 1947, § 81-314.
Ark. Code Ann. § 11-9-803 — AR Code / Title 11 / Chapter 9 / Subchapter 8 / Section 11-9-803
Controversion of right to compensation
Status: in_force

(a) (1) Each employer desiring to controvert the right to compensation shall file with the Workers' Compensation Commission on or before the fifteenth day following notice of the alleged injury or death a statement on a form prescribed by the commission that the right to compensation is controverted and the grounds therefor, the names of the claimant, employer, and carrier, if any, and the date and place of the alleged injury or death. (2) Failure to file the statement of controversion shall not preclude the urging of any defense to the claim subsequently filed, nor shall the filing of a statement of controversion preclude the urging of additional defenses to those contained in the statement of controversion. (b) (1) If an employer is unable to obtain sufficient medical information as to the alleged injury or death within fifteen (15) days following receipt of notice, although the employer has acted in good faith and with all due diligence, the employer may apply in writing for an extension of time for making payment of the first installment or controverting the claim. (2) This written application is to be postmarked within the fifteen-day period. (3) The commission may, in its discretion, grant the extension and fix the additional time to be allowed. (4) Filing of application for an extension shall not be deemed to be a controversion of the claim. (c) The provision in subsection (b) of this section shall not apply in cases where the physician is an employee of, on retainer with, or has a written contract to provide medical services for the employer. Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; 1981, No. 290, § 7; A.S.A. 1947, § 81-1319.

(a) (1) Each employer desiring to controvert the right to compensation shall file with the Workers' Compensation Commission on or before the fifteenth day following notice of the alleged injury or death a statement on a form prescribed by the commission that the right to compensation is controverted and the grounds therefor, the names of the claimant, employer, and carrier, if any, and the date and place of the alleged injury or death. (2) Failure to file the statement of controversion shall not preclude the urging of any defense to the claim subsequently filed, nor shall the filing of a statement of controversion preclude the urging of additional defenses to those contained in the statement of controversion.

(1) Each employer desiring to controvert the right to compensation shall file with the Workers' Compensation Commission on or before the fifteenth day following notice of the alleged injury or death a statement on a form prescribed by the commission that the right to compensation is controverted and the grounds therefor, the names of the claimant, employer, and carrier, if any, and the date and place of the alleged injury or death.

(2) Failure to file the statement of controversion shall not preclude the urging of any defense to the claim subsequently filed, nor shall the filing of a statement of controversion preclude the urging of additional defenses to those contained in the statement of controversion.

(b) (1) If an employer is unable to obtain sufficient medical information as to the alleged injury or death within fifteen (15) days following receipt of notice, although the employer has acted in good faith and with all due diligence, the employer may apply in writing for an extension of time for making payment of the first installment or controverting the claim. (2) This written application is to be postmarked within the fifteen-day period. (3) The commission may, in its discretion, grant the extension and fix the additional time to be allowed. (4) Filing of application for an extension shall not be deemed to be a controversion of the claim.

(1) If an employer is unable to obtain sufficient medical information as to the alleged injury or death within fifteen (15) days following receipt of notice, although the employer has acted in good faith and with all due diligence, the employer may apply in writing for an extension of time for making payment of the first installment or controverting the claim.

(2) This written application is to be postmarked within the fifteen-day period.

(3) The commission may, in its discretion, grant the extension and fix the additional time to be allowed.

(4) Filing of application for an extension shall not be deemed to be a controversion of the claim.

(c) The provision in subsection (b) of this section shall not apply in cases where the physician is an employee of, on retainer with, or has a written contract to provide medical services for the employer.

Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; 1981, No. 290, § 7; A.S.A. 1947, § 81-1319.
Ark. Code Ann. § 11-14-108 — AR Code / Title 11 / Chapter 14 / Section 11-14-108
Drug or alcohol use not handicap or disability - Drug or alcohol use cause for firing or failure to hire - Miscellaneous provisions
Status: in_force

(a) An employee or job applicant whose drug or alcohol test result is confirmed as positive in accordance with this section shall not by virtue of the result alone be deemed to have a handicap or disability as defined under federal, state, or local handicap and disability discrimination laws. (b) A covered employer who discharges or disciplines an employee or refuses to hire a job applicant in compliance with this section is considered to have discharged, disciplined, or refused to hire for cause. Nothing in this chapter shall be construed to amend or affect the employment-at-will doctrine. (c) No physician-patient relationship is created between an employee or job applicant and a covered employer or any person performing or evaluating a drug or alcohol test solely by the establishment, implementation, or administration of a drug or alcohol testing program. This section in no way relieves the person performing the test from responsibility for acts of negligence in performing the tests. (d) Nothing in this section shall be construed to prevent a covered employer from establishing reasonable work rules related to employee possession, use, sale, or solicitation of drugs or alcohol, including convictions for offenses relating to drugs or alcohol, and taking action based upon a violation of any of those rules. (e) This section does not operate retroactively and does not abrogate the right of an employer under state law to lawfully conduct drug or alcohol tests or implement lawful employee drug-testing programs. The provisions of this chapter shall not prohibit an employer from conducting any drug or alcohol testing of employees that is otherwise permitted by law. (f) If an employee or job applicant refuses to submit to a drug or alcohol test, the covered employer is not barred from discharging or disciplining the employee or from refusing to hire the job applicant. However, this subsection does not abrogate the rights and remedies of the employee or job applicant as otherwise provided in this section. (g) This section does not prohibit an employer from conducting medical screening or other tests required, permitted, or not disallowed by any statute, rule, or regulation for the purpose of monitoring exposure of employees to toxic or other unhealthy substances in the workplace or in the performance of job responsibilities. The screening or testing is limited to the specific substances expressly identified in the applicable statute, rule, or regulation, unless prior written consent of the employee is obtained for other tests. The screening or testing need not be in compliance with the rules adopted by the Workers' Health and Safety Division of the Workers' Compensation Commission and by the Department of Health. If applicable, such drug or alcohol testing must be specified in a collective bargaining agreement as negotiated by the appropriate certified bargaining agent before such testing is implemented. (h) No cause of action shall arise in favor of any person based upon the failure of an employer to establish a program or policy for drug or alcohol testing. Acts 1999, No. 1552, § 8.

(a) An employee or job applicant whose drug or alcohol test result is confirmed as positive in accordance with this section shall not by virtue of the result alone be deemed to have a handicap or disability as defined under federal, state, or local handicap and disability discrimination laws.

(b) A covered employer who discharges or disciplines an employee or refuses to hire a job applicant in compliance with this section is considered to have discharged, disciplined, or refused to hire for cause. Nothing in this chapter shall be construed to amend or affect the employment-at-will doctrine.

(c) No physician-patient relationship is created between an employee or job applicant and a covered employer or any person performing or evaluating a drug or alcohol test solely by the establishment, implementation, or administration of a drug or alcohol testing program. This section in no way relieves the person performing the test from responsibility for acts of negligence in performing the tests.

(d) Nothing in this section shall be construed to prevent a covered employer from establishing reasonable work rules related to employee possession, use, sale, or solicitation of drugs or alcohol, including convictions for offenses relating to drugs or alcohol, and taking action based upon a violation of any of those rules.

(e) This section does not operate retroactively and does not abrogate the right of an employer under state law to lawfully conduct drug or alcohol tests or implement lawful employee drug-testing programs. The provisions of this chapter shall not prohibit an employer from conducting any drug or alcohol testing of employees that is otherwise permitted by law.

(f) If an employee or job applicant refuses to submit to a drug or alcohol test, the covered employer is not barred from discharging or disciplining the employee or from refusing to hire the job applicant. However, this subsection does not abrogate the rights and remedies of the employee or job applicant as otherwise provided in this section.

(g) This section does not prohibit an employer from conducting medical screening or other tests required, permitted, or not disallowed by any statute, rule, or regulation for the purpose of monitoring exposure of employees to toxic or other unhealthy substances in the workplace or in the performance of job responsibilities. The screening or testing is limited to the specific substances expressly identified in the applicable statute, rule, or regulation, unless prior written consent of the employee is obtained for other tests. The screening or testing need not be in compliance with the rules adopted by the Workers' Health and Safety Division of the Workers' Compensation Commission and by the Department of Health. If applicable, such drug or alcohol testing must be specified in a collective bargaining agreement as negotiated by the appropriate certified bargaining agent before such testing is implemented.

(h) No cause of action shall arise in favor of any person based upon the failure of an employer to establish a program or policy for drug or alcohol testing.

Acts 1999, No. 1552, § 8.
Ark. Code Ann. § 11-5-402 — AR Code / Title 11 / Chapter 5 / Subchapter 4 / Section 11-5-402
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "DNA" means deoxyribonucleic acid; (2) "Employer" means employer as the term is defined in Section 3(d) of the Fair Labor Standards Act of 1938; (3) (A) "Genetic information" means information derived from the results of a genetic test. (B) "Genetic information" shall not include: (i) Family history; (ii) Results of a routine physical examination or test; (iii) Results of a chemical, blood, or urine analysis; (iv) Results of a test to determine drug use; (v) Results of a test for the presence of the human immunodeficiency virus; or (vi) Results of any other test commonly accepted in clinical practice at the time it is ordered by the insurer; (4) (A) "Genetic test" means a laboratory test of the DNA, RNA, or chromosomes of an individual for the purpose of identifying the presence or absence of inherited alterations in the DNA, RNA, or chromosomes that cause a predisposition for a clinically recognized disease or disorder. (B) "Genetic test" shall not include: (i) A routine physical examination or a routine test performed as a part of a physical examination; (ii) A chemical, blood, or urine analysis; (iii) A test to determine drug use; (iv) A test for the presence of the human immunodeficiency virus; or (v) Any other test commonly accepted in clinical practice at the time it is ordered by the insurer; and (5) "RNA" means ribonucleic acid. Acts 2001, No. 1407, § 1.

As used in this subchapter, unless the context otherwise requires:

(1) "DNA" means deoxyribonucleic acid;

(2) "Employer" means employer as the term is defined in Section 3(d) of the Fair Labor Standards Act of 1938;

(3) (A) "Genetic information" means information derived from the results of a genetic test. (B) "Genetic information" shall not include: (i) Family history; (ii) Results of a routine physical examination or test; (iii) Results of a chemical, blood, or urine analysis; (iv) Results of a test to determine drug use; (v) Results of a test for the presence of the human immunodeficiency virus; or (vi) Results of any other test commonly accepted in clinical practice at the time it is ordered by the insurer;

(A) "Genetic information" means information derived from the results of a genetic test.

(B) "Genetic information" shall not include: (i) Family history; (ii) Results of a routine physical examination or test; (iii) Results of a chemical, blood, or urine analysis; (iv) Results of a test to determine drug use; (v) Results of a test for the presence of the human immunodeficiency virus; or (vi) Results of any other test commonly accepted in clinical practice at the time it is ordered by the insurer;

(i) Family history;

(ii) Results of a routine physical examination or test;

(iii) Results of a chemical, blood, or urine analysis;

(iv) Results of a test to determine drug use;

(v) Results of a test for the presence of the human immunodeficiency virus; or

(vi) Results of any other test commonly accepted in clinical practice at the time it is ordered by the insurer;

(4) (A) "Genetic test" means a laboratory test of the DNA, RNA, or chromosomes of an individual for the purpose of identifying the presence or absence of inherited alterations in the DNA, RNA, or chromosomes that cause a predisposition for a clinically recognized disease or disorder. (B) "Genetic test" shall not include: (i) A routine physical examination or a routine test performed as a part of a physical examination; (ii) A chemical, blood, or urine analysis; (iii) A test to determine drug use; (iv) A test for the presence of the human immunodeficiency virus; or (v) Any other test commonly accepted in clinical practice at the time it is ordered by the insurer; and

(A) "Genetic test" means a laboratory test of the DNA, RNA, or chromosomes of an individual for the purpose of identifying the presence or absence of inherited alterations in the DNA, RNA, or chromosomes that cause a predisposition for a clinically recognized disease or disorder.

(B) "Genetic test" shall not include: (i) A routine physical examination or a routine test performed as a part of a physical examination; (ii) A chemical, blood, or urine analysis; (iii) A test to determine drug use; (iv) A test for the presence of the human immunodeficiency virus; or (v) Any other test commonly accepted in clinical practice at the time it is ordered by the insurer; and

(i) A routine physical examination or a routine test performed as a part of a physical examination;

(ii) A chemical, blood, or urine analysis;

(iii) A test to determine drug use;

(iv) A test for the presence of the human immunodeficiency virus; or

(v) Any other test commonly accepted in clinical practice at the time it is ordered by the insurer; and

(5) "RNA" means ribonucleic acid.

Acts 2001, No. 1407, § 1.
Ark. Code Ann. § 11-5-101 — AR Code / Title 11 / Chapter 5 / Subchapter 1 / Section 11-5-101
Suitable temperature, humidity, and air space required
Status: in_force

(a) In every factory, mill, workshop, mercantile establishment, laundry, or other establishment, adequate measures shall be taken for securing and maintaining a reasonable, and as far as possible, an equable temperature consistent with the reasonable requirements of the manufacturing process. (b) No unnecessary humidity which would jeopardize the health of employees shall be permitted. (c) In every room, apartment, or building used as a factory, mill, workshop, mercantile establishment, laundry, or other place of employment, sufficient air space shall be provided for every employee which in the judgment of the Director of the Division of Labor or of his or her deputies and inspectors is sufficient for the employees' health and welfare. Amended by Act 2019, No. 910,§ 5329, eff. 7/1/2019. Acts 1937, No. 323, § 1; Pope's Dig., § 6469; A.S.A. 1947, § 81-401.

(a) In every factory, mill, workshop, mercantile establishment, laundry, or other establishment, adequate measures shall be taken for securing and maintaining a reasonable, and as far as possible, an equable temperature consistent with the reasonable requirements of the manufacturing process.

(b) No unnecessary humidity which would jeopardize the health of employees shall be permitted.

(c) In every room, apartment, or building used as a factory, mill, workshop, mercantile establishment, laundry, or other place of employment, sufficient air space shall be provided for every employee which in the judgment of the Director of the Division of Labor or of his or her deputies and inspectors is sufficient for the employees' health and welfare.

Amended by Act 2019, No. 910,§ 5329, eff. 7/1/2019.

Acts 1937, No. 323, § 1; Pope's Dig., § 6469; A.S.A. 1947, § 81-401.