Ark. Code Ann. § 11-11-223 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-223
Judicial review of director's administrative orders
Status: in_force

(a) If the Director of the Division of Labor refuses to grant a license, suspends or revokes a license that has been granted, or imposes an administrative fine as provided in §§ 11-11-213 , 11-11-221 , and 11-11-222 , the person adversely affected or aggrieved by the order of the director issued pursuant to the provisions of §§ 11-11-221 and 11-11-222 may obtain a review of the order. (b) The order may be brought in the circuit court in the judicial district in which the violation is alleged to have occurred, where the employment agent, manager, or counselor worked, or in the Pulaski County Circuit Court or, if the aggrieved person is a nonresident of the state, in the Pulaski County Circuit Court. (c) (1) The review may be obtained by filing in the court within thirty (30) days following the issuance of the order a written petition praying that the order be modified or set aside. (2) (A) A copy of the petition shall be forthwith transmitted by the clerk of the court to the Division of Labor. (B) Thereupon, the division shall file in the court the record of proceedings before the division. (d) Upon the filing, the court shall have jurisdiction of the proceedings and of the questions determined therein and shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter upon the pleadings, testimony, and proceedings set forth in the record a decree affirming, modifying, or setting aside, in whole or in part, the order of the director and enforcing the same to the extent that the order is affirmed. (e) Commencement of proceedings under this section shall not, unless ordered by the court, operate as a stay of the order of the director. (f) (1) No objection which has not been urged before the director shall be considered by the court. (2) The findings of the director with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. (g) (1) If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the hearing before the director, the court may order the additional evidence to be taken before the director and made a part of the record. (2) (A) The director may modify his or her findings as to the facts or make new findings, by reason of additional evidence so taken and filed, and the director shall file the modified or new findings with the court. (B) The findings with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. (h) Upon the filing of the record with it, the jurisdiction of the court shall be exclusive, and its judgment and decree shall be final, except that it shall be subject to review by the Supreme Court. (i) (1) The division shall certify the record of its proceedings if the party commencing the proceedings shall pay to it the cost of preparing and certifying the records, including the recording and transcribing of all testimony introduced in the proceedings. (2) If payment of the costs of preparing and certifying the records, including the recording and transcribing of all testimony introduced in the proceedings, is not made by the party commencing the proceedings for review within ten (10) days after notice from the division of the cost of preparing and certifying the record, the circuit court in which the proceeding is pending, on motion of the director, shall dismiss the petition. Amended by Act 2019, No. 910,§ 5393, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5392, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5391, eff. 7/1/2019. Acts 1975, No. 493, § 14; A.S.A. 1947, § 81-1026.

(a) If the Director of the Division of Labor refuses to grant a license, suspends or revokes a license that has been granted, or imposes an administrative fine as provided in §§ 11-11-213 , 11-11-221 , and 11-11-222 , the person adversely affected or aggrieved by the order of the director issued pursuant to the provisions of §§ 11-11-221 and 11-11-222 may obtain a review of the order.

(b) The order may be brought in the circuit court in the judicial district in which the violation is alleged to have occurred, where the employment agent, manager, or counselor worked, or in the Pulaski County Circuit Court or, if the aggrieved person is a nonresident of the state, in the Pulaski County Circuit Court.

(c) (1) The review may be obtained by filing in the court within thirty (30) days following the issuance of the order a written petition praying that the order be modified or set aside. (2) (A) A copy of the petition shall be forthwith transmitted by the clerk of the court to the Division of Labor. (B) Thereupon, the division shall file in the court the record of proceedings before the division.

(1) The review may be obtained by filing in the court within thirty (30) days following the issuance of the order a written petition praying that the order be modified or set aside.

(2) (A) A copy of the petition shall be forthwith transmitted by the clerk of the court to the Division of Labor. (B) Thereupon, the division shall file in the court the record of proceedings before the division.

(A) A copy of the petition shall be forthwith transmitted by the clerk of the court to the Division of Labor.

(B) Thereupon, the division shall file in the court the record of proceedings before the division.

(d) Upon the filing, the court shall have jurisdiction of the proceedings and of the questions determined therein and shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter upon the pleadings, testimony, and proceedings set forth in the record a decree affirming, modifying, or setting aside, in whole or in part, the order of the director and enforcing the same to the extent that the order is affirmed.

(e) Commencement of proceedings under this section shall not, unless ordered by the court, operate as a stay of the order of the director.

(f) (1) No objection which has not been urged before the director shall be considered by the court. (2) The findings of the director with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.

(1) No objection which has not been urged before the director shall be considered by the court.

(2) The findings of the director with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.

(g) (1) If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the hearing before the director, the court may order the additional evidence to be taken before the director and made a part of the record. (2) (A) The director may modify his or her findings as to the facts or make new findings, by reason of additional evidence so taken and filed, and the director shall file the modified or new findings with the court. (B) The findings with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.

(1) If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the hearing before the director, the court may order the additional evidence to be taken before the director and made a part of the record.

(2) (A) The director may modify his or her findings as to the facts or make new findings, by reason of additional evidence so taken and filed, and the director shall file the modified or new findings with the court. (B) The findings with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.

(A) The director may modify his or her findings as to the facts or make new findings, by reason of additional evidence so taken and filed, and the director shall file the modified or new findings with the court.

(B) The findings with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.

(h) Upon the filing of the record with it, the jurisdiction of the court shall be exclusive, and its judgment and decree shall be final, except that it shall be subject to review by the Supreme Court.

(i) (1) The division shall certify the record of its proceedings if the party commencing the proceedings shall pay to it the cost of preparing and certifying the records, including the recording and transcribing of all testimony introduced in the proceedings. (2) If payment of the costs of preparing and certifying the records, including the recording and transcribing of all testimony introduced in the proceedings, is not made by the party commencing the proceedings for review within ten (10) days after notice from the division of the cost of preparing and certifying the record, the circuit court in which the proceeding is pending, on motion of the director, shall dismiss the petition.

(1) The division shall certify the record of its proceedings if the party commencing the proceedings shall pay to it the cost of preparing and certifying the records, including the recording and transcribing of all testimony introduced in the proceedings.

(2) If payment of the costs of preparing and certifying the records, including the recording and transcribing of all testimony introduced in the proceedings, is not made by the party commencing the proceedings for review within ten (10) days after notice from the division of the cost of preparing and certifying the record, the circuit court in which the proceeding is pending, on motion of the director, shall dismiss the petition.

Amended by Act 2019, No. 910,§ 5393, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5392, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5391, eff. 7/1/2019.

Acts 1975, No. 493, § 14; A.S.A. 1947, § 81-1026.
Ark. Code Ann. § 11-10-215 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-215
Wages
Status: in_force

(a) (1) As used in this chapter, "wages" means all remuneration paid for personal services, including without limitation, commissions, bonuses, cash value of all remuneration paid in any medium other than cash, the value of which shall be estimated and determined in accordance with rules prescribed by the Director of the Division of Workforce Services, and tips received while performing services which constitute employment and which are included in a written statement furnished to the employer pursuant to 26 U.S.C. § 6053(a) . (2) "Wages" does not include: (A) (i) For the purposes of §§ 11-10-701 - 11-10-715 : (a) That part of remuneration paid to an individual by an employer with respect to employment during any calendar year beginning after December 31, 2003, and ending December 31, 2009, which exceeds ten thousand dollars ($10,000); (b) For any calendar year beginning after December 31, 2009, that part of remuneration which exceeds twelve thousand dollars ($12,000); (c) For a calendar year beginning after December 31, 2017, that part of remuneration that exceeds ten thousand dollars ($10,000); (d) For a calendar year beginning after December 31, 2019: (1) Except as provided under subdivisions (a)(2)(A)(i) (d)(2) and (3) of this section, if the average seasonal unadjusted insured unemployment rate, as reported by the United States Department of Labor, for completed weeks during the period of July 1 through June 30 of the most recently completed state fiscal year is: (A) Zero percent (0%) to one percent (1%), then that part of remuneration that exceeds seven thousand dollars ($7,000), unless that part of the remuneration is subject to a tax under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then the new federal taxable wage base shall be the new minimum amount under this subdivision (a)(2)(A)(i) (d)(1)(A) ; (B) One and one hundredths of a percent (1.01%) to one and forty-nine hundredths of a percent (1.49%), then that part of remuneration that exceeds eight thousand dollars ($8,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is one thousand dollars ($1,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; (C) One and one-half percent (1.5%) to two and nineteen hundredths of a percent (2.19%), then that part of remuneration that exceeds nine thousand dollars ($9,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is two thousand dollars ($2,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; or (D) Two and twenty hundredths of a percent (2.20%) or greater, then that part of remuneration that exceeds ten thousand dollars ($10,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is three thousand dollars ($3,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; (2) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred million dollars ($200,000,000) and the balance of the unemployment insurance trust fund is less than six hundred million dollars ($600,000,000), then that part of remuneration that exceeds eleven thousand dollars ($11,000); or (3) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred fifty million dollars ($250,000,000) and the balance of the unemployment insurance trust fund is less than four hundred million dollars ($400,000,000), then that part of remuneration that exceeds twelve thousand dollars ($12,000); (e) For the rate year beginning January 1, 2022, and ending December 31, 2022, "wages" shall not include the amount of remuneration that exceeds the lesser of: (1) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1) - (3) of this section; or (2) Ten thousand dollars ($10,000); (f) For a calendar year beginning on or after January 1, 2024, "wages" shall not include remuneration that exceeds the lesser of: (1) Seven thousand dollars ($7,000) but only if as of June 30 of the most recently completed state fiscal year the balance of the unemployment insurance trust fund is in excess of six hundred million dollars ($600,000,000); or (2) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1)-(3) of this section; and (g) For any calendar year beginning after December 31, 2023, when calculating the amount to determine remuneration constituting wages, then the amount that is included as wages shall not exceed the sum of two thousand dollars ($2,000) and the amount applicable to the immediately preceding calendar year. (ii) For the purposes of this subsection: (a) Wages paid within a calendar year by a predecessor employer may be counted as though paid by a successor as defined in §§ 11-10-701 - 11-10-715 ; and (b) The term "employment" includes services constituting employment under any unemployment insurance law of another state; (B) The amount of any payment, with respect to services made to, or on behalf of, an individual in its employ under a plan or system established by an employing unit which makes provision for its employees, or for its employees and their dependents, including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any payment, on account of: (i) Retirement; (ii) (a) Sickness or accident disability, except payments made directly to the employee or his or her dependents. (b) However, payments made directly to an employee or his or her dependents under a workers' compensation law shall not be considered to be "wages"; (iii) Medical and hospitalization expenses in connection with sickness or accident disability; or (iv) Death, provided the individual in its employ does not have the: (a) Option to receive, instead of provision for the death benefit, any part of the payment, or, if the death benefit is insured, any part of the premiums or contributions to premiums paid by his or her employing unit; and (b) Right, under the provisions of the plan or system or policy of insurance providing for the death benefit, to assign the benefit or to receive cash consideration in lieu of the benefit either upon his or her withdrawal from the plan or system providing for the benefit or upon termination of the plan or system or policy of insurance or of his or her services with the employing unit; (C) The payment by an employing unit, without deduction from the remuneration of the individual in its employ, of the tax imposed by the Federal Insurance Contributions Act upon an individual in its employ with respect to services performed; (D) Payments made by an employer under a cafeteria plan, within the meaning of 26 U.S.C. § 125 , if the payment would not be treated as wages without regard to the plan and it is reasonable to believe that, if 26 U.S.C. § 125 applied for purposes of this section, 26 U.S.C. § 125 would not treat any wages as constructively received; or (E) Fees paid to corporate directors. (b) Except as otherwise provided in rules prescribed by the Director of the Division of Workforce Services, any third party which makes a sickness or accident disability payment which is defined in this section as wages shall be treated for purposes of this section and §§ 11-10-701 - 11-10-715 as the employer with respect to the wages. (c) Nothing in this section, except subdivision (a)(1) of this section, shall exclude from the term "wages": (1) Any employer contribution under a qualified cash or deferred arrangement, as defined in section 401(k) of the Internal Revenue Code; or (2) Any amount treated as an employer contribution under section 414(h)(2) of the Internal Revenue Code. (d) Any amount deferred under a deferred compensation plan shall be treated as wages when the services for which compensation is deferred are performed. Amended by Act 2023, No. 196,§ 1, eff. 3/6/2023. Amended by Act 2021, No. 368,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 806, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 805, eff. 7/24/2019. Amended by Act 2019, No. 512,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 185, eff. 7/1/2019. Amended by Act 2017, No. 734,§ 2, eff. 8/1/2017. Acts 1941, No. 391, § 2; 1943, No. 138, §§ 24, 25; 1947, No. 398, § 1; 1949, No. 155, § 2; 1955, No. 395, § 4; 1971, No. 35, § 5; 1975 (Extended Sess., 1976), No. 1083, § 4; 1977, No. 366, § 4; 1981, No. 43, § 1; 1983, No. 482, § 5; 1985, No. 8, § 2; 1985, No. 9, § 2; A.S.A. 1947, § 81-1103; reen. Acts 1987, No. 672, § 3; Acts 1987, No. 753, §§ 3, 4; 1989, No. 420, §§ 1, 2; 1993, No. 6, § 2; 1995, No. 519, § 1; 2003, No. 353, § 1; 2009, No. 802, § 2.

(a) (1) As used in this chapter, "wages" means all remuneration paid for personal services, including without limitation, commissions, bonuses, cash value of all remuneration paid in any medium other than cash, the value of which shall be estimated and determined in accordance with rules prescribed by the Director of the Division of Workforce Services, and tips received while performing services which constitute employment and which are included in a written statement furnished to the employer pursuant to 26 U.S.C. § 6053(a) . (2) "Wages" does not include: (A) (i) For the purposes of §§ 11-10-701 - 11-10-715 : (a) That part of remuneration paid to an individual by an employer with respect to employment during any calendar year beginning after December 31, 2003, and ending December 31, 2009, which exceeds ten thousand dollars ($10,000); (b) For any calendar year beginning after December 31, 2009, that part of remuneration which exceeds twelve thousand dollars ($12,000); (c) For a calendar year beginning after December 31, 2017, that part of remuneration that exceeds ten thousand dollars ($10,000); (d) For a calendar year beginning after December 31, 2019: (1) Except as provided under subdivisions (a)(2)(A)(i) (d)(2) and (3) of this section, if the average seasonal unadjusted insured unemployment rate, as reported by the United States Department of Labor, for completed weeks during the period of July 1 through June 30 of the most recently completed state fiscal year is: (A) Zero percent (0%) to one percent (1%), then that part of remuneration that exceeds seven thousand dollars ($7,000), unless that part of the remuneration is subject to a tax under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then the new federal taxable wage base shall be the new minimum amount under this subdivision (a)(2)(A)(i) (d)(1)(A) ; (B) One and one hundredths of a percent (1.01%) to one and forty-nine hundredths of a percent (1.49%), then that part of remuneration that exceeds eight thousand dollars ($8,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is one thousand dollars ($1,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; (C) One and one-half percent (1.5%) to two and nineteen hundredths of a percent (2.19%), then that part of remuneration that exceeds nine thousand dollars ($9,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is two thousand dollars ($2,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; or (D) Two and twenty hundredths of a percent (2.20%) or greater, then that part of remuneration that exceeds ten thousand dollars ($10,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is three thousand dollars ($3,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; (2) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred million dollars ($200,000,000) and the balance of the unemployment insurance trust fund is less than six hundred million dollars ($600,000,000), then that part of remuneration that exceeds eleven thousand dollars ($11,000); or (3) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred fifty million dollars ($250,000,000) and the balance of the unemployment insurance trust fund is less than four hundred million dollars ($400,000,000), then that part of remuneration that exceeds twelve thousand dollars ($12,000); (e) For the rate year beginning January 1, 2022, and ending December 31, 2022, "wages" shall not include the amount of remuneration that exceeds the lesser of: (1) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1) - (3) of this section; or (2) Ten thousand dollars ($10,000); (f) For a calendar year beginning on or after January 1, 2024, "wages" shall not include remuneration that exceeds the lesser of: (1) Seven thousand dollars ($7,000) but only if as of June 30 of the most recently completed state fiscal year the balance of the unemployment insurance trust fund is in excess of six hundred million dollars ($600,000,000); or (2) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1)-(3) of this section; and (g) For any calendar year beginning after December 31, 2023, when calculating the amount to determine remuneration constituting wages, then the amount that is included as wages shall not exceed the sum of two thousand dollars ($2,000) and the amount applicable to the immediately preceding calendar year. (ii) For the purposes of this subsection: (a) Wages paid within a calendar year by a predecessor employer may be counted as though paid by a successor as defined in §§ 11-10-701 - 11-10-715 ; and (b) The term "employment" includes services constituting employment under any unemployment insurance law of another state; (B) The amount of any payment, with respect to services made to, or on behalf of, an individual in its employ under a plan or system established by an employing unit which makes provision for its employees, or for its employees and their dependents, including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any payment, on account of: (i) Retirement; (ii) (a) Sickness or accident disability, except payments made directly to the employee or his or her dependents. (b) However, payments made directly to an employee or his or her dependents under a workers' compensation law shall not be considered to be "wages"; (iii) Medical and hospitalization expenses in connection with sickness or accident disability; or (iv) Death, provided the individual in its employ does not have the: (a) Option to receive, instead of provision for the death benefit, any part of the payment, or, if the death benefit is insured, any part of the premiums or contributions to premiums paid by his or her employing unit; and (b) Right, under the provisions of the plan or system or policy of insurance providing for the death benefit, to assign the benefit or to receive cash consideration in lieu of the benefit either upon his or her withdrawal from the plan or system providing for the benefit or upon termination of the plan or system or policy of insurance or of his or her services with the employing unit; (C) The payment by an employing unit, without deduction from the remuneration of the individual in its employ, of the tax imposed by the Federal Insurance Contributions Act upon an individual in its employ with respect to services performed; (D) Payments made by an employer under a cafeteria plan, within the meaning of 26 U.S.C. § 125 , if the payment would not be treated as wages without regard to the plan and it is reasonable to believe that, if 26 U.S.C. § 125 applied for purposes of this section, 26 U.S.C. § 125 would not treat any wages as constructively received; or (E) Fees paid to corporate directors.

(1) As used in this chapter, "wages" means all remuneration paid for personal services, including without limitation, commissions, bonuses, cash value of all remuneration paid in any medium other than cash, the value of which shall be estimated and determined in accordance with rules prescribed by the Director of the Division of Workforce Services, and tips received while performing services which constitute employment and which are included in a written statement furnished to the employer pursuant to 26 U.S.C. § 6053(a) .

(2) "Wages" does not include: (A) (i) For the purposes of §§ 11-10-701 - 11-10-715 : (a) That part of remuneration paid to an individual by an employer with respect to employment during any calendar year beginning after December 31, 2003, and ending December 31, 2009, which exceeds ten thousand dollars ($10,000); (b) For any calendar year beginning after December 31, 2009, that part of remuneration which exceeds twelve thousand dollars ($12,000); (c) For a calendar year beginning after December 31, 2017, that part of remuneration that exceeds ten thousand dollars ($10,000); (d) For a calendar year beginning after December 31, 2019: (1) Except as provided under subdivisions (a)(2)(A)(i) (d)(2) and (3) of this section, if the average seasonal unadjusted insured unemployment rate, as reported by the United States Department of Labor, for completed weeks during the period of July 1 through June 30 of the most recently completed state fiscal year is: (A) Zero percent (0%) to one percent (1%), then that part of remuneration that exceeds seven thousand dollars ($7,000), unless that part of the remuneration is subject to a tax under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then the new federal taxable wage base shall be the new minimum amount under this subdivision (a)(2)(A)(i) (d)(1)(A) ; (B) One and one hundredths of a percent (1.01%) to one and forty-nine hundredths of a percent (1.49%), then that part of remuneration that exceeds eight thousand dollars ($8,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is one thousand dollars ($1,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; (C) One and one-half percent (1.5%) to two and nineteen hundredths of a percent (2.19%), then that part of remuneration that exceeds nine thousand dollars ($9,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is two thousand dollars ($2,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; or (D) Two and twenty hundredths of a percent (2.20%) or greater, then that part of remuneration that exceeds ten thousand dollars ($10,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is three thousand dollars ($3,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; (2) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred million dollars ($200,000,000) and the balance of the unemployment insurance trust fund is less than six hundred million dollars ($600,000,000), then that part of remuneration that exceeds eleven thousand dollars ($11,000); or (3) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred fifty million dollars ($250,000,000) and the balance of the unemployment insurance trust fund is less than four hundred million dollars ($400,000,000), then that part of remuneration that exceeds twelve thousand dollars ($12,000); (e) For the rate year beginning January 1, 2022, and ending December 31, 2022, "wages" shall not include the amount of remuneration that exceeds the lesser of: (1) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1) - (3) of this section; or (2) Ten thousand dollars ($10,000); (f) For a calendar year beginning on or after January 1, 2024, "wages" shall not include remuneration that exceeds the lesser of: (1) Seven thousand dollars ($7,000) but only if as of June 30 of the most recently completed state fiscal year the balance of the unemployment insurance trust fund is in excess of six hundred million dollars ($600,000,000); or (2) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1)-(3) of this section; and (g) For any calendar year beginning after December 31, 2023, when calculating the amount to determine remuneration constituting wages, then the amount that is included as wages shall not exceed the sum of two thousand dollars ($2,000) and the amount applicable to the immediately preceding calendar year. (ii) For the purposes of this subsection: (a) Wages paid within a calendar year by a predecessor employer may be counted as though paid by a successor as defined in §§ 11-10-701 - 11-10-715 ; and (b) The term "employment" includes services constituting employment under any unemployment insurance law of another state; (B) The amount of any payment, with respect to services made to, or on behalf of, an individual in its employ under a plan or system established by an employing unit which makes provision for its employees, or for its employees and their dependents, including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any payment, on account of: (i) Retirement; (ii) (a) Sickness or accident disability, except payments made directly to the employee or his or her dependents. (b) However, payments made directly to an employee or his or her dependents under a workers' compensation law shall not be considered to be "wages"; (iii) Medical and hospitalization expenses in connection with sickness or accident disability; or (iv) Death, provided the individual in its employ does not have the: (a) Option to receive, instead of provision for the death benefit, any part of the payment, or, if the death benefit is insured, any part of the premiums or contributions to premiums paid by his or her employing unit; and (b) Right, under the provisions of the plan or system or policy of insurance providing for the death benefit, to assign the benefit or to receive cash consideration in lieu of the benefit either upon his or her withdrawal from the plan or system providing for the benefit or upon termination of the plan or system or policy of insurance or of his or her services with the employing unit; (C) The payment by an employing unit, without deduction from the remuneration of the individual in its employ, of the tax imposed by the Federal Insurance Contributions Act upon an individual in its employ with respect to services performed; (D) Payments made by an employer under a cafeteria plan, within the meaning of 26 U.S.C. § 125 , if the payment would not be treated as wages without regard to the plan and it is reasonable to believe that, if 26 U.S.C. § 125 applied for purposes of this section, 26 U.S.C. § 125 would not treat any wages as constructively received; or (E) Fees paid to corporate directors.

(A) (i) For the purposes of §§ 11-10-701 - 11-10-715 : (a) That part of remuneration paid to an individual by an employer with respect to employment during any calendar year beginning after December 31, 2003, and ending December 31, 2009, which exceeds ten thousand dollars ($10,000); (b) For any calendar year beginning after December 31, 2009, that part of remuneration which exceeds twelve thousand dollars ($12,000); (c) For a calendar year beginning after December 31, 2017, that part of remuneration that exceeds ten thousand dollars ($10,000); (d) For a calendar year beginning after December 31, 2019: (1) Except as provided under subdivisions (a)(2)(A)(i) (d)(2) and (3) of this section, if the average seasonal unadjusted insured unemployment rate, as reported by the United States Department of Labor, for completed weeks during the period of July 1 through June 30 of the most recently completed state fiscal year is: (A) Zero percent (0%) to one percent (1%), then that part of remuneration that exceeds seven thousand dollars ($7,000), unless that part of the remuneration is subject to a tax under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then the new federal taxable wage base shall be the new minimum amount under this subdivision (a)(2)(A)(i) (d)(1)(A) ; (B) One and one hundredths of a percent (1.01%) to one and forty-nine hundredths of a percent (1.49%), then that part of remuneration that exceeds eight thousand dollars ($8,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is one thousand dollars ($1,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; (C) One and one-half percent (1.5%) to two and nineteen hundredths of a percent (2.19%), then that part of remuneration that exceeds nine thousand dollars ($9,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is two thousand dollars ($2,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; or (D) Two and twenty hundredths of a percent (2.20%) or greater, then that part of remuneration that exceeds ten thousand dollars ($10,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is three thousand dollars ($3,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; (2) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred million dollars ($200,000,000) and the balance of the unemployment insurance trust fund is less than six hundred million dollars ($600,000,000), then that part of remuneration that exceeds eleven thousand dollars ($11,000); or (3) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred fifty million dollars ($250,000,000) and the balance of the unemployment insurance trust fund is less than four hundred million dollars ($400,000,000), then that part of remuneration that exceeds twelve thousand dollars ($12,000); (e) For the rate year beginning January 1, 2022, and ending December 31, 2022, "wages" shall not include the amount of remuneration that exceeds the lesser of: (1) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1) - (3) of this section; or (2) Ten thousand dollars ($10,000); (f) For a calendar year beginning on or after January 1, 2024, "wages" shall not include remuneration that exceeds the lesser of: (1) Seven thousand dollars ($7,000) but only if as of June 30 of the most recently completed state fiscal year the balance of the unemployment insurance trust fund is in excess of six hundred million dollars ($600,000,000); or (2) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1)-(3) of this section; and (g) For any calendar year beginning after December 31, 2023, when calculating the amount to determine remuneration constituting wages, then the amount that is included as wages shall not exceed the sum of two thousand dollars ($2,000) and the amount applicable to the immediately preceding calendar year. (ii) For the purposes of this subsection: (a) Wages paid within a calendar year by a predecessor employer may be counted as though paid by a successor as defined in §§ 11-10-701 - 11-10-715 ; and (b) The term "employment" includes services constituting employment under any unemployment insurance law of another state;

(i) For the purposes of §§ 11-10-701 - 11-10-715 : (a) That part of remuneration paid to an individual by an employer with respect to employment during any calendar year beginning after December 31, 2003, and ending December 31, 2009, which exceeds ten thousand dollars ($10,000); (b) For any calendar year beginning after December 31, 2009, that part of remuneration which exceeds twelve thousand dollars ($12,000); (c) For a calendar year beginning after December 31, 2017, that part of remuneration that exceeds ten thousand dollars ($10,000); (d) For a calendar year beginning after December 31, 2019: (1) Except as provided under subdivisions (a)(2)(A)(i) (d)(2) and (3) of this section, if the average seasonal unadjusted insured unemployment rate, as reported by the United States Department of Labor, for completed weeks during the period of July 1 through June 30 of the most recently completed state fiscal year is: (A) Zero percent (0%) to one percent (1%), then that part of remuneration that exceeds seven thousand dollars ($7,000), unless that part of the remuneration is subject to a tax under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then the new federal taxable wage base shall be the new minimum amount under this subdivision (a)(2)(A)(i) (d)(1)(A) ; (B) One and one hundredths of a percent (1.01%) to one and forty-nine hundredths of a percent (1.49%), then that part of remuneration that exceeds eight thousand dollars ($8,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is one thousand dollars ($1,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; (C) One and one-half percent (1.5%) to two and nineteen hundredths of a percent (2.19%), then that part of remuneration that exceeds nine thousand dollars ($9,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is two thousand dollars ($2,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; or (D) Two and twenty hundredths of a percent (2.20%) or greater, then that part of remuneration that exceeds ten thousand dollars ($10,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is three thousand dollars ($3,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; (2) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred million dollars ($200,000,000) and the balance of the unemployment insurance trust fund is less than six hundred million dollars ($600,000,000), then that part of remuneration that exceeds eleven thousand dollars ($11,000); or (3) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred fifty million dollars ($250,000,000) and the balance of the unemployment insurance trust fund is less than four hundred million dollars ($400,000,000), then that part of remuneration that exceeds twelve thousand dollars ($12,000); (e) For the rate year beginning January 1, 2022, and ending December 31, 2022, "wages" shall not include the amount of remuneration that exceeds the lesser of: (1) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1) - (3) of this section; or (2) Ten thousand dollars ($10,000); (f) For a calendar year beginning on or after January 1, 2024, "wages" shall not include remuneration that exceeds the lesser of: (1) Seven thousand dollars ($7,000) but only if as of June 30 of the most recently completed state fiscal year the balance of the unemployment insurance trust fund is in excess of six hundred million dollars ($600,000,000); or (2) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1)-(3) of this section; and (g) For any calendar year beginning after December 31, 2023, when calculating the amount to determine remuneration constituting wages, then the amount that is included as wages shall not exceed the sum of two thousand dollars ($2,000) and the amount applicable to the immediately preceding calendar year.

(a) That part of remuneration paid to an individual by an employer with respect to employment during any calendar year beginning after December 31, 2003, and ending December 31, 2009, which exceeds ten thousand dollars ($10,000);

(b) For any calendar year beginning after December 31, 2009, that part of remuneration which exceeds twelve thousand dollars ($12,000);

(c) For a calendar year beginning after December 31, 2017, that part of remuneration that exceeds ten thousand dollars ($10,000);

(d) For a calendar year beginning after December 31, 2019: (1) Except as provided under subdivisions (a)(2)(A)(i) (d)(2) and (3) of this section, if the average seasonal unadjusted insured unemployment rate, as reported by the United States Department of Labor, for completed weeks during the period of July 1 through June 30 of the most recently completed state fiscal year is: (A) Zero percent (0%) to one percent (1%), then that part of remuneration that exceeds seven thousand dollars ($7,000), unless that part of the remuneration is subject to a tax under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then the new federal taxable wage base shall be the new minimum amount under this subdivision (a)(2)(A)(i) (d)(1)(A) ; (B) One and one hundredths of a percent (1.01%) to one and forty-nine hundredths of a percent (1.49%), then that part of remuneration that exceeds eight thousand dollars ($8,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is one thousand dollars ($1,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; (C) One and one-half percent (1.5%) to two and nineteen hundredths of a percent (2.19%), then that part of remuneration that exceeds nine thousand dollars ($9,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is two thousand dollars ($2,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; or (D) Two and twenty hundredths of a percent (2.20%) or greater, then that part of remuneration that exceeds ten thousand dollars ($10,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is three thousand dollars ($3,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; (2) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred million dollars ($200,000,000) and the balance of the unemployment insurance trust fund is less than six hundred million dollars ($600,000,000), then that part of remuneration that exceeds eleven thousand dollars ($11,000); or (3) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred fifty million dollars ($250,000,000) and the balance of the unemployment insurance trust fund is less than four hundred million dollars ($400,000,000), then that part of remuneration that exceeds twelve thousand dollars ($12,000);

(1) Except as provided under subdivisions (a)(2)(A)(i) (d)(2) and (3) of this section, if the average seasonal unadjusted insured unemployment rate, as reported by the United States Department of Labor, for completed weeks during the period of July 1 through June 30 of the most recently completed state fiscal year is: (A) Zero percent (0%) to one percent (1%), then that part of remuneration that exceeds seven thousand dollars ($7,000), unless that part of the remuneration is subject to a tax under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then the new federal taxable wage base shall be the new minimum amount under this subdivision (a)(2)(A)(i) (d)(1)(A) ; (B) One and one hundredths of a percent (1.01%) to one and forty-nine hundredths of a percent (1.49%), then that part of remuneration that exceeds eight thousand dollars ($8,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is one thousand dollars ($1,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; (C) One and one-half percent (1.5%) to two and nineteen hundredths of a percent (2.19%), then that part of remuneration that exceeds nine thousand dollars ($9,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is two thousand dollars ($2,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; or (D) Two and twenty hundredths of a percent (2.20%) or greater, then that part of remuneration that exceeds ten thousand dollars ($10,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is three thousand dollars ($3,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section;

(A) Zero percent (0%) to one percent (1%), then that part of remuneration that exceeds seven thousand dollars ($7,000), unless that part of the remuneration is subject to a tax under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then the new federal taxable wage base shall be the new minimum amount under this subdivision (a)(2)(A)(i) (d)(1)(A) ;

(B) One and one hundredths of a percent (1.01%) to one and forty-nine hundredths of a percent (1.49%), then that part of remuneration that exceeds eight thousand dollars ($8,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is one thousand dollars ($1,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section;

(C) One and one-half percent (1.5%) to two and nineteen hundredths of a percent (2.19%), then that part of remuneration that exceeds nine thousand dollars ($9,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is two thousand dollars ($2,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section; or

(D) Two and twenty hundredths of a percent (2.20%) or greater, then that part of remuneration that exceeds ten thousand dollars ($10,000), unless under a federal law imposing the tax and against which credit may be taken for contributions required to be paid into a state unemployment fund is increased, then that part of remuneration that is three thousand dollars ($3,000) greater than the minimum amount under subdivision (a)(2)(A)(i) (d)(1)(A) of this section;

(2) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred million dollars ($200,000,000) and the balance of the unemployment insurance trust fund is less than six hundred million dollars ($600,000,000), then that part of remuneration that exceeds eleven thousand dollars ($11,000); or

(3) If, during the period of July 1 through June 30 of the most recently completed state fiscal year, disbursements from the unemployment insurance trust fund exceed two hundred fifty million dollars ($250,000,000) and the balance of the unemployment insurance trust fund is less than four hundred million dollars ($400,000,000), then that part of remuneration that exceeds twelve thousand dollars ($12,000);

(e) For the rate year beginning January 1, 2022, and ending December 31, 2022, "wages" shall not include the amount of remuneration that exceeds the lesser of: (1) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1) - (3) of this section; or (2) Ten thousand dollars ($10,000);

(1) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1) - (3) of this section; or

(2) Ten thousand dollars ($10,000);

(f) For a calendar year beginning on or after January 1, 2024, "wages" shall not include remuneration that exceeds the lesser of: (1) Seven thousand dollars ($7,000) but only if as of June 30 of the most recently completed state fiscal year the balance of the unemployment insurance trust fund is in excess of six hundred million dollars ($600,000,000); or (2) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1)-(3) of this section; and

(1) Seven thousand dollars ($7,000) but only if as of June 30 of the most recently completed state fiscal year the balance of the unemployment insurance trust fund is in excess of six hundred million dollars ($600,000,000); or

(2) The amount calculated under subdivisions (a)(2)(A)(i) (d)(1)-(3) of this section; and

(g) For any calendar year beginning after December 31, 2023, when calculating the amount to determine remuneration constituting wages, then the amount that is included as wages shall not exceed the sum of two thousand dollars ($2,000) and the amount applicable to the immediately preceding calendar year.

(ii) For the purposes of this subsection: (a) Wages paid within a calendar year by a predecessor employer may be counted as though paid by a successor as defined in §§ 11-10-701 - 11-10-715 ; and (b) The term "employment" includes services constituting employment under any unemployment insurance law of another state;

(a) Wages paid within a calendar year by a predecessor employer may be counted as though paid by a successor as defined in §§ 11-10-701 - 11-10-715 ; and

(b) The term "employment" includes services constituting employment under any unemployment insurance law of another state;

(B) The amount of any payment, with respect to services made to, or on behalf of, an individual in its employ under a plan or system established by an employing unit which makes provision for its employees, or for its employees and their dependents, including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any payment, on account of: (i) Retirement; (ii) (a) Sickness or accident disability, except payments made directly to the employee or his or her dependents. (b) However, payments made directly to an employee or his or her dependents under a workers' compensation law shall not be considered to be "wages"; (iii) Medical and hospitalization expenses in connection with sickness or accident disability; or (iv) Death, provided the individual in its employ does not have the: (a) Option to receive, instead of provision for the death benefit, any part of the payment, or, if the death benefit is insured, any part of the premiums or contributions to premiums paid by his or her employing unit; and (b) Right, under the provisions of the plan or system or policy of insurance providing for the death benefit, to assign the benefit or to receive cash consideration in lieu of the benefit either upon his or her withdrawal from the plan or system providing for the benefit or upon termination of the plan or system or policy of insurance or of his or her services with the employing unit;

(i) Retirement;

(ii) (a) Sickness or accident disability, except payments made directly to the employee or his or her dependents. (b) However, payments made directly to an employee or his or her dependents under a workers' compensation law shall not be considered to be "wages";

(a) Sickness or accident disability, except payments made directly to the employee or his or her dependents.

(b) However, payments made directly to an employee or his or her dependents under a workers' compensation law shall not be considered to be "wages";

(iii) Medical and hospitalization expenses in connection with sickness or accident disability; or

(iv) Death, provided the individual in its employ does not have the: (a) Option to receive, instead of provision for the death benefit, any part of the payment, or, if the death benefit is insured, any part of the premiums or contributions to premiums paid by his or her employing unit; and (b) Right, under the provisions of the plan or system or policy of insurance providing for the death benefit, to assign the benefit or to receive cash consideration in lieu of the benefit either upon his or her withdrawal from the plan or system providing for the benefit or upon termination of the plan or system or policy of insurance or of his or her services with the employing unit;

(a) Option to receive, instead of provision for the death benefit, any part of the payment, or, if the death benefit is insured, any part of the premiums or contributions to premiums paid by his or her employing unit; and

(b) Right, under the provisions of the plan or system or policy of insurance providing for the death benefit, to assign the benefit or to receive cash consideration in lieu of the benefit either upon his or her withdrawal from the plan or system providing for the benefit or upon termination of the plan or system or policy of insurance or of his or her services with the employing unit;

(C) The payment by an employing unit, without deduction from the remuneration of the individual in its employ, of the tax imposed by the Federal Insurance Contributions Act upon an individual in its employ with respect to services performed;

(D) Payments made by an employer under a cafeteria plan, within the meaning of 26 U.S.C. § 125 , if the payment would not be treated as wages without regard to the plan and it is reasonable to believe that, if 26 U.S.C. § 125 applied for purposes of this section, 26 U.S.C. § 125 would not treat any wages as constructively received; or

(E) Fees paid to corporate directors.

(b) Except as otherwise provided in rules prescribed by the Director of the Division of Workforce Services, any third party which makes a sickness or accident disability payment which is defined in this section as wages shall be treated for purposes of this section and §§ 11-10-701 - 11-10-715 as the employer with respect to the wages.

(c) Nothing in this section, except subdivision (a)(1) of this section, shall exclude from the term "wages": (1) Any employer contribution under a qualified cash or deferred arrangement, as defined in section 401(k) of the Internal Revenue Code; or (2) Any amount treated as an employer contribution under section 414(h)(2) of the Internal Revenue Code.

(1) Any employer contribution under a qualified cash or deferred arrangement, as defined in section 401(k) of the Internal Revenue Code; or

(2) Any amount treated as an employer contribution under section 414(h)(2) of the Internal Revenue Code.

(d) Any amount deferred under a deferred compensation plan shall be treated as wages when the services for which compensation is deferred are performed.

Amended by Act 2023, No. 196,§ 1, eff. 3/6/2023.

Amended by Act 2021, No. 368,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 806, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 805, eff. 7/24/2019.

Amended by Act 2019, No. 512,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 185, eff. 7/1/2019.

Amended by Act 2017, No. 734,§ 2, eff. 8/1/2017.

Acts 1941, No. 391, § 2; 1943, No. 138, §§ 24, 25; 1947, No. 398, § 1; 1949, No. 155, § 2; 1955, No. 395, § 4; 1971, No. 35, § 5; 1975 (Extended Sess., 1976), No. 1083, § 4; 1977, No. 366, § 4; 1981, No. 43, § 1; 1983, No. 482, § 5; 1985, No. 8, § 2; 1985, No. 9, § 2; A.S.A. 1947, § 81-1103; reen. Acts 1987, No. 672, § 3; Acts 1987, No. 753, §§ 3, 4; 1989, No. 420, §§ 1, 2; 1993, No. 6, § 2; 1995, No. 519, § 1; 2003, No. 353, § 1; 2009, No. 802, § 2.
Ark. Code Ann. § 11-4-601 — AR Code / Title 11 / Chapter 4 / Subchapter 6 / Section 11-4-601
Discrimination on the basis of sex prohibited
Status: in_force

(a) Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely on the basis of the sex of the employee. (b) An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense. Acts 1977, No. 282, §§ 1, 2; A.S.A. 1947, §§ 81-333, 81-334.

(a) Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely on the basis of the sex of the employee.

(b) An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense.

Acts 1977, No. 282, §§ 1, 2; A.S.A. 1947, §§ 81-333, 81-334.
Ark. Code Ann. § 11-11-203 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-203
Penalty
Status: in_force

(a) The Director of the Division of Labor shall have authority to impose a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) for violation of the provisions of this subchapter by an employment agency or its employees or agents. (b) The director shall notify the employment agency in writing of the reasons for imposition of a fine and at that time shall make available to the employment agency a signed written statement by any individual having filed a complaint with the director relative to the matter for which a fine has been imposed by the director. (c) The agency shall have the right to a hearing before the director and the right to judicial review provided by § 11-11-223 with respect to the fine. Amended by Act 2019, No. 910,§ 5369, eff. 7/1/2019. Acts 1975, No. 493, § 9; A.S.A. 1947, § 81-1021.

(a) The Director of the Division of Labor shall have authority to impose a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) for violation of the provisions of this subchapter by an employment agency or its employees or agents.

(b) The director shall notify the employment agency in writing of the reasons for imposition of a fine and at that time shall make available to the employment agency a signed written statement by any individual having filed a complaint with the director relative to the matter for which a fine has been imposed by the director.

(c) The agency shall have the right to a hearing before the director and the right to judicial review provided by § 11-11-223 with respect to the fine.

Amended by Act 2019, No. 910,§ 5369, eff. 7/1/2019.

Acts 1975, No. 493, § 9; A.S.A. 1947, § 81-1021.
Ark. Code Ann. § 11-11-225 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-225
Miscellaneous restrictions and requirements
Status: in_force

In addition to other provisions of this subchapter, the following provisions shall govern each and every employment agency: (1) Every employment agent or agency shall display his, her, or its license in a conspicuous place in the main office of the agency. Managers and counselors shall display their licenses in a conspicuous place in their offices or work areas; (2) (A) All advertising by an employment agency of any form or kind shall include the words "employment agency" or "personnel agency". (B) Advertising for an employment position with the agency itself shall clearly convey the information that the job position offered is with the employment agency publishing the advertisement; (3) No employment agency or its agents or employees shall receive or require any applicant to execute any power of attorney, assignment of wages or salary, or note authorizing the confession of judgment; (4) No employment agent, by himself or herself, or by his or her agents or employees, shall solicit, persuade, or induce any employee to leave any employment in which the employment agent or his or her agent has placed the employee, nor shall any employment agency or any of its agents or employees solicit, persuade, or induce any employer to discharge any employee, nor shall any employment agent, or his or her agents or employees, divide or offer to divide or share directly or indirectly any fee, charge, or compensation received, or to be received, from an employee with any employer or persons in any way connected with the business thereof; (5) (A) No employment agent by himself or herself or by his or her agents or employees shall give or promise to give anything of intrinsic value to any employer or applicant for employment as an inducement to use the services of his or her employment agency. (B) No fee shall be solicited or accepted as an application or registration fee by an employment agent for the purpose of registering any person as an applicant for employment; (6) No employment agency or its agents or employees shall advertise or make a referral for any job position without having first obtained a bona fide job order therefor; (7) No employment agency or its agents or employees shall refer an applicant for a job or job interview unless the applicant has been personally interviewed by the employment agency or its agents or employees or has corresponded with the employment agency with the specific purpose of securing employment through that employment agency; (8) (A) Every employment agency shall inform the public by a conspicuous sign or poster that the employment agency is subject to the requirements of this subchapter, which is administered and enforced by the Division of Labor. (B) The division shall prepare and distribute the sign or poster to be used by agencies to comply with this subdivision (8); (9) No employment agency or its agents or employees shall knowingly send an applicant to any place where a strike, lockout, or other labor dispute exists; (10) No agency shall use any trade name or business identity similar to, or reasonably likely to be confused with, the trade name or business identity of an existing agency or any governmental nonprofit employment agency; (11) No employment agency shall refer an applicant to a situation, employment, or occupation prohibited by law; (12) No employment agency shall charge a fee to an employee for any services other than actual placement of an applicant; (13) No employment agency shall charge an applicant a fee for accepting employment with the employment agency or any subsidiary of that agency; (14) Any information regarding an applicant's background or credit, from whatever source obtained, shall be used for no purpose other than assisting the applicant in securing employment. However, an employment agency may use background and credit information regarding an applicant in determining whether to conduct placement services for the applicant if the applicant gives written authorization for securing the information and understands the purpose for which the information is secured; (15) No employment agency or its agents or employees shall engage in any practice that discriminates against any person on the basis of race, color, sex, age, religion, or national origin; (16) Under no circumstances shall more than one (1) fee for any one (1) placement be charged any applicant; (17) No contracts, forms, or schedules used by employment agencies shall contain any provisions in conflict with the provisions of this subchapter; and (18) All refunds due shall be made by the agency by cash, check, or money order promptly when due. Amended by Act 2019, No. 910,§ 5394, eff. 7/1/2019. Acts 1975, No. 493, § 16; A.S.A. 1947, § 81-1028; Acts 1995, No. 283, § 1.

In addition to other provisions of this subchapter, the following provisions shall govern each and every employment agency:

(1) Every employment agent or agency shall display his, her, or its license in a conspicuous place in the main office of the agency. Managers and counselors shall display their licenses in a conspicuous place in their offices or work areas;

(2) (A) All advertising by an employment agency of any form or kind shall include the words "employment agency" or "personnel agency". (B) Advertising for an employment position with the agency itself shall clearly convey the information that the job position offered is with the employment agency publishing the advertisement;

(A) All advertising by an employment agency of any form or kind shall include the words "employment agency" or "personnel agency".

(B) Advertising for an employment position with the agency itself shall clearly convey the information that the job position offered is with the employment agency publishing the advertisement;

(3) No employment agency or its agents or employees shall receive or require any applicant to execute any power of attorney, assignment of wages or salary, or note authorizing the confession of judgment;

(4) No employment agent, by himself or herself, or by his or her agents or employees, shall solicit, persuade, or induce any employee to leave any employment in which the employment agent or his or her agent has placed the employee, nor shall any employment agency or any of its agents or employees solicit, persuade, or induce any employer to discharge any employee, nor shall any employment agent, or his or her agents or employees, divide or offer to divide or share directly or indirectly any fee, charge, or compensation received, or to be received, from an employee with any employer or persons in any way connected with the business thereof;

(5) (A) No employment agent by himself or herself or by his or her agents or employees shall give or promise to give anything of intrinsic value to any employer or applicant for employment as an inducement to use the services of his or her employment agency. (B) No fee shall be solicited or accepted as an application or registration fee by an employment agent for the purpose of registering any person as an applicant for employment;

(A) No employment agent by himself or herself or by his or her agents or employees shall give or promise to give anything of intrinsic value to any employer or applicant for employment as an inducement to use the services of his or her employment agency.

(B) No fee shall be solicited or accepted as an application or registration fee by an employment agent for the purpose of registering any person as an applicant for employment;

(6) No employment agency or its agents or employees shall advertise or make a referral for any job position without having first obtained a bona fide job order therefor;

(7) No employment agency or its agents or employees shall refer an applicant for a job or job interview unless the applicant has been personally interviewed by the employment agency or its agents or employees or has corresponded with the employment agency with the specific purpose of securing employment through that employment agency;

(8) (A) Every employment agency shall inform the public by a conspicuous sign or poster that the employment agency is subject to the requirements of this subchapter, which is administered and enforced by the Division of Labor. (B) The division shall prepare and distribute the sign or poster to be used by agencies to comply with this subdivision (8);

(A) Every employment agency shall inform the public by a conspicuous sign or poster that the employment agency is subject to the requirements of this subchapter, which is administered and enforced by the Division of Labor.

(B) The division shall prepare and distribute the sign or poster to be used by agencies to comply with this subdivision (8);

(9) No employment agency or its agents or employees shall knowingly send an applicant to any place where a strike, lockout, or other labor dispute exists;

(10) No agency shall use any trade name or business identity similar to, or reasonably likely to be confused with, the trade name or business identity of an existing agency or any governmental nonprofit employment agency;

(11) No employment agency shall refer an applicant to a situation, employment, or occupation prohibited by law;

(12) No employment agency shall charge a fee to an employee for any services other than actual placement of an applicant;

(13) No employment agency shall charge an applicant a fee for accepting employment with the employment agency or any subsidiary of that agency;

(14) Any information regarding an applicant's background or credit, from whatever source obtained, shall be used for no purpose other than assisting the applicant in securing employment. However, an employment agency may use background and credit information regarding an applicant in determining whether to conduct placement services for the applicant if the applicant gives written authorization for securing the information and understands the purpose for which the information is secured;

(15) No employment agency or its agents or employees shall engage in any practice that discriminates against any person on the basis of race, color, sex, age, religion, or national origin;

(16) Under no circumstances shall more than one (1) fee for any one (1) placement be charged any applicant;

(17) No contracts, forms, or schedules used by employment agencies shall contain any provisions in conflict with the provisions of this subchapter; and

(18) All refunds due shall be made by the agency by cash, check, or money order promptly when due.

Amended by Act 2019, No. 910,§ 5394, eff. 7/1/2019.

Acts 1975, No. 493, § 16; A.S.A. 1947, § 81-1028; Acts 1995, No. 283, § 1.
Ark. Code Ann. § 11-10-524 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-524
Claims - Administrative appeal - Filing and hearing
Status: in_force

(a) (1) The claimant, the Director of the Division of Workforce Services, or any other party entitled to notice may appeal a determination made by the agency by filing a written notice of appeal with the appeal tribunal or at any office of the Division of Workforce Services within twenty (20) calendar days after the date of mailing the notice to his or her last known address, or if the notice is not mailed, within twenty (20) calendar days after the date of delivery of the notice. If mailed, an appeal shall be considered to have been filed as of the date of the postmark on the envelope. (2) However, if it is determined by the appeal tribunal or the Board of Review that the appeal is not perfected within the twenty-calendar-day period as a result of circumstances beyond the appellant's control, the appeal may be considered as having been filed timely. (b) (1) Unless the appeal is withdrawn with its permission or is removed to the board, the appeal tribunal, after affording the parties a reasonable opportunity for a fair hearing, and on the basis of the record, shall affirm, modify, reverse, dismiss, or remand the determination. (2) However, whenever an appeal involves a question as to whether services were performed by a claimant in employment or for an employing unit, the appeal tribunal shall give special notice of the issue and of the pendency of the appeal to the employing unit and to the director, both of whom shall be parties to the proceedings and be afforded a reasonable opportunity to present evidence bearing on the question in issue. (3) The appeal tribunal shall grant upon request from any interested party in an intrastate claim an in-person hearing. (c) (1) The parties shall be promptly notified of the tribunal's decision and shall be furnished a copy of the decision and the findings and conclusions in support thereof. (2) The decision shall become final unless within twenty (20) calendar days after the date of mailing the notice to the parties' last known addresses an appeal is initiated pursuant to § 11-10-525 or a request for reopening is made pursuant to subsection (d) of this section. (d) (1) If any party fails to appear at the initial tribunal hearing scheduled as a result of an appeal, that party may request that the matter be reopened by the tribunal. (2) Requests for reopening shall be made in writing and shall be granted by the tribunal only upon a showing of good cause for failing to appear at the initial tribunal hearing. (3) (A) (i) If a request for reopening is granted, the tribunal shall schedule another hearing, after which it will issue a new decision. (ii) If a request for reopening is not granted, the tribunal's initial decision shall stand as issued. (B) (i) In either event, the parties shall be promptly notified of the tribunal's decision and shall be furnished a copy of the decision and the findings and conclusions in support thereof. (ii) The decision shall become final unless within twenty (20) calendar days after the date of its mailing to the parties' last known addresses an appeal is initiated pursuant to § 11-10-525 . Amended by Act 2019, No. 910,§ 255, eff. 7/1/2019. Acts 1941, No. 391, § 6; 1943, No. 138, § 4; 1953, No. 162, § 6; 1975, No. 609, § 5; 1983, No. 482, §§ 22, 37, 38; A.S.A. 1947, § 81-1107; Acts 1991, No. 48, § 5; 1991, No. 100, § 32; 1993, No. 6, § 9; 1997, No. 234, §§ 16-18; 2003, No. 1223, §§ 8, 9; 2009, No. 802, § 6.

(a) (1) The claimant, the Director of the Division of Workforce Services, or any other party entitled to notice may appeal a determination made by the agency by filing a written notice of appeal with the appeal tribunal or at any office of the Division of Workforce Services within twenty (20) calendar days after the date of mailing the notice to his or her last known address, or if the notice is not mailed, within twenty (20) calendar days after the date of delivery of the notice. If mailed, an appeal shall be considered to have been filed as of the date of the postmark on the envelope. (2) However, if it is determined by the appeal tribunal or the Board of Review that the appeal is not perfected within the twenty-calendar-day period as a result of circumstances beyond the appellant's control, the appeal may be considered as having been filed timely.

(1) The claimant, the Director of the Division of Workforce Services, or any other party entitled to notice may appeal a determination made by the agency by filing a written notice of appeal with the appeal tribunal or at any office of the Division of Workforce Services within twenty (20) calendar days after the date of mailing the notice to his or her last known address, or if the notice is not mailed, within twenty (20) calendar days after the date of delivery of the notice. If mailed, an appeal shall be considered to have been filed as of the date of the postmark on the envelope.

(2) However, if it is determined by the appeal tribunal or the Board of Review that the appeal is not perfected within the twenty-calendar-day period as a result of circumstances beyond the appellant's control, the appeal may be considered as having been filed timely.

(b) (1) Unless the appeal is withdrawn with its permission or is removed to the board, the appeal tribunal, after affording the parties a reasonable opportunity for a fair hearing, and on the basis of the record, shall affirm, modify, reverse, dismiss, or remand the determination. (2) However, whenever an appeal involves a question as to whether services were performed by a claimant in employment or for an employing unit, the appeal tribunal shall give special notice of the issue and of the pendency of the appeal to the employing unit and to the director, both of whom shall be parties to the proceedings and be afforded a reasonable opportunity to present evidence bearing on the question in issue. (3) The appeal tribunal shall grant upon request from any interested party in an intrastate claim an in-person hearing.

(1) Unless the appeal is withdrawn with its permission or is removed to the board, the appeal tribunal, after affording the parties a reasonable opportunity for a fair hearing, and on the basis of the record, shall affirm, modify, reverse, dismiss, or remand the determination.

(2) However, whenever an appeal involves a question as to whether services were performed by a claimant in employment or for an employing unit, the appeal tribunal shall give special notice of the issue and of the pendency of the appeal to the employing unit and to the director, both of whom shall be parties to the proceedings and be afforded a reasonable opportunity to present evidence bearing on the question in issue.

(3) The appeal tribunal shall grant upon request from any interested party in an intrastate claim an in-person hearing.

(c) (1) The parties shall be promptly notified of the tribunal's decision and shall be furnished a copy of the decision and the findings and conclusions in support thereof. (2) The decision shall become final unless within twenty (20) calendar days after the date of mailing the notice to the parties' last known addresses an appeal is initiated pursuant to § 11-10-525 or a request for reopening is made pursuant to subsection (d) of this section.

(1) The parties shall be promptly notified of the tribunal's decision and shall be furnished a copy of the decision and the findings and conclusions in support thereof.

(2) The decision shall become final unless within twenty (20) calendar days after the date of mailing the notice to the parties' last known addresses an appeal is initiated pursuant to § 11-10-525 or a request for reopening is made pursuant to subsection (d) of this section.

(d) (1) If any party fails to appear at the initial tribunal hearing scheduled as a result of an appeal, that party may request that the matter be reopened by the tribunal. (2) Requests for reopening shall be made in writing and shall be granted by the tribunal only upon a showing of good cause for failing to appear at the initial tribunal hearing. (3) (A) (i) If a request for reopening is granted, the tribunal shall schedule another hearing, after which it will issue a new decision. (ii) If a request for reopening is not granted, the tribunal's initial decision shall stand as issued. (B) (i) In either event, the parties shall be promptly notified of the tribunal's decision and shall be furnished a copy of the decision and the findings and conclusions in support thereof. (ii) The decision shall become final unless within twenty (20) calendar days after the date of its mailing to the parties' last known addresses an appeal is initiated pursuant to § 11-10-525 .

(1) If any party fails to appear at the initial tribunal hearing scheduled as a result of an appeal, that party may request that the matter be reopened by the tribunal.

(2) Requests for reopening shall be made in writing and shall be granted by the tribunal only upon a showing of good cause for failing to appear at the initial tribunal hearing.

(3) (A) (i) If a request for reopening is granted, the tribunal shall schedule another hearing, after which it will issue a new decision. (ii) If a request for reopening is not granted, the tribunal's initial decision shall stand as issued. (B) (i) In either event, the parties shall be promptly notified of the tribunal's decision and shall be furnished a copy of the decision and the findings and conclusions in support thereof. (ii) The decision shall become final unless within twenty (20) calendar days after the date of its mailing to the parties' last known addresses an appeal is initiated pursuant to § 11-10-525 .

(A) (i) If a request for reopening is granted, the tribunal shall schedule another hearing, after which it will issue a new decision. (ii) If a request for reopening is not granted, the tribunal's initial decision shall stand as issued.

(i) If a request for reopening is granted, the tribunal shall schedule another hearing, after which it will issue a new decision.

(ii) If a request for reopening is not granted, the tribunal's initial decision shall stand as issued.

(B) (i) In either event, the parties shall be promptly notified of the tribunal's decision and shall be furnished a copy of the decision and the findings and conclusions in support thereof. (ii) The decision shall become final unless within twenty (20) calendar days after the date of its mailing to the parties' last known addresses an appeal is initiated pursuant to § 11-10-525 .

(i) In either event, the parties shall be promptly notified of the tribunal's decision and shall be furnished a copy of the decision and the findings and conclusions in support thereof.

(ii) The decision shall become final unless within twenty (20) calendar days after the date of its mailing to the parties' last known addresses an appeal is initiated pursuant to § 11-10-525 .

Amended by Act 2019, No. 910,§ 255, eff. 7/1/2019.

Acts 1941, No. 391, § 6; 1943, No. 138, § 4; 1953, No. 162, § 6; 1975, No. 609, § 5; 1983, No. 482, §§ 22, 37, 38; A.S.A. 1947, § 81-1107; Acts 1991, No. 48, § 5; 1991, No. 100, § 32; 1993, No. 6, § 9; 1997, No. 234, §§ 16-18; 2003, No. 1223, §§ 8, 9; 2009, No. 802, § 6.
Ark. Code Ann. § 11-14-107 — AR Code / Title 11 / Chapter 14 / Section 11-14-107
Testing subject to United States Department of Transportation procedures - Verification - Chain of custody procedures - Costs - Discrimination on grounds of voluntary treatment prohibited
Status: in_force

(a) All specimen collection and testing for drugs and alcohol under this chapter shall be performed in accordance with the procedures provided for by the United States Department of Transportation rules for workplace drug and alcohol testing compiled at 49 C.F.R., Part 40. (b) A covered employer may not discharge, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a medical review officer. (c) A covered employer that performs drug testing or specimen collection shall use chain-of-custody procedures established by regulations of the United States Department of Transportation or such other recognized authority approved by rule by the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission governing drug testing. (d) A covered employer shall pay the cost of all drug and alcohol tests, initial and confirmation, that the covered employer requires of employees. An employee or job applicant shall pay the costs of any additional drug or alcohol tests not required by the covered employer. (e) A covered employer shall not discharge, discipline, or discriminate against an employee solely upon the employee's voluntarily seeking treatment while under the employ of the covered employer for a drug-related or alcohol-related problem if the employee has not previously tested positive for drug or alcohol use, entered an employee assistance program for drug-related or alcohol-related problems, or entered a drug or alcohol rehabilitation program. Unless otherwise provided by a collective bargaining agreement, a covered employer may select the employee assistance program or drug or alcohol rehabilitation program if the covered employer pays the cost of the employee's participation in the program. However, nothing in this chapter is intended to require any employer to permit or provide such a rehabilitation program. (f) If drug or alcohol testing is conducted based on reasonable suspicion, the covered employer shall promptly detail in writing the circumstances that formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request, and the original documentation shall be kept confidential by the covered employer pursuant to § 11-14-109 and shall be retained by the covered employer for at least one (1) year. Acts 1999, No. 1552, § 7; 2005, No. 1962, § 21.

(a) All specimen collection and testing for drugs and alcohol under this chapter shall be performed in accordance with the procedures provided for by the United States Department of Transportation rules for workplace drug and alcohol testing compiled at 49 C.F.R., Part 40.

(b) A covered employer may not discharge, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a medical review officer.

(c) A covered employer that performs drug testing or specimen collection shall use chain-of-custody procedures established by regulations of the United States Department of Transportation or such other recognized authority approved by rule by the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission governing drug testing.

(d) A covered employer shall pay the cost of all drug and alcohol tests, initial and confirmation, that the covered employer requires of employees. An employee or job applicant shall pay the costs of any additional drug or alcohol tests not required by the covered employer.

(e) A covered employer shall not discharge, discipline, or discriminate against an employee solely upon the employee's voluntarily seeking treatment while under the employ of the covered employer for a drug-related or alcohol-related problem if the employee has not previously tested positive for drug or alcohol use, entered an employee assistance program for drug-related or alcohol-related problems, or entered a drug or alcohol rehabilitation program. Unless otherwise provided by a collective bargaining agreement, a covered employer may select the employee assistance program or drug or alcohol rehabilitation program if the covered employer pays the cost of the employee's participation in the program. However, nothing in this chapter is intended to require any employer to permit or provide such a rehabilitation program.

(f) If drug or alcohol testing is conducted based on reasonable suspicion, the covered employer shall promptly detail in writing the circumstances that formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request, and the original documentation shall be kept confidential by the covered employer pursuant to § 11-14-109 and shall be retained by the covered employer for at least one (1) year.

Acts 1999, No. 1552, § 7; 2005, No. 1962, § 21.
Ark. Code Ann. § 11-5-302 — AR Code / Title 11 / Chapter 5 / Subchapter 3 / Section 11-5-302
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Authorized person" means: (A) Employees of an electrical utility company with respect to the electrical system of such a company, and the employees of a transportation system with respect to the electrical circuits of the system; (B) Employees of communication utilities, state, county, or municipal agencies having authorized circuit construction on the poles or structures of an electric utility company, transportation system, or communication system; (C) Employees of an industrial plant with respect to the electrical system of the plant; (D) Employees of a municipality with respect to the electrical system of the municipality; and (E) Employees of any electrical or communications contractor with respect to work under his or her supervision, having authorized construction work on the poles or structures of an electrical utility company, transportation system, or communication system; (2) "De-energizing" means removing the voltage from electrical conductors and grounding; (3) "Energized overhead electrical lines" means electrical lines which are energized at a potential of four hundred forty (440) volts or more, as measured between the conductor and the ground; (4) "Mechanical barrier" means a temporary device for separating and preventing contact between material or equipment and energized overhead electrical lines such as: (A) Insulating barriers; or (B) Nonconductive enclosures around conductors; (5) "Shall" is to be understood as mandatory; (6) "Should" is to be understood as advisory; (7) "Temporary relocation" means: (A) Removing electrical conductors from poles; (B) Elevating electrical conductors; or (C) Rerouting electrical conductors; (8) "Warning sign" means a weather-resistant sign of not less than five inches by seven inches (5" x 7") with a yellow background and black lettering reading as follows: "WARNING - Unlawful to operate this equipment within ten feet (10') of energized overhead electrical lines." Acts 1963, No. 148, § 2; 1979, No. 716, § 1; A.S.A. 1947, § 81-1402; Acts 1989, No. 752, § 2.

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

(1) "Authorized person" means: (A) Employees of an electrical utility company with respect to the electrical system of such a company, and the employees of a transportation system with respect to the electrical circuits of the system; (B) Employees of communication utilities, state, county, or municipal agencies having authorized circuit construction on the poles or structures of an electric utility company, transportation system, or communication system; (C) Employees of an industrial plant with respect to the electrical system of the plant; (D) Employees of a municipality with respect to the electrical system of the municipality; and (E) Employees of any electrical or communications contractor with respect to work under his or her supervision, having authorized construction work on the poles or structures of an electrical utility company, transportation system, or communication system;

(A) Employees of an electrical utility company with respect to the electrical system of such a company, and the employees of a transportation system with respect to the electrical circuits of the system;

(B) Employees of communication utilities, state, county, or municipal agencies having authorized circuit construction on the poles or structures of an electric utility company, transportation system, or communication system;

(C) Employees of an industrial plant with respect to the electrical system of the plant;

(D) Employees of a municipality with respect to the electrical system of the municipality; and

(E) Employees of any electrical or communications contractor with respect to work under his or her supervision, having authorized construction work on the poles or structures of an electrical utility company, transportation system, or communication system;

(2) "De-energizing" means removing the voltage from electrical conductors and grounding;

(3) "Energized overhead electrical lines" means electrical lines which are energized at a potential of four hundred forty (440) volts or more, as measured between the conductor and the ground;

(4) "Mechanical barrier" means a temporary device for separating and preventing contact between material or equipment and energized overhead electrical lines such as: (A) Insulating barriers; or (B) Nonconductive enclosures around conductors;

(A) Insulating barriers; or

(B) Nonconductive enclosures around conductors;

(5) "Shall" is to be understood as mandatory;

(6) "Should" is to be understood as advisory;

(7) "Temporary relocation" means: (A) Removing electrical conductors from poles; (B) Elevating electrical conductors; or (C) Rerouting electrical conductors;

(A) Removing electrical conductors from poles;

(B) Elevating electrical conductors; or

(C) Rerouting electrical conductors;

(8) "Warning sign" means a weather-resistant sign of not less than five inches by seven inches (5" x 7") with a yellow background and black lettering reading as follows: "WARNING - Unlawful to operate this equipment within ten feet (10') of energized overhead electrical lines."

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

Acts 1963, No. 148, § 2; 1979, No. 716, § 1; A.S.A. 1947, § 81-1402; Acts 1989, No. 752, § 2.
Ark. Code Ann. § 11-10-507 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-507
Eligibility - Conditions - Definitions
Status: in_force

(a) An insured worker shall be eligible to receive benefits with respect to any week only if the Director of the Division of Workforce Services finds that: (1) Claim for Benefits. He or she has made a claim for benefits with respect to such week in accordance with such rules as the director may prescribe; (2) Registration and Reporting. He or she has registered for work at and thereafter continued to report to a Division of Workforce Services office in accordance with such rules as the director may prescribe. The director, by rule, may waive or alter either or both of the requirements of this subdivision (a)(2) as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he or she finds that compliance with these requirements would be oppressive or would be inconsistent with the purpose of this chapter. However, no such rules shall conflict with § 11-10-501 ; (3) Able to Work and Available for Work. (A) (i) The worker is unemployed, is physically and mentally able to perform suitable work, and is available for the work. Mere registration and reporting at a local employment office shall not be conclusive evidence of ability to work, availability for work, or willingness to accept work unless the individual is doing those things which a reasonably prudent individual would be expected to do to secure work. (ii) In determining suitable work under this section and for refusing to apply for or accept suitable work under § 11-10-515 , part-time work shall be considered suitable work unless the majority of weeks of work in the period used to determine monetary eligibility are from full-time work. (iii) In determining suitable work under this section or under § 11-10-515 for a worker who is on an approved medical leave from his or her last employer due to the unavailability of light-duty work, light-duty work shall be considered suitable work unless the majority of the number of weeks of work within the period used to determine monetary eligibility were weeks spent performing work that the worker is currently unable to perform due to his or her medical restrictions. (B) Persons who are on layoff and who are attending a state vocational school for the purpose of upgrading or improving their job skills shall be considered available for employment so long as they make reasonable efforts to secure employment unless, or until, they refuse suitable employment or referral or recall to suitable work. However, no otherwise eligible individual shall be denied benefits with respect to any week in which he or she is in training with the approval of the director by reason of the application of the provisions of subdivision (a)(3)(A) of this section relating to availability for work. (C) For the purpose of this subdivision (a)(3), the approval by the director of training for an individual shall be based on the following considerations: (i) The claimant's skills must be obsolete, or the demands for his or her skills in his or her labor market must be minimal and not likely to improve; (ii) The claimant must possess aptitudes or skills which can be usefully supplemented within a short time by retraining; (iii) The training must be for an occupation for which there is a substantial and recurring demand; and (iv) The claimant must produce evidence of continued attendance and satisfactory progress. (D) In the event of the death of an individual's immediate family member, the eligibility requirements of availability for that individual shall be waived for the day of the death and for six (6) consecutive calendar days thereafter. For the purposes of this subdivision (a)(3), "immediate family member" means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual. (E) An individual on short-term layoff who expects to be recalled by his or her employer to a full-time job and whose employer intends to recall the individual to a full-time job within ten (10) weeks after the initial date of his or her layoff shall not be required during the layoff to register for work at a division office or to seek other work. (F) Any individual who is not actively engaged in seeking work because he or she is before any court of the United States or of any state pursuant to a lawfully issued summons to appear for jury duty shall not be disqualified under this subdivision (a)(3). (G) No individual shall be considered unavailable for work under this subdivision (a)(3) during the entire week if he or she is required to withdraw from the labor market for less than four (4) days of the week because of a compelling personal emergency. (H) The individual participates in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the director, as provided for in section 4 of Pub. L. No. 103-152, unless the director determines that: (i) The individual has completed such services; or (ii) There is justifiable cause for the claimant's failure to participate in such services; (4) Waiting Period. He or she has been unemployed for a waiting period of one (1) week. A week shall not be counted as a week of unemployment for the purposes of this subdivision (a)(4): (A) Unless it occurs within the benefit year which includes the week with respect to which he or she claims payment of benefits; (B) If benefits have been paid with respect thereto; and (C) Unless the individual was eligible for benefits with respect thereto as provided in this section and §§ 11-10-512 - 11-10-519 , except for the requirements of this subdivision (a)(4); and (5) (A) Qualifying Wages. For any benefit year, he or she has during his or her base period been paid wages in at least two (2) quarters of his or her base period for insured work, and the total wages paid during his or her base period equal not less than thirty-five (35) times his or her weekly benefit amount. (B) Requalifying Wages. For all benefit years, an individual shall not requalify on a succeeding benefit year claim unless he or she has been paid wages for insured work equal to not less than thirty-five (35) times his or her weekly benefit amount and has wages paid for insured work in at least two (2) calendar quarters of his or her base period and, subsequent to filing the claim that established his or her previous benefit year, he or she has had insured work and was paid wages for insured work equal to ten (10) times his or her weekly benefit amount. (C) With respect to weeks of unemployment, wages for insured work shall include wages paid for previously uncovered services. For the purposes of this section, the term "previously uncovered services" means services: (i) Which were not employment as defined in § 11-10-210(a) and were not services covered pursuant to § 11-10-210(d) at any time during the one-year period; and (ii) Which are: (a) Agricultural labor, as defined in § 11-10-210(f)(1) ; or (b) Services performed by an employee of a political subdivision of this state, as provided in § 11-10-210(a)(2)(B) , or by an employee of a nonprofit educational institution which is not an institution of higher education, as provided in § 11-10-210(a)(3) , except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was paid on the basis of such services. (D) For the purpose of this subdivision (a)(5), wages shall be counted as "wages for insured work" for benefit purposes with respect to any benefit year only if the benefit year begins subsequent to the date on which the employing unit by which the wages were paid has satisfied the conditions of § 11-10-209 with respect to becoming an employer. (b) (1) Notwithstanding subdivision (a)(3) of this section, the division shall require at least five (5) work search contacts per week in which an individual submits a claim for benefits. (2) If an individual fails to complete the number of work search contacts required under subdivision (b)(1) of this section during a week in which he or she submits a claim for benefits, the individual is not eligible for benefits for that week. (3) The division shall audit at least one hundred (100) of all weekly work search reports for work search verification each week. (c) As used in this section, "work search contact" is defined by rule as the director may prescribe and includes without limitation the following actions if done for the purposes of securing employment: (1) Completing and submitting a job application or resume to an employer; (2) Attending and completing an interview with an employer; (3) Attending a job fair; or (4) Participating in job skill training at a workforce center or training in a demand occupation with an eligible training provider. Amended by Act 2023, No. 587,§ 2, eff. 1/1/2024. Amended by Act 2019, No. 453,§ 2, eff. 10/1/2019. Amended by Act 2019, No. 453,§ 1, eff. 10/1/2019. Amended by Act 2019, No. 315,§ 820, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 239, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 238, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 237, eff. 7/1/2019. Acts 1941, No. 391, § 4; 1943, No. 138, § 29; 1947, No. 398, § 3; 1949, No. 155, § 4; 1953, No. 162, § 2; 1959, No. 13, § 3; 1963, No. 93, § 5; 1971, No. 35, § 8; 1973, No. 329, § 5; 1975 (Extended Sess., 1976), No. 1083, § 5; 1977, No. 376, § 7; 1979, No. 492, § 4; 1979, No. 922, § 4; 1981, No. 43, §§ 6, 7; 1983, No. 482, §§ 13, 14; 1985, No. 8, § 5; 1985, No. 9, § 5; A.S.A. 1947, § 81-1105; reen. Acts 1987, No. 672, § 4; Acts 1987, No. 753, § 12; 1989, No. 420, § 6; 1991, No. 48, § 3; 1991, No. 100, § 27; 1993, No. 6, § 5; 1995, No. 519, § 5; 1999, No. 1116, § 9; 2003, No. 1223, § 4; 2009, No. 653, §§ 2, 3; 2009, No. 802, § 3; 2011, No. 861, § 3. Act 2023, No. 587,§ 1 provides that This act shall be known and may be cited as the "Arkansas Reemployment Act".

(a) An insured worker shall be eligible to receive benefits with respect to any week only if the Director of the Division of Workforce Services finds that: (1) Claim for Benefits. He or she has made a claim for benefits with respect to such week in accordance with such rules as the director may prescribe; (2) Registration and Reporting. He or she has registered for work at and thereafter continued to report to a Division of Workforce Services office in accordance with such rules as the director may prescribe. The director, by rule, may waive or alter either or both of the requirements of this subdivision (a)(2) as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he or she finds that compliance with these requirements would be oppressive or would be inconsistent with the purpose of this chapter. However, no such rules shall conflict with § 11-10-501 ; (3) Able to Work and Available for Work. (A) (i) The worker is unemployed, is physically and mentally able to perform suitable work, and is available for the work. Mere registration and reporting at a local employment office shall not be conclusive evidence of ability to work, availability for work, or willingness to accept work unless the individual is doing those things which a reasonably prudent individual would be expected to do to secure work. (ii) In determining suitable work under this section and for refusing to apply for or accept suitable work under § 11-10-515 , part-time work shall be considered suitable work unless the majority of weeks of work in the period used to determine monetary eligibility are from full-time work. (iii) In determining suitable work under this section or under § 11-10-515 for a worker who is on an approved medical leave from his or her last employer due to the unavailability of light-duty work, light-duty work shall be considered suitable work unless the majority of the number of weeks of work within the period used to determine monetary eligibility were weeks spent performing work that the worker is currently unable to perform due to his or her medical restrictions. (B) Persons who are on layoff and who are attending a state vocational school for the purpose of upgrading or improving their job skills shall be considered available for employment so long as they make reasonable efforts to secure employment unless, or until, they refuse suitable employment or referral or recall to suitable work. However, no otherwise eligible individual shall be denied benefits with respect to any week in which he or she is in training with the approval of the director by reason of the application of the provisions of subdivision (a)(3)(A) of this section relating to availability for work. (C) For the purpose of this subdivision (a)(3), the approval by the director of training for an individual shall be based on the following considerations: (i) The claimant's skills must be obsolete, or the demands for his or her skills in his or her labor market must be minimal and not likely to improve; (ii) The claimant must possess aptitudes or skills which can be usefully supplemented within a short time by retraining; (iii) The training must be for an occupation for which there is a substantial and recurring demand; and (iv) The claimant must produce evidence of continued attendance and satisfactory progress. (D) In the event of the death of an individual's immediate family member, the eligibility requirements of availability for that individual shall be waived for the day of the death and for six (6) consecutive calendar days thereafter. For the purposes of this subdivision (a)(3), "immediate family member" means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual. (E) An individual on short-term layoff who expects to be recalled by his or her employer to a full-time job and whose employer intends to recall the individual to a full-time job within ten (10) weeks after the initial date of his or her layoff shall not be required during the layoff to register for work at a division office or to seek other work. (F) Any individual who is not actively engaged in seeking work because he or she is before any court of the United States or of any state pursuant to a lawfully issued summons to appear for jury duty shall not be disqualified under this subdivision (a)(3). (G) No individual shall be considered unavailable for work under this subdivision (a)(3) during the entire week if he or she is required to withdraw from the labor market for less than four (4) days of the week because of a compelling personal emergency. (H) The individual participates in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the director, as provided for in section 4 of Pub. L. No. 103-152, unless the director determines that: (i) The individual has completed such services; or (ii) There is justifiable cause for the claimant's failure to participate in such services; (4) Waiting Period. He or she has been unemployed for a waiting period of one (1) week. A week shall not be counted as a week of unemployment for the purposes of this subdivision (a)(4): (A) Unless it occurs within the benefit year which includes the week with respect to which he or she claims payment of benefits; (B) If benefits have been paid with respect thereto; and (C) Unless the individual was eligible for benefits with respect thereto as provided in this section and §§ 11-10-512 - 11-10-519 , except for the requirements of this subdivision (a)(4); and (5) (A) Qualifying Wages. For any benefit year, he or she has during his or her base period been paid wages in at least two (2) quarters of his or her base period for insured work, and the total wages paid during his or her base period equal not less than thirty-five (35) times his or her weekly benefit amount. (B) Requalifying Wages. For all benefit years, an individual shall not requalify on a succeeding benefit year claim unless he or she has been paid wages for insured work equal to not less than thirty-five (35) times his or her weekly benefit amount and has wages paid for insured work in at least two (2) calendar quarters of his or her base period and, subsequent to filing the claim that established his or her previous benefit year, he or she has had insured work and was paid wages for insured work equal to ten (10) times his or her weekly benefit amount. (C) With respect to weeks of unemployment, wages for insured work shall include wages paid for previously uncovered services. For the purposes of this section, the term "previously uncovered services" means services: (i) Which were not employment as defined in § 11-10-210(a) and were not services covered pursuant to § 11-10-210(d) at any time during the one-year period; and (ii) Which are: (a) Agricultural labor, as defined in § 11-10-210(f)(1) ; or (b) Services performed by an employee of a political subdivision of this state, as provided in § 11-10-210(a)(2)(B) , or by an employee of a nonprofit educational institution which is not an institution of higher education, as provided in § 11-10-210(a)(3) , except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was paid on the basis of such services. (D) For the purpose of this subdivision (a)(5), wages shall be counted as "wages for insured work" for benefit purposes with respect to any benefit year only if the benefit year begins subsequent to the date on which the employing unit by which the wages were paid has satisfied the conditions of § 11-10-209 with respect to becoming an employer.

(1) Claim for Benefits. He or she has made a claim for benefits with respect to such week in accordance with such rules as the director may prescribe;

(2) Registration and Reporting. He or she has registered for work at and thereafter continued to report to a Division of Workforce Services office in accordance with such rules as the director may prescribe. The director, by rule, may waive or alter either or both of the requirements of this subdivision (a)(2) as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he or she finds that compliance with these requirements would be oppressive or would be inconsistent with the purpose of this chapter. However, no such rules shall conflict with § 11-10-501 ;

(3) Able to Work and Available for Work. (A) (i) The worker is unemployed, is physically and mentally able to perform suitable work, and is available for the work. Mere registration and reporting at a local employment office shall not be conclusive evidence of ability to work, availability for work, or willingness to accept work unless the individual is doing those things which a reasonably prudent individual would be expected to do to secure work. (ii) In determining suitable work under this section and for refusing to apply for or accept suitable work under § 11-10-515 , part-time work shall be considered suitable work unless the majority of weeks of work in the period used to determine monetary eligibility are from full-time work. (iii) In determining suitable work under this section or under § 11-10-515 for a worker who is on an approved medical leave from his or her last employer due to the unavailability of light-duty work, light-duty work shall be considered suitable work unless the majority of the number of weeks of work within the period used to determine monetary eligibility were weeks spent performing work that the worker is currently unable to perform due to his or her medical restrictions. (B) Persons who are on layoff and who are attending a state vocational school for the purpose of upgrading or improving their job skills shall be considered available for employment so long as they make reasonable efforts to secure employment unless, or until, they refuse suitable employment or referral or recall to suitable work. However, no otherwise eligible individual shall be denied benefits with respect to any week in which he or she is in training with the approval of the director by reason of the application of the provisions of subdivision (a)(3)(A) of this section relating to availability for work. (C) For the purpose of this subdivision (a)(3), the approval by the director of training for an individual shall be based on the following considerations: (i) The claimant's skills must be obsolete, or the demands for his or her skills in his or her labor market must be minimal and not likely to improve; (ii) The claimant must possess aptitudes or skills which can be usefully supplemented within a short time by retraining; (iii) The training must be for an occupation for which there is a substantial and recurring demand; and (iv) The claimant must produce evidence of continued attendance and satisfactory progress. (D) In the event of the death of an individual's immediate family member, the eligibility requirements of availability for that individual shall be waived for the day of the death and for six (6) consecutive calendar days thereafter. For the purposes of this subdivision (a)(3), "immediate family member" means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual. (E) An individual on short-term layoff who expects to be recalled by his or her employer to a full-time job and whose employer intends to recall the individual to a full-time job within ten (10) weeks after the initial date of his or her layoff shall not be required during the layoff to register for work at a division office or to seek other work. (F) Any individual who is not actively engaged in seeking work because he or she is before any court of the United States or of any state pursuant to a lawfully issued summons to appear for jury duty shall not be disqualified under this subdivision (a)(3). (G) No individual shall be considered unavailable for work under this subdivision (a)(3) during the entire week if he or she is required to withdraw from the labor market for less than four (4) days of the week because of a compelling personal emergency. (H) The individual participates in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the director, as provided for in section 4 of Pub. L. No. 103-152, unless the director determines that: (i) The individual has completed such services; or (ii) There is justifiable cause for the claimant's failure to participate in such services;

(A) (i) The worker is unemployed, is physically and mentally able to perform suitable work, and is available for the work. Mere registration and reporting at a local employment office shall not be conclusive evidence of ability to work, availability for work, or willingness to accept work unless the individual is doing those things which a reasonably prudent individual would be expected to do to secure work. (ii) In determining suitable work under this section and for refusing to apply for or accept suitable work under § 11-10-515 , part-time work shall be considered suitable work unless the majority of weeks of work in the period used to determine monetary eligibility are from full-time work. (iii) In determining suitable work under this section or under § 11-10-515 for a worker who is on an approved medical leave from his or her last employer due to the unavailability of light-duty work, light-duty work shall be considered suitable work unless the majority of the number of weeks of work within the period used to determine monetary eligibility were weeks spent performing work that the worker is currently unable to perform due to his or her medical restrictions.

(i) The worker is unemployed, is physically and mentally able to perform suitable work, and is available for the work. Mere registration and reporting at a local employment office shall not be conclusive evidence of ability to work, availability for work, or willingness to accept work unless the individual is doing those things which a reasonably prudent individual would be expected to do to secure work.

(ii) In determining suitable work under this section and for refusing to apply for or accept suitable work under § 11-10-515 , part-time work shall be considered suitable work unless the majority of weeks of work in the period used to determine monetary eligibility are from full-time work.

(iii) In determining suitable work under this section or under § 11-10-515 for a worker who is on an approved medical leave from his or her last employer due to the unavailability of light-duty work, light-duty work shall be considered suitable work unless the majority of the number of weeks of work within the period used to determine monetary eligibility were weeks spent performing work that the worker is currently unable to perform due to his or her medical restrictions.

(B) Persons who are on layoff and who are attending a state vocational school for the purpose of upgrading or improving their job skills shall be considered available for employment so long as they make reasonable efforts to secure employment unless, or until, they refuse suitable employment or referral or recall to suitable work. However, no otherwise eligible individual shall be denied benefits with respect to any week in which he or she is in training with the approval of the director by reason of the application of the provisions of subdivision (a)(3)(A) of this section relating to availability for work.

(C) For the purpose of this subdivision (a)(3), the approval by the director of training for an individual shall be based on the following considerations: (i) The claimant's skills must be obsolete, or the demands for his or her skills in his or her labor market must be minimal and not likely to improve; (ii) The claimant must possess aptitudes or skills which can be usefully supplemented within a short time by retraining; (iii) The training must be for an occupation for which there is a substantial and recurring demand; and (iv) The claimant must produce evidence of continued attendance and satisfactory progress.

(i) The claimant's skills must be obsolete, or the demands for his or her skills in his or her labor market must be minimal and not likely to improve;

(ii) The claimant must possess aptitudes or skills which can be usefully supplemented within a short time by retraining;

(iii) The training must be for an occupation for which there is a substantial and recurring demand; and

(iv) The claimant must produce evidence of continued attendance and satisfactory progress.

(D) In the event of the death of an individual's immediate family member, the eligibility requirements of availability for that individual shall be waived for the day of the death and for six (6) consecutive calendar days thereafter. For the purposes of this subdivision (a)(3), "immediate family member" means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual.

(E) An individual on short-term layoff who expects to be recalled by his or her employer to a full-time job and whose employer intends to recall the individual to a full-time job within ten (10) weeks after the initial date of his or her layoff shall not be required during the layoff to register for work at a division office or to seek other work.

(F) Any individual who is not actively engaged in seeking work because he or she is before any court of the United States or of any state pursuant to a lawfully issued summons to appear for jury duty shall not be disqualified under this subdivision (a)(3).

(G) No individual shall be considered unavailable for work under this subdivision (a)(3) during the entire week if he or she is required to withdraw from the labor market for less than four (4) days of the week because of a compelling personal emergency.

(H) The individual participates in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the director, as provided for in section 4 of Pub. L. No. 103-152, unless the director determines that: (i) The individual has completed such services; or (ii) There is justifiable cause for the claimant's failure to participate in such services;

(i) The individual has completed such services; or

(ii) There is justifiable cause for the claimant's failure to participate in such services;

(4) Waiting Period. He or she has been unemployed for a waiting period of one (1) week. A week shall not be counted as a week of unemployment for the purposes of this subdivision (a)(4): (A) Unless it occurs within the benefit year which includes the week with respect to which he or she claims payment of benefits; (B) If benefits have been paid with respect thereto; and (C) Unless the individual was eligible for benefits with respect thereto as provided in this section and §§ 11-10-512 - 11-10-519 , except for the requirements of this subdivision (a)(4); and

(A) Unless it occurs within the benefit year which includes the week with respect to which he or she claims payment of benefits;

(B) If benefits have been paid with respect thereto; and

(C) Unless the individual was eligible for benefits with respect thereto as provided in this section and §§ 11-10-512 - 11-10-519 , except for the requirements of this subdivision (a)(4); and

(5) (A) Qualifying Wages. For any benefit year, he or she has during his or her base period been paid wages in at least two (2) quarters of his or her base period for insured work, and the total wages paid during his or her base period equal not less than thirty-five (35) times his or her weekly benefit amount. (B) Requalifying Wages. For all benefit years, an individual shall not requalify on a succeeding benefit year claim unless he or she has been paid wages for insured work equal to not less than thirty-five (35) times his or her weekly benefit amount and has wages paid for insured work in at least two (2) calendar quarters of his or her base period and, subsequent to filing the claim that established his or her previous benefit year, he or she has had insured work and was paid wages for insured work equal to ten (10) times his or her weekly benefit amount. (C) With respect to weeks of unemployment, wages for insured work shall include wages paid for previously uncovered services. For the purposes of this section, the term "previously uncovered services" means services: (i) Which were not employment as defined in § 11-10-210(a) and were not services covered pursuant to § 11-10-210(d) at any time during the one-year period; and (ii) Which are: (a) Agricultural labor, as defined in § 11-10-210(f)(1) ; or (b) Services performed by an employee of a political subdivision of this state, as provided in § 11-10-210(a)(2)(B) , or by an employee of a nonprofit educational institution which is not an institution of higher education, as provided in § 11-10-210(a)(3) , except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was paid on the basis of such services. (D) For the purpose of this subdivision (a)(5), wages shall be counted as "wages for insured work" for benefit purposes with respect to any benefit year only if the benefit year begins subsequent to the date on which the employing unit by which the wages were paid has satisfied the conditions of § 11-10-209 with respect to becoming an employer.

(A) Qualifying Wages. For any benefit year, he or she has during his or her base period been paid wages in at least two (2) quarters of his or her base period for insured work, and the total wages paid during his or her base period equal not less than thirty-five (35) times his or her weekly benefit amount.

(B) Requalifying Wages. For all benefit years, an individual shall not requalify on a succeeding benefit year claim unless he or she has been paid wages for insured work equal to not less than thirty-five (35) times his or her weekly benefit amount and has wages paid for insured work in at least two (2) calendar quarters of his or her base period and, subsequent to filing the claim that established his or her previous benefit year, he or she has had insured work and was paid wages for insured work equal to ten (10) times his or her weekly benefit amount.

(C) With respect to weeks of unemployment, wages for insured work shall include wages paid for previously uncovered services. For the purposes of this section, the term "previously uncovered services" means services: (i) Which were not employment as defined in § 11-10-210(a) and were not services covered pursuant to § 11-10-210(d) at any time during the one-year period; and (ii) Which are: (a) Agricultural labor, as defined in § 11-10-210(f)(1) ; or (b) Services performed by an employee of a political subdivision of this state, as provided in § 11-10-210(a)(2)(B) , or by an employee of a nonprofit educational institution which is not an institution of higher education, as provided in § 11-10-210(a)(3) , except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was paid on the basis of such services.

(i) Which were not employment as defined in § 11-10-210(a) and were not services covered pursuant to § 11-10-210(d) at any time during the one-year period; and

(ii) Which are: (a) Agricultural labor, as defined in § 11-10-210(f)(1) ; or (b) Services performed by an employee of a political subdivision of this state, as provided in § 11-10-210(a)(2)(B) , or by an employee of a nonprofit educational institution which is not an institution of higher education, as provided in § 11-10-210(a)(3) , except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was paid on the basis of such services.

(a) Agricultural labor, as defined in § 11-10-210(f)(1) ; or

(b) Services performed by an employee of a political subdivision of this state, as provided in § 11-10-210(a)(2)(B) , or by an employee of a nonprofit educational institution which is not an institution of higher education, as provided in § 11-10-210(a)(3) , except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was paid on the basis of such services.

(D) For the purpose of this subdivision (a)(5), wages shall be counted as "wages for insured work" for benefit purposes with respect to any benefit year only if the benefit year begins subsequent to the date on which the employing unit by which the wages were paid has satisfied the conditions of § 11-10-209 with respect to becoming an employer.

(b) (1) Notwithstanding subdivision (a)(3) of this section, the division shall require at least five (5) work search contacts per week in which an individual submits a claim for benefits. (2) If an individual fails to complete the number of work search contacts required under subdivision (b)(1) of this section during a week in which he or she submits a claim for benefits, the individual is not eligible for benefits for that week. (3) The division shall audit at least one hundred (100) of all weekly work search reports for work search verification each week.

(1) Notwithstanding subdivision (a)(3) of this section, the division shall require at least five (5) work search contacts per week in which an individual submits a claim for benefits.

(2) If an individual fails to complete the number of work search contacts required under subdivision (b)(1) of this section during a week in which he or she submits a claim for benefits, the individual is not eligible for benefits for that week.

(3) The division shall audit at least one hundred (100) of all weekly work search reports for work search verification each week.

(c) As used in this section, "work search contact" is defined by rule as the director may prescribe and includes without limitation the following actions if done for the purposes of securing employment: (1) Completing and submitting a job application or resume to an employer; (2) Attending and completing an interview with an employer; (3) Attending a job fair; or (4) Participating in job skill training at a workforce center or training in a demand occupation with an eligible training provider.

(1) Completing and submitting a job application or resume to an employer;

(2) Attending and completing an interview with an employer;

(3) Attending a job fair; or

(4) Participating in job skill training at a workforce center or training in a demand occupation with an eligible training provider.

Amended by Act 2023, No. 587,§ 2, eff. 1/1/2024.

Amended by Act 2019, No. 453,§ 2, eff. 10/1/2019.

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

Amended by Act 2019, No. 315,§ 820, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 239, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 238, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 237, eff. 7/1/2019.

Acts 1941, No. 391, § 4; 1943, No. 138, § 29; 1947, No. 398, § 3; 1949, No. 155, § 4; 1953, No. 162, § 2; 1959, No. 13, § 3; 1963, No. 93, § 5; 1971, No. 35, § 8; 1973, No. 329, § 5; 1975 (Extended Sess., 1976), No. 1083, § 5; 1977, No. 376, § 7; 1979, No. 492, § 4; 1979, No. 922, § 4; 1981, No. 43, §§ 6, 7; 1983, No. 482, §§ 13, 14; 1985, No. 8, § 5; 1985, No. 9, § 5; A.S.A. 1947, § 81-1105; reen. Acts 1987, No. 672, § 4; Acts 1987, No. 753, § 12; 1989, No. 420, § 6; 1991, No. 48, § 3; 1991, No. 100, § 27; 1993, No. 6, § 5; 1995, No. 519, § 5; 1999, No. 1116, § 9; 2003, No. 1223, § 4; 2009, No. 653, §§ 2, 3; 2009, No. 802, § 3; 2011, No. 861, § 3.

Act 2023, No. 587,§ 1 provides that This act shall be known and may be cited as the "Arkansas Reemployment Act".
Ark. Code Ann. § 11-10-708 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-708
Future rates - Advance interest tax
Status: in_force

(a) (1) (A) In addition to the contributions and any stabilization and extended benefits taxes levied under other provisions of §§ 11-10-703 - 11-10-708 , each employer, except employers that have made an election to reimburse the Unemployment Compensation Fund under § 11-10-713(c) , shall pay a separate and additional tax, to be known as the advance interest tax, on wages paid by that employer with respect to employment. (B) For rate years beginning on and after January 1, 1993, the advance interest tax shall be two-tenths of one percent (0.2%) when the state has an outstanding interest-bearing advance under Title XII of the Social Security Act. (C) The tax is effective the first month of the quarter following the state's obtaining an interest-bearing advance and shall remain until the quarter immediately following the repayment of the advancement and the Employment Security Advance Interest Trust Fund, § 19-5-935 , attains a balance of five million dollars ($5,000,000). (2) For purposes of this section, the definition of the assets of the trust fund shall be the same as that set forth in § 11-10-706 , and the computation date is defined as September 30 of the calendar year preceding the tax year. (3) This advance interest tax shall not be credited to the separate account of any employer. It shall be levied and collected in the same manner as contributions and shall be subject to the same penalty and interest, collection, impoundment, priority, lien, certificate of assessment, and assessment provisions and procedures set forth in §§ 11-10-716 - 11-10-722 . (b) (1) Receipts from this advance interest tax and any penalty and interest collected on overdue advance interest taxes shall be deposited into the Unemployment Compensation Fund Clearing Account. (2) At least once each month, deposits that have been established as advance interest tax payments and any interest and penalty payments applicable to the advance interest payments shall be paid over to the Treasurer of State and credited by the Treasurer of State to the Employment Security Advance Interest Trust Fund created and established in the State Treasury. (3) All income from investment of the Employment Security Advance Interest Trust Fund shall be deposited and credited to that Employment Security Advance Interest Trust Fund. (4) All withdrawals shall be upon voucher warrants issued, or caused to be issued, by the Director of the Division of Workforce Services as authorized by legislative appropriation and, except as otherwise provided herein, shall be used only for the purpose of: (A) Paying interest incurred by the state on advances obtained from the federal Unemployment Trust Fund under Title XII of the Social Security Act; (B) Making refunds of the aforementioned advance interest tax and interest and penalty payments attributed to the advance interest tax which were erroneously paid; and (C) Returning moneys to the Unemployment Compensation Fund Clearing Account that may have been incorrectly identified and erroneously transferred to the Employment Security Advance Interest Trust Fund in the State Treasury. (c) (1) On November 10 of each calendar year, the director shall transfer all assets of the Employment Security Advance Interest Trust Fund that exceed five million dollars ($5,000,000) to the Unemployment Compensation Fund, § 11-10-801 , provided that the state has no interest-bearing advances obtained from the federal Unemployment Trust Fund under Title XII of the Social Security Act outstanding. (2) [Repealed.] (d) Any interest required to be paid on advances obtained by the state under Title XII of the Social Security Act shall be paid in a timely manner and shall not be paid directly or indirectly by an equivalent reduction in unemployment contributions or taxes imposed under other provisions of §§ 11-10-701 - 11-10-715 or otherwise from amounts in the Unemployment Compensation Fund established under § 11-10-801 et seq. (e) The director shall promulgate such rules as are necessary to carry out the provisions of this section. Amended by Act 2019, No. 315,§ 830, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 291, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 290, eff. 7/1/2019. Acts 1941, No. 391, § 7; 1963, No. 93, § 9; 1971, No. 35, §§ 11-13; 1973, No. 329, §§ 10, 11; 1973, No. 350, §§ 2, 3; 1983, No. 482, § 29; 1985, No. 8, § 10; 1985, No. 9, § 10; A.S.A. 1947, § 81-1108; Acts 1991, No. 100, § 42; 1993, No. 6, § 16; 1995, No. 519, § 9.

(a) (1) (A) In addition to the contributions and any stabilization and extended benefits taxes levied under other provisions of §§ 11-10-703 - 11-10-708 , each employer, except employers that have made an election to reimburse the Unemployment Compensation Fund under § 11-10-713(c) , shall pay a separate and additional tax, to be known as the advance interest tax, on wages paid by that employer with respect to employment. (B) For rate years beginning on and after January 1, 1993, the advance interest tax shall be two-tenths of one percent (0.2%) when the state has an outstanding interest-bearing advance under Title XII of the Social Security Act. (C) The tax is effective the first month of the quarter following the state's obtaining an interest-bearing advance and shall remain until the quarter immediately following the repayment of the advancement and the Employment Security Advance Interest Trust Fund, § 19-5-935 , attains a balance of five million dollars ($5,000,000). (2) For purposes of this section, the definition of the assets of the trust fund shall be the same as that set forth in § 11-10-706 , and the computation date is defined as September 30 of the calendar year preceding the tax year. (3) This advance interest tax shall not be credited to the separate account of any employer. It shall be levied and collected in the same manner as contributions and shall be subject to the same penalty and interest, collection, impoundment, priority, lien, certificate of assessment, and assessment provisions and procedures set forth in §§ 11-10-716 - 11-10-722 .

(1) (A) In addition to the contributions and any stabilization and extended benefits taxes levied under other provisions of §§ 11-10-703 - 11-10-708 , each employer, except employers that have made an election to reimburse the Unemployment Compensation Fund under § 11-10-713(c) , shall pay a separate and additional tax, to be known as the advance interest tax, on wages paid by that employer with respect to employment. (B) For rate years beginning on and after January 1, 1993, the advance interest tax shall be two-tenths of one percent (0.2%) when the state has an outstanding interest-bearing advance under Title XII of the Social Security Act. (C) The tax is effective the first month of the quarter following the state's obtaining an interest-bearing advance and shall remain until the quarter immediately following the repayment of the advancement and the Employment Security Advance Interest Trust Fund, § 19-5-935 , attains a balance of five million dollars ($5,000,000).

(A) In addition to the contributions and any stabilization and extended benefits taxes levied under other provisions of §§ 11-10-703 - 11-10-708 , each employer, except employers that have made an election to reimburse the Unemployment Compensation Fund under § 11-10-713(c) , shall pay a separate and additional tax, to be known as the advance interest tax, on wages paid by that employer with respect to employment.

(B) For rate years beginning on and after January 1, 1993, the advance interest tax shall be two-tenths of one percent (0.2%) when the state has an outstanding interest-bearing advance under Title XII of the Social Security Act.

(C) The tax is effective the first month of the quarter following the state's obtaining an interest-bearing advance and shall remain until the quarter immediately following the repayment of the advancement and the Employment Security Advance Interest Trust Fund, § 19-5-935 , attains a balance of five million dollars ($5,000,000).

(2) For purposes of this section, the definition of the assets of the trust fund shall be the same as that set forth in § 11-10-706 , and the computation date is defined as September 30 of the calendar year preceding the tax year.

(3) This advance interest tax shall not be credited to the separate account of any employer. It shall be levied and collected in the same manner as contributions and shall be subject to the same penalty and interest, collection, impoundment, priority, lien, certificate of assessment, and assessment provisions and procedures set forth in §§ 11-10-716 - 11-10-722 .

(b) (1) Receipts from this advance interest tax and any penalty and interest collected on overdue advance interest taxes shall be deposited into the Unemployment Compensation Fund Clearing Account. (2) At least once each month, deposits that have been established as advance interest tax payments and any interest and penalty payments applicable to the advance interest payments shall be paid over to the Treasurer of State and credited by the Treasurer of State to the Employment Security Advance Interest Trust Fund created and established in the State Treasury. (3) All income from investment of the Employment Security Advance Interest Trust Fund shall be deposited and credited to that Employment Security Advance Interest Trust Fund. (4) All withdrawals shall be upon voucher warrants issued, or caused to be issued, by the Director of the Division of Workforce Services as authorized by legislative appropriation and, except as otherwise provided herein, shall be used only for the purpose of: (A) Paying interest incurred by the state on advances obtained from the federal Unemployment Trust Fund under Title XII of the Social Security Act; (B) Making refunds of the aforementioned advance interest tax and interest and penalty payments attributed to the advance interest tax which were erroneously paid; and (C) Returning moneys to the Unemployment Compensation Fund Clearing Account that may have been incorrectly identified and erroneously transferred to the Employment Security Advance Interest Trust Fund in the State Treasury.

(1) Receipts from this advance interest tax and any penalty and interest collected on overdue advance interest taxes shall be deposited into the Unemployment Compensation Fund Clearing Account.

(2) At least once each month, deposits that have been established as advance interest tax payments and any interest and penalty payments applicable to the advance interest payments shall be paid over to the Treasurer of State and credited by the Treasurer of State to the Employment Security Advance Interest Trust Fund created and established in the State Treasury.

(3) All income from investment of the Employment Security Advance Interest Trust Fund shall be deposited and credited to that Employment Security Advance Interest Trust Fund.

(4) All withdrawals shall be upon voucher warrants issued, or caused to be issued, by the Director of the Division of Workforce Services as authorized by legislative appropriation and, except as otherwise provided herein, shall be used only for the purpose of: (A) Paying interest incurred by the state on advances obtained from the federal Unemployment Trust Fund under Title XII of the Social Security Act; (B) Making refunds of the aforementioned advance interest tax and interest and penalty payments attributed to the advance interest tax which were erroneously paid; and (C) Returning moneys to the Unemployment Compensation Fund Clearing Account that may have been incorrectly identified and erroneously transferred to the Employment Security Advance Interest Trust Fund in the State Treasury.

(A) Paying interest incurred by the state on advances obtained from the federal Unemployment Trust Fund under Title XII of the Social Security Act;

(B) Making refunds of the aforementioned advance interest tax and interest and penalty payments attributed to the advance interest tax which were erroneously paid; and

(C) Returning moneys to the Unemployment Compensation Fund Clearing Account that may have been incorrectly identified and erroneously transferred to the Employment Security Advance Interest Trust Fund in the State Treasury.

(c) (1) On November 10 of each calendar year, the director shall transfer all assets of the Employment Security Advance Interest Trust Fund that exceed five million dollars ($5,000,000) to the Unemployment Compensation Fund, § 11-10-801 , provided that the state has no interest-bearing advances obtained from the federal Unemployment Trust Fund under Title XII of the Social Security Act outstanding. (2) [Repealed.]

(1) On November 10 of each calendar year, the director shall transfer all assets of the Employment Security Advance Interest Trust Fund that exceed five million dollars ($5,000,000) to the Unemployment Compensation Fund, § 11-10-801 , provided that the state has no interest-bearing advances obtained from the federal Unemployment Trust Fund under Title XII of the Social Security Act outstanding.

(2) [Repealed.]

(d) Any interest required to be paid on advances obtained by the state under Title XII of the Social Security Act shall be paid in a timely manner and shall not be paid directly or indirectly by an equivalent reduction in unemployment contributions or taxes imposed under other provisions of §§ 11-10-701 - 11-10-715 or otherwise from amounts in the Unemployment Compensation Fund established under § 11-10-801 et seq.

(e) The director shall promulgate such rules as are necessary to carry out the provisions of this section.

Amended by Act 2019, No. 315,§ 830, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 291, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 290, eff. 7/1/2019.

Acts 1941, No. 391, § 7; 1963, No. 93, § 9; 1971, No. 35, §§ 11-13; 1973, No. 329, §§ 10, 11; 1973, No. 350, §§ 2, 3; 1983, No. 482, § 29; 1985, No. 8, § 10; 1985, No. 9, § 10; A.S.A. 1947, § 81-1108; Acts 1991, No. 100, § 42; 1993, No. 6, § 16; 1995, No. 519, § 9.
Ark. Code Ann. § 11-7-318 — AR Code / Title 11 / Chapter 7 / Subchapter 3 / Section 11-7-318
Age of miners
Status: in_force

No person under the age of eighteen (18) years shall be permitted to enter any mine to work therein. Acts 1893, No. 125, § 7, p. 213; C. & M. Dig., § 7266; Pope's Dig., § 9322; Acts 1949, No. 268, § 4; A.S.A. 1947, § 52-612; 2005, No. 442, § 1.

No person under the age of eighteen (18) years shall be permitted to enter any mine to work therein.

Acts 1893, No. 125, § 7, p. 213; C. & M. Dig., § 7266; Pope's Dig., § 9322; Acts 1949, No. 268, § 4; A.S.A. 1947, § 52-612; 2005, No. 442, § 1.
Ark. Code Ann. § 11-10-545 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-545
Benefits paid to former employee of state agency
Status: in_force

(a) At the end of each calendar quarter, the Division of Workforce Services shall certify to a state agency the unemployment compensation benefit payments made to a former state agency employee who claimed and qualified for unemployment compensation benefits under the Division of Workforce Services Law, § 11-10-101 et seq. (b) Upon satisfaction by the Chief Fiscal Officer of the State that the payments to a former state agency employee were made in accordance with the Division of Workforce Services Law, § 11-10-101 et seq., the Chief Fiscal Officer of the State shall disburse funds appropriated for unemployment compensation claims to reimburse the division for benefits paid in the previous calendar quarter. Added by Act 2023, No. 796,§ 48, eff. 7/1/2023.

(a) At the end of each calendar quarter, the Division of Workforce Services shall certify to a state agency the unemployment compensation benefit payments made to a former state agency employee who claimed and qualified for unemployment compensation benefits under the Division of Workforce Services Law, § 11-10-101 et seq.

(b) Upon satisfaction by the Chief Fiscal Officer of the State that the payments to a former state agency employee were made in accordance with the Division of Workforce Services Law, § 11-10-101 et seq., the Chief Fiscal Officer of the State shall disburse funds appropriated for unemployment compensation claims to reimburse the division for benefits paid in the previous calendar quarter.

Added by Act 2023, No. 796,§ 48, eff. 7/1/2023.
Ark. Code Ann. § 11-10-613 — AR Code / Title 11 / Chapter 10 / Subchapter 6 / Section 11-10-613
Extended benefits
Status: in_force

An individual who has received all of the combined unemployment compensation and shared work unemployment compensation available in a benefit year shall be considered an exhaustee for purposes of extended benefits, as provided under the provisions of §§ 11-10-534 - 11-10-543 , and, if otherwise eligible under those provisions, shall be eligible to receive extended benefits. Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n.

An individual who has received all of the combined unemployment compensation and shared work unemployment compensation available in a benefit year shall be considered an exhaustee for purposes of extended benefits, as provided under the provisions of §§ 11-10-534 - 11-10-543 , and, if otherwise eligible under those provisions, shall be eligible to receive extended benefits.

Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n.
Ark. Code Ann. § 11-6-114 — AR Code / Title 11 / Chapter 6 / Section 11-6-114
Seasonal agricultural labor permitted
Status: in_force

(a) As used in this section, "employed in agriculture" means employed as a seasonal agricultural laborer to pick, plant, harvest, grade, sort, or haul any crop, fruit, or vegetable by use of the employee's hands. (b) Except as provided in this section, the provisions of this chapter relating to child labor, shall not apply to any employee employed in agriculture outside of school hours of the school district where such employee is living while he or she is so employed, if such employee is fourteen (14) years of age or older. (c) The provisions of §§ 11-6-108 and 11-6-110 , relating to hours of employment, shall apply to any person employed under this section. Acts 1993, No. 1120, § 1.

(a) As used in this section, "employed in agriculture" means employed as a seasonal agricultural laborer to pick, plant, harvest, grade, sort, or haul any crop, fruit, or vegetable by use of the employee's hands.

(b) Except as provided in this section, the provisions of this chapter relating to child labor, shall not apply to any employee employed in agriculture outside of school hours of the school district where such employee is living while he or she is so employed, if such employee is fourteen (14) years of age or older.

(c) The provisions of §§ 11-6-108 and 11-6-110 , relating to hours of employment, shall apply to any person employed under this section.

Acts 1993, No. 1120, § 1.
Ark. Code Ann. § 11-7-319 — AR Code / Title 11 / Chapter 7 / Subchapter 3 / Section 11-7-319
Bond for semimonthly payment of wages
Status: in_force

(a) (1) Every person, firm, association, or corporation engaged in mining or producing coal or in the operation of a coal mine or coal mining business and employing more than three (3) persons in connection therewith shall give a qualified bond with good and sufficient surety to the State of Arkansas, for the use and benefit of the employees, conditioned to the effect that the employer will pay to the employees semimonthly the full amount that shall be due the employees on each semimonthly payday, as defined in this section. (2) The bond shall be in the amount as scheduled in this subsection, based upon the number of employees of any coal mine for which the bond is made, as follows: (A) Where the number of employees is not less than three (3) but less than twelve (12), the bond shall be two thousand five hundred dollars ($2,500); (B) Where the number of employees is not less than twelve (12) but less than fifty (50), the bond shall be eight thousand dollars ($8,000); (C) Where the number of employees is not less than fifty (50) but less than one hundred fifty (150), the amount of the bond shall be ten thousand dollars ($10,000); (D) Where the number of employees is not less than one hundred fifty (150) but less than three hundred (300), the amount of the bond shall be fifteen thousand dollars ($15,000); (E) Where the number of employees is three hundred (300) or more, the amount of the bond shall be twenty thousand dollars ($20,000). (3) In the event any one (1) person, firm, association, or corporation shall operate more than one (1) coal mine, a separate bond shall be given for the benefit of the employees in each mine. (4) The bond shall be filed with the clerk of the circuit court and shall be approved by the circuit court of the county where the labor, to secure the payment of which the bond is given, shall be performed. (5) (A) In the event of variance in the number of employees, or when any bond shall not conform with the above schedule, any employee or interested person may, upon showing to the circuit court, have the court declare the number of employees of the employer in any mine, and thereupon, the court shall fix the amount of bond required by appropriate order. (B) Any interested person may appeal the order in the manner now provided by law. (6) The bond shall secure claims for labor only, including assignees of claims for labor and those who have advanced any money or thing of value to any employee on the order of his employer. (b) (1) (A) Any employee or group of employees, who shall not be paid their wages when due, may proceed against the principal and sureties on the bond in an action in the circuit court of the county where the mine at which the labor was performed is situated, and for this purpose the mine shall be deemed to be situated at the place where its principal opening is situated. (B) Any employees in the same mine may join in one (1) action, and process in the action shall run throughout the state. (2) In an action brought to recover on the bond, the court shall assess a reasonable attorney's fee for the attorney for the plaintiff if the plaintiff prevails therein, the fee to be adjudged as costs against the principal and sureties in the bond. (3) No wages shall be deemed to be due for labor performed during the first half of any month until the first weekday of the following month and for labor performed during the last half of any month until the sixteenth day of the following month, and any action to recover on the bond must be commenced within thirty (30) days from the date of default in the payment of wages when due. (c) (1) Any person, firm, association, or corporation who shall fail or refuse to comply with the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each violation. (2) When any person, firm, or corporation shall fail or refuse to comply herewith, the State Mine Inspector or any interested person may apply to the circuit court having jurisdiction pursuant to subdivision (a)(4) of this section for an order enjoining and preventing the operation of any mine, by anyone, until this section is complied with, and upon proper showing, the order shall be made by the circuit court. (3) The mine inspector, in his or her official capacity, shall not be required to give bond to obtain the order. (4) Any regularly constituted labor union of mining laborers shall be deemed an interested person within the meaning of this section. (d) This section shall not prevent the enforcement of any remedies now provided for laborers to enforce payment of their wages but shall be cumulative thereto; provided, the remedy here provided must be exhausted before any other remedy may be invoked. Acts 1937, No. 116, § 1; Pope's Dig., §§ 8543-8548; Acts 1939, No. 193, §§ 1, 2; 1957, No. 338, § 1; A.S.A. 1947, §§ 52-630, 52-631.

(a) (1) Every person, firm, association, or corporation engaged in mining or producing coal or in the operation of a coal mine or coal mining business and employing more than three (3) persons in connection therewith shall give a qualified bond with good and sufficient surety to the State of Arkansas, for the use and benefit of the employees, conditioned to the effect that the employer will pay to the employees semimonthly the full amount that shall be due the employees on each semimonthly payday, as defined in this section. (2) The bond shall be in the amount as scheduled in this subsection, based upon the number of employees of any coal mine for which the bond is made, as follows: (A) Where the number of employees is not less than three (3) but less than twelve (12), the bond shall be two thousand five hundred dollars ($2,500); (B) Where the number of employees is not less than twelve (12) but less than fifty (50), the bond shall be eight thousand dollars ($8,000); (C) Where the number of employees is not less than fifty (50) but less than one hundred fifty (150), the amount of the bond shall be ten thousand dollars ($10,000); (D) Where the number of employees is not less than one hundred fifty (150) but less than three hundred (300), the amount of the bond shall be fifteen thousand dollars ($15,000); (E) Where the number of employees is three hundred (300) or more, the amount of the bond shall be twenty thousand dollars ($20,000). (3) In the event any one (1) person, firm, association, or corporation shall operate more than one (1) coal mine, a separate bond shall be given for the benefit of the employees in each mine. (4) The bond shall be filed with the clerk of the circuit court and shall be approved by the circuit court of the county where the labor, to secure the payment of which the bond is given, shall be performed. (5) (A) In the event of variance in the number of employees, or when any bond shall not conform with the above schedule, any employee or interested person may, upon showing to the circuit court, have the court declare the number of employees of the employer in any mine, and thereupon, the court shall fix the amount of bond required by appropriate order. (B) Any interested person may appeal the order in the manner now provided by law. (6) The bond shall secure claims for labor only, including assignees of claims for labor and those who have advanced any money or thing of value to any employee on the order of his employer.

(1) Every person, firm, association, or corporation engaged in mining or producing coal or in the operation of a coal mine or coal mining business and employing more than three (3) persons in connection therewith shall give a qualified bond with good and sufficient surety to the State of Arkansas, for the use and benefit of the employees, conditioned to the effect that the employer will pay to the employees semimonthly the full amount that shall be due the employees on each semimonthly payday, as defined in this section.

(2) The bond shall be in the amount as scheduled in this subsection, based upon the number of employees of any coal mine for which the bond is made, as follows: (A) Where the number of employees is not less than three (3) but less than twelve (12), the bond shall be two thousand five hundred dollars ($2,500); (B) Where the number of employees is not less than twelve (12) but less than fifty (50), the bond shall be eight thousand dollars ($8,000); (C) Where the number of employees is not less than fifty (50) but less than one hundred fifty (150), the amount of the bond shall be ten thousand dollars ($10,000); (D) Where the number of employees is not less than one hundred fifty (150) but less than three hundred (300), the amount of the bond shall be fifteen thousand dollars ($15,000); (E) Where the number of employees is three hundred (300) or more, the amount of the bond shall be twenty thousand dollars ($20,000).

(A) Where the number of employees is not less than three (3) but less than twelve (12), the bond shall be two thousand five hundred dollars ($2,500);

(B) Where the number of employees is not less than twelve (12) but less than fifty (50), the bond shall be eight thousand dollars ($8,000);

(C) Where the number of employees is not less than fifty (50) but less than one hundred fifty (150), the amount of the bond shall be ten thousand dollars ($10,000);

(D) Where the number of employees is not less than one hundred fifty (150) but less than three hundred (300), the amount of the bond shall be fifteen thousand dollars ($15,000);

(E) Where the number of employees is three hundred (300) or more, the amount of the bond shall be twenty thousand dollars ($20,000).

(3) In the event any one (1) person, firm, association, or corporation shall operate more than one (1) coal mine, a separate bond shall be given for the benefit of the employees in each mine.

(4) The bond shall be filed with the clerk of the circuit court and shall be approved by the circuit court of the county where the labor, to secure the payment of which the bond is given, shall be performed.

(5) (A) In the event of variance in the number of employees, or when any bond shall not conform with the above schedule, any employee or interested person may, upon showing to the circuit court, have the court declare the number of employees of the employer in any mine, and thereupon, the court shall fix the amount of bond required by appropriate order. (B) Any interested person may appeal the order in the manner now provided by law.

(A) In the event of variance in the number of employees, or when any bond shall not conform with the above schedule, any employee or interested person may, upon showing to the circuit court, have the court declare the number of employees of the employer in any mine, and thereupon, the court shall fix the amount of bond required by appropriate order.

(B) Any interested person may appeal the order in the manner now provided by law.

(6) The bond shall secure claims for labor only, including assignees of claims for labor and those who have advanced any money or thing of value to any employee on the order of his employer.

(b) (1) (A) Any employee or group of employees, who shall not be paid their wages when due, may proceed against the principal and sureties on the bond in an action in the circuit court of the county where the mine at which the labor was performed is situated, and for this purpose the mine shall be deemed to be situated at the place where its principal opening is situated. (B) Any employees in the same mine may join in one (1) action, and process in the action shall run throughout the state. (2) In an action brought to recover on the bond, the court shall assess a reasonable attorney's fee for the attorney for the plaintiff if the plaintiff prevails therein, the fee to be adjudged as costs against the principal and sureties in the bond. (3) No wages shall be deemed to be due for labor performed during the first half of any month until the first weekday of the following month and for labor performed during the last half of any month until the sixteenth day of the following month, and any action to recover on the bond must be commenced within thirty (30) days from the date of default in the payment of wages when due.

(1) (A) Any employee or group of employees, who shall not be paid their wages when due, may proceed against the principal and sureties on the bond in an action in the circuit court of the county where the mine at which the labor was performed is situated, and for this purpose the mine shall be deemed to be situated at the place where its principal opening is situated. (B) Any employees in the same mine may join in one (1) action, and process in the action shall run throughout the state.

(A) Any employee or group of employees, who shall not be paid their wages when due, may proceed against the principal and sureties on the bond in an action in the circuit court of the county where the mine at which the labor was performed is situated, and for this purpose the mine shall be deemed to be situated at the place where its principal opening is situated.

(B) Any employees in the same mine may join in one (1) action, and process in the action shall run throughout the state.

(2) In an action brought to recover on the bond, the court shall assess a reasonable attorney's fee for the attorney for the plaintiff if the plaintiff prevails therein, the fee to be adjudged as costs against the principal and sureties in the bond.

(3) No wages shall be deemed to be due for labor performed during the first half of any month until the first weekday of the following month and for labor performed during the last half of any month until the sixteenth day of the following month, and any action to recover on the bond must be commenced within thirty (30) days from the date of default in the payment of wages when due.

(c) (1) Any person, firm, association, or corporation who shall fail or refuse to comply with the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each violation. (2) When any person, firm, or corporation shall fail or refuse to comply herewith, the State Mine Inspector or any interested person may apply to the circuit court having jurisdiction pursuant to subdivision (a)(4) of this section for an order enjoining and preventing the operation of any mine, by anyone, until this section is complied with, and upon proper showing, the order shall be made by the circuit court. (3) The mine inspector, in his or her official capacity, shall not be required to give bond to obtain the order. (4) Any regularly constituted labor union of mining laborers shall be deemed an interested person within the meaning of this section.

(1) Any person, firm, association, or corporation who shall fail or refuse to comply with the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each violation.

(2) When any person, firm, or corporation shall fail or refuse to comply herewith, the State Mine Inspector or any interested person may apply to the circuit court having jurisdiction pursuant to subdivision (a)(4) of this section for an order enjoining and preventing the operation of any mine, by anyone, until this section is complied with, and upon proper showing, the order shall be made by the circuit court.

(3) The mine inspector, in his or her official capacity, shall not be required to give bond to obtain the order.

(4) Any regularly constituted labor union of mining laborers shall be deemed an interested person within the meaning of this section.

(d) This section shall not prevent the enforcement of any remedies now provided for laborers to enforce payment of their wages but shall be cumulative thereto; provided, the remedy here provided must be exhausted before any other remedy may be invoked.

Acts 1937, No. 116, § 1; Pope's Dig., §§ 8543-8548; Acts 1939, No. 193, §§ 1, 2; 1957, No. 338, § 1; A.S.A. 1947, §§ 52-630, 52-631.