Mr. Stephen Copley, Sponsor Give Arkansas A Raise Now Post Office Box 2441 Little Rock, AR 72203-2441
Dear Mr. Copley:
This is in response to your request for certification, pursuant to A.C.A. § 7-9-107 (Repl. 2000), of the following popular name and ballot title for a proposed constitutional amendment:
Popular Name
The Arkansas Minimum Wage Amendment
Ballot Title
A PROPOSED AMENDMENT TO THE ARKANSAS CONSTITUTION RAISING THE STATE MINIMUM WAGE TO $6.15 AN HOUR BEGINNING JANUARY 1, 2007; RAISING THE MINIMUM WAGE EACH YEAR AFTER TO KEEP PACE WITH INCREASES IN THE COST OF LIVING; PERMITTING AN EMPLOYER TO PAY AN EMPLOYEE HALF THE MINIMUM WAGE IF THE EMPLOYER IS ABLE TO DEMONSTRATE THAT TIPS COMBINED WITH WAGES ARE EQUAL TO OR GREATER THAN THE MINIMUM WAGE FOR ALL HOURS WORKED; 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, BUT EXEMPTING 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 EXECUTIVES, ADMINISTRATORS, PROFESSIONALS, OUTSIDE COMMISSION-PAID SALESPERSONS, STUDENTS PERFORMING SERVICES FOR THEIR SCHOOLS, EMPLOYEES OF THE UNITED STATES, CERTAIN EMPLOYEES OF THE STATE AND ANY POLITICAL SUBDIVISION THEREOF, VOLUNTEERS, INDEPENDENT CONTRACTORS, CERTAIN SMALL FARM EMPLOYEES AND OTHER SPECIFIED AGRICULTURAL EMPLOYEES, EMPLOYEES PRINCIPALLY ENGAGED IN THE RANGE PRODUCTION OF LIVESTOCK, EMPLOYEES OF SMALL FORESTRY OR LUMBERING OPERATIONS, SEASONAL CAMP EMPLOYEES, AND CERTAIN NONPROFIT CHILD WELFARE HOUSEPARENTS), BUT MODIFYING THIS DEFINITION OF EMPLOYEE FOR THIS AMENDMENT SO THAT IT NO LONGER EXCLUDES ANY INDIVIDUAL EMPLOYED BY THE STATE OR A POLITICAL SUBDIVISION THEREOF; REQUIRING THE DIRECTOR OF THE DEPARTMENT OF LABOR TO INTERPRET, IMPLEMENT AND ENFORCE THIS AMENDMENT; AUTHORIZING THE DIRECTOR TO ENTER AND INSPECT THE RECORDS AND PLACE OF BUSINESS OR EMPLOYMENT OF ANY EMPLOYER IN THE STATE IN ORDER TO ENFORCE THIS AMENDMENT; REQUIRING THE DIRECTOR TO ESTABLISH NECESSARY OR APPROPRIATE WORKPLACE POSTING AND RECORDKEEPING REQUIREMENTS AND CIVIL PENALTIES PAYABLE TO THE STATE FOR VIOLATIONS OF THE REQUIREMENTS AND STANDARDS PRESCRIBED BY THIS AMENDMENT; PERMITTING ANY PERSON OR ORGANIZATION TO FILE AN ADMINISTRATIVE COMPLAINT WITH THE DIRECTOR CHARGING THAT AN EMPLOYER HAS VIOLATED THIS AMENDMENT; REQUIRING THE DIRECTOR TO PROMPTLY INVESTIGATE SUCH COMPLAINTS; PERMITTING THE DIRECTOR TO REVIEW RECORDS REGARDING ALL EMPLOYEES AT THE EMPLOYER'S WORKSITE IN ORDER TO DETERMINE WHETHER A PATTERN OF VIOLATIONS HAS OCCURRED AND TO PROTECT THE IDENTITY OF ANY EMPLOYEE IDENTIFIED IN THE COMPLAINT; REQUIRING THE NAME OF ANY EMPLOYEE IDENTIFIED IN A COMPLAINT TO BE KEPT CONFIDENTIAL AS LONG AS POSSIBLE AND PERMITTING THE NAME TO BE DISLCOSED ONLY WITH THE EMPLOYEE'S CONSENT; PROHIBITING RETALIATION AGAINST ANY PERSON FOR ASSERTING ANY CLAIM OR RIGHT UNDER THIS AMENDMENT, FOR ASSISTING ANY OTHER PERSON IN DOING SO, OR FOR INFORMING ANY PERSON ABOUT THEIR RIGHTS; PROVIDING THAT AN