Mr. Stephen Copley, Sponsor Give Arkansas A Raise Now Post Office Box 2441 Little Rock, AR 72203-2441
Dear Mr. Copley:
You have requested certification, pursuant to A.C.A. § 7-9-107, of the popular name and ballot title for a proposed amendment to the Arkansas Constitution. You previously submitted a popular name and ballot title for a similar measure, which was rejected due to ambiguities in the text of the proposed measure. See Ark. Op. Att'y Gen. No. 2005-291. Your proposed popular name and ballot title are as follows:
Popular Name
THE ARKANSAS MINIMUM WAGE AMENDMENT
Ballot Title
A PROPOSED AMENDMENT TO THE ARKANSAS CONSTITUTION SETTING THE STATE MINIMUM WAGE AT $6.15 AN HOUR, AN INCREASE FROM THE CURRENT MINIMUM WAGE OF $5.15 PER HOUR, BEGINNING JANUARY 1, 2007; SETTING THE MINIMUM WAGE EACH YEAR AFTER TO KEEP PACE WITH INCREASES OR DECREASES IN THE COST OF LIVING AS MEASURED BY THE CONSUMER PRICE INDEX; EVERY EMPLOYER OF AN EMPLOYEE ENGAGED IN ANY OCCUPATION IN WHICH GRATUITIES HAVE BEEN CUSTOMARILY AND USUALLY CONSTITUTED AND HAVE BEEN RECOGNIZED AS A PART OF REMUNERATION FOR HIRING PURPOSES SHALL BE ENTITLED TO AN ALLOWANCE FOR GRATUITIES AS A PART OF THE HOURLY WAGE RATE PROVIDED IN THIS AMENDMENT IN AN AMOUNT NOT TO EXCEED FIFTY PERCENT (50%) OF THE MINIMUM WAGE ESTABLISHED BY THIS AMENDMENT, PROVIDED THAT THE EMPLOYEE ACTUALLY RECEIVED THAT AMOUNT IN GRATUITIES AND THAT THE APPLICATION OF THE FOREGOING GRATUITY ALLOWANCES RESULTS IN PAYMENT OF WAGES OTHER THAN GRATUITIES TO TIPPED EMPLOYEES OF NO LESS THAN FIFTY PERCENT (50%) OF THE MINIMUM WAGE PRESCRIBED BY THIS AMENDMENT; DEFINING "EMPLOYER" AS INCLUDING ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, CORPORATION, BUSINESS TRUST, OR ENTITY, ANY PERSON OR GROUP OF PERSONS ACTING DIRECTLY OR INDIRECTLY IN THE INTEREST OF AN EMPLOYER IN RELATION TO AN EMPLOYEE, AND THE STATE AND ANY POLITICAL SUBDIVISIONS, INCLUDING BUT NOT LIMITED TO ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY SUBJECT TO THE MINIMUM WAGE PROVISIONS OF THE FEDERAL FAIR LABOR STANDARDS ACT OF 1938; BUT EXCLUDING ANY EMPLOYER FOR ANY WORKWEEK IN WHICH FEWER THAN FOUR (4) EMPLOYEES ARE EMPLOYED; ADOPTING THE DEFINITION OF "EMPLOYEE" UNDER SECTION 11-4-203(3) OF THE ARKANSAS CODE AS OF NOVEMBER 1, 2005 (WHICH EXCLUDES FROM COVERAGE ANY INDIVIDUAL EMPLOYED IN A BONA FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY OR AS AN OUTSIDE COMMISSION-PAID SALESPERSON WHO CUSTOMARILY PERFORMS HIS OR HER SERVICES AWAY FROM HIS OR HER EMPLOYER'S PREMISES TAKING ORDERS FOR GOODS OR SERVICES, STUDENTS PERFORMING SERVICES FOR ANY SCHOOL, COLLEGE, OR UNIVERSITY IN WHICH THEY ARE ENROLLED AND ARE REGULARLY ATTENDING CLASSES, EMPLOYEES OF THE UNITED STATES, ANY INDIVIDUAL ENGAGED IN THE ACTIVITIES OF ANY EDUCATIONAL, CHARITABLE, RELIGIOUS, OR NONPROFIT ORGANIZATION WHERE THE EMPLOYER-EMPLOYEE RELATIONSHIP DOES NOT IN FACT EXIST OR WHERE THE SERVICES ARE RENDERED TO THE ORGANIZATION GRATUITOUSLY, BONA FIDE INDEPENDENT CONTRACTORS, CERTAIN SMALL FARM EMPLOYEES, AND CERTAIN NONPROFIT CHILD WELFARE HOUSEPARENTS), BUT MODIFYING THIS DEFINITION OF EMPLOYEE FOR THIS AMENDMENT SO THAT IT NO LONGER EXCLUDES ALL INDIVIDUALS EMPLOYED BY THE STATE