reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-502 - Weekly benefit amount

(a)
For initial claims filed on or after the first day of the calendar quarter following July 22, 2015, an insured worker's weekly benefit amount shall be an amount equal to one-twenty-sixth (1/26) of his or her average wages for insured work paid during the four (4) quarters of his or her base period.
(b)
(1)
A weekly benefit amount shall not be less than twelve percent (12%) of the state average weekly wage for insured employment for the preceding calendar year for benefit years beginning after June 30, 1987.
(2)
However, effective July 1, 2012, the weekly minimum benefit amount established in subdivision (b)(1) of this section shall not be greater than eighty-one dollars ($81.00).
(c)
(1)
A weekly benefit amount shall not be greater than sixty-six and two-thirds percent (662/3%) of the state average weekly wage for insured employment for the previous calendar year for benefit years beginning after June 30, 1985.
(2)
However, effective July 1, 2012, the weekly maximum benefit amount established in subdivision (c)(1) of this section shall not be greater than four hundred fifty-one dollars ($451).
(d)
Weekly benefit amounts that are not in even multiples of one dollar ($1.00) shall be rounded to the next lower full dollar amount.
(e)
On June 1 of each year, the Director of the Division of Workforce Services shall determine the average weekly wage for insured employment for the preceding calendar year in the following manner:
(1)
The sum of the total monthly employment reported for the calendar year shall be divided by twelve (12) to determine the average monthly employment;
(2)
The sum of the total wages reported for the previous calendar year shall be divided by the average monthly employment to determine the average annual wage; and
(3)
The average annual wage shall be divided by fifty-two (52) to determine the average weekly wage for insured employment.
Amended by Act 2019, No. 910,§ 233, eff. 7/1/2019.
Amended by Act 2015, No. 412,§ 2, eff. 7/22/2015.
Acts 1941, No. 391, § 3; 1943, No. 138, § 26; 1943, No. 263, § 1; 1947, No. 398, § 2; 1949, No. 155, § 3; 1955, No. 395, § 5; 1959, No. 13, § 1; 1963, No. 93, § 4; 1971, No. 35, § 7; 1977, No. 366, § 5; 1981, No. 43, § 2; 1983, No. 482, § 7; 1985, No. 8, § 3; 1985, No. 9, § 3; A.S.A. 1947, § 81-1104; Acts 1987, No. 753, § 6; 1991, No. 48, § 2; 2001, No. 1367, § 3; 2001, No. 1757, § 8; 2003, No. 353, § 2; 2011, No. 861, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-503 - Weekly benefits for partial unemployment

(a)
Any insured worker who is unemployed in any week as defined in §
11-10-214
and who meets the eligibility requirements of §§
11-10-507
-
11-10-511
shall be paid, with respect to the week, an amount equal to his or her weekly benefit amount less that part of any earnings payable to him or her with respect to the week that is in excess of forty percent (40%) of his or her weekly benefit amount.
(b)
The benefits, if not a multiple of one dollar ($1.00), shall be rounded to the next lower multiple of one dollar ($1.00).
Acts 1941, No. 391, § 3; 1943, No. 138, § 27; 1949, No. 155, § 3; 1955, No. 395, § 6; 1959, No. 13, § 2; 1963, No. 93, § 4; 1971, No. 35, § 7; 1983, No. 482, § 8; A.S.A. 1947, § 81-1104; Acts 2007, No. 490, § 3.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-504 - Maximum benefits payable

(a)
(1)
For initial claims filed on or after January 1, 2018, the maximum potential benefits of an insured worker in a benefit year shall be the amount equal to the lesser of:
(A)
Sixteen (16) times his or her weekly benefit amount; or
(B)
One-third (1/3) of his or her wages for insured work in his or her base period.
(2)
For initial claims filed on or after January 1, 2024, the maximum potential benefits of an insured worker in a benefit year shall be the amount equal to the lesser of:
(A)
Twelve (12) times his or her weekly benefit amount; or
(B)
One-third (1/3) of his or her wages for insured work in his or her base period.
(b)
If the total amount of benefits is not a multiple of his or her weekly benefit amount, it shall be computed to the next higher multiple of his or her weekly benefit amount.
Amended by Act 2023, No. 196,§ 2, eff. 3/6/2023.
Amended by Act 2017, No. 734,§ 3, eff. 8/1/2017.
Amended by Act 2015, No. 412,§ 3, eff. 7/22/2015.
Acts 1941, No. 391, § 3; 1943, No. 138, § 28; 1947, No. 398, § 2; 1949, No. 155, § 3; 1955, No. 395, § 7; 1959, No. 13, § 1; 1981, No. 43, § 3; 1983, No. 482, § 10; A.S.A. 1947, § 81-1104; Acts 2011, No. 861, § 2.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-505 - Failure of base-period employer to respond

(a)
(1)
(A)
A notice to the base-period employer shall be mailed or posted online, or both, promptly to each employer appearing on the claimant's monetary determination as a base-period employer.
(B)
Employers may choose to receive and respond to notice under this section through the mail or online, or both.
(2)
(A)
If any base-period employer fails to respond to the notice to the base-period employer within fifteen (15) calendar days, the employer shall be deemed to have waived the employer's right to respond.
(B)
The Director of the Division of Workforce Services may accept the statement given by the claimant as his or her reason for separation from the base-period employer and may base his or her determination on the statement given by the claimant.
(b)
The director shall adopt rules necessary to carry out this section.
(c)
The director shall make available on the website of the Division of Workforce Services a program that will allow employers the option to receive and respond to notice under this section.
Amended by Act 2019, No. 910,§ 235, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 234, eff. 7/1/2019.
Acts 1941, No. 391, § 3; 1981, No. 43, § 5; A.S.A. 1947, § 81-1104; Acts 2011, No. 1229, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-508 - Eligibility - Labor dispute - Exceptions

(a)
If so found by the Director of the Division of Workforce Services, no individual may serve a waiting period or be paid benefits for the duration of any period of unemployment if he or she lost his or her employment or has left his or her employment by reason of a labor dispute other than a lockout at the factory, establishment, or other premises at which he or she was employed, regardless of whether or not the labor dispute causes any reduction or cessation of operations at the factory, establishment, or other premises of the employer, as long as the labor dispute continues, and thereafter for such reasonable period of time, if any, as may be necessary for that factory, establishment, or other premises to resume normal operation.
(b)
However, this section shall not apply if it is shown that the individual is not participating in or directly interested in the labor dispute and he or she does not belong to a grade or class of workers of which, immediately before the commencement of the labor dispute, there were members employed at the factory, establishment, or other premises at which the labor dispute occurs, any of whom are participating in or directly interested in the labor dispute.
(c)
If in any case, separate branches of work, which are commonly conducted as separate businesses in separate premises, are conducted in separate departments of the same premises, each such department shall, for the purpose of this section, be deemed to be a separate factory, establishment, or other premises.
Amended by Act 2019, No. 910,§ 240, eff. 7/1/2019.
Acts 1941, No. 391, § 4; 1955, No. 395, § 8; 1959, No. 99, § 1; A.S.A. 1947, § 81-1105.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-510 - Ineligibility - Service in sports or athletics

Benefits shall not be paid to any individual on the basis of any services substantially all of which consist of participating in sports or athletic events or training or preparing to so participate for any week that commences during the period between two (2) successive sport seasons or similar periods if the individual performed the services in the first of the seasons or similar periods and there is a reasonable assurance that the individual will perform these services in the later of such seasons or similar periods.
Acts 1941, No. 391, § 4; 1975, No. 721, § 1; 1977, No. 376, § 9; A.S.A. 1947, § 81-1105.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-511 - Ineligibility - Aliens - Exception

(a)
Benefits shall not be payable on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing those services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of § 212(d)(5) of the Immigration and Nationality Act.
(b)
(1)
Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.
(2)
In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.
Acts 1941, No. 391, § 4; 1977, No. 376, § 10; 1979, No. 492, § 6; A.S.A. 1947, § 81-1105; Acts 1993, No. 6, § 6.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-512 - Disqualification - Satisfaction

(a)
"Week of Unemployment" Defined.
A "week of unemployment" as used in this section and §
11-10-519
means a week during which, except for a disqualification, an individual would be eligible for benefits.
(b)
"Week of Disqualification" Defined.
A "week of disqualification" as used in this section and §
11-10-519(a)(2)
shall be satisfied by a week of unemployment as defined in this section or by a week of employment during which the employee has earnings in an amount equal to his or her weekly benefit amount.
Amended by Act 2019, No. 453,§ 3, eff. 10/1/2019.
Acts 1941, No. 391, § 5; 1949, No. 155, § 5; 1953, No. 162, § 3; 1955, No. 395, § 20; 1971, No. 35, § 9; A.S.A. 1947, § 81-1106; Acts 2001, No. 1367, § 5.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-516 - Disqualification - Refusal to report after layoff

(a)
(1)
If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if while on a layoff of ten (10) weeks or less, he or she refuses to report for work within one (1) week after notice of recall to the same job or to a suitable job similar to the one from which he or she was laid off, or if while unemployed, he or she voluntarily removes his or her name from a recall list set forth in a written contract of a base-period employer, provided that the employer files a written notice of the refusal of recall or removal from a recall list with the Division of Workforce Services within seven (7) days of the occurrence.
(2)
The disqualification shall begin on the date of receipt of the written notice of refusal of recall or removal from the recall list by the division and shall continue until, subsequent to filing his or her claim, he or she has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, or another state, or of the United States.
(b)
No individual shall be disqualified under this section if he or she refuses to report for recall to the job or removes his or her name from a recall list as described in subsection (a) of this section because he or she is employed on a full-time basis, has a written offer of a job, or because of circumstances of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification.
Amended by Act 2019, No. 910,§ 244, eff. 7/1/2019.
Acts 1941, No. 391, § 5; 1955, No. 395, § 14; 1983, No. 482, § 18; A.S.A. 1947, § 81-1106; Acts 1987, No. 753, § 15; 2005, No. 902, § 3.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-518 - Disqualification - Certain workers in training program excepted

(a)
Notwithstanding any other provision of this chapter, an adversely affected worker covered by a certification under Subchapter A, Chapter 2, Title II of the Trade Act of 1974 may not be determined to be ineligible or disqualified for unemployment insurance or Trade Act benefits payable under Part I, Subchapter B, Chapter 2, Title II of the Trade Act of 1974 because the individual is in training approved under Part II, Subchapter B, Chapter 2, Title II of the Trade Act of 1974 because of:
(1)
Leaving work which is not suitable employment to begin or continue training; or
(2)
The application to any such week in training of provisions of this chapter or any state or federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work.
(b)
For purposes of this section, the term "suitable employment" means, with respect to a worker described in this section, work of a substantially equal or higher skill level than the worker's past adversely affected employment and wages for such work at not less than eighty percent (80%) of the worker's average weekly wage.
Acts 1941, No. 391, § 5; 1943, No. 138, § 30; 1947, No. 398, § 4; 1949, No. 155, § 5; 1953, No. 162, § 3; 1955, No. 395, §§ 17, 18; 1963, No. 93, § 6; 1977, No. 376, § 11; 1979, No. 492, § 9; 1979, No. 922, § 9; 1981, No. 43, §§ 6, 7; 1981 (1st Ex. Sess.), No. 37, § 1; A.S.A. 1947, § 81-1106; 2005, No. 902, § 5.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-520 - Claims - Posting of information by employer

(a)
Each employer shall post and maintain, in places readily accessible to individuals in the employer's employ, printed statements concerning benefit rights, claims for benefits, and such other matters relating to the administration of this chapter as the Director of the Division of Workforce Services may by rule prescribe.
(b)
Each employer shall supply to those individuals copies of such printed statements or other materials relating to claims for benefits when, and as, the director may by rule prescribe.
(c)
The printed statements and other materials shall be supplied by the director to each employer without cost to the employer.
Amended by Act 2019, No. 315,§ 821, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 249, eff. 7/1/2019.
Acts 1941, No. 391, § 6; A.S.A. 1947, § 81-1107.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-521 - Claims - Filing - Notice to last employer

(a)
Claims for benefits shall be made in accordance with rules the Director of the Division of Workforce Services prescribes.
(b)
(1)
(A)
A notice of the filing of an initial claim shall be immediately mailed or posted online under subsection (c) of this section, or both, to the employing unit known to the claimant as his or her last employer.
(B)
An employer notified under subdivision (b)(1)(A) of this section may choose to receive and respond to notice under this section through the mail or through the online program under subsection (c) of this section, or both.
(2)
(A)
If a last employer fails to respond within ten (10) calendar days to a notice under this section, the last employer shall be deemed to have waived the right to respond.
(B)
If a last employer's right to respond has been deemed waived under subdivision (b)(2)(A) of this section, the director may accept the statement given by the claimant as his or her reason for separation from the last employer and may base his or her determination on the statement given by the claimant.
(c)
On or before January 1, 2012, the director shall make available on the website of the Division of Workforce Services a program that will allow employers the option to receive and respond to notice under this section.
Amended by Act 2019, No. 315,§ 822, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 251, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 250, eff. 7/1/2019.
Acts 1941, No. 391, § 6; 1953, No. 162, § 4; A.S.A. 1947, § 81-1107; Acts 2011, No. 1229, § 2.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-525 - Claims - Administrative appeal - Review by Board of Review

(a)
An appeal filed by any party shall be allowed as of right if the determination was not affirmed by the appeal tribunal.
(b)
The Board of Review, on its own motion and within the time specified in §
11-10-524
, may initiate a review of the decision of an appeal tribunal or determination of a special examiner or may allow an appeal from the decision on application filed within the time by any party entitled to notice of the decision.
(c)
(1)
Upon review on its own motion or upon appeal and on the basis of evidence previously submitted in the case, or upon the basis of any additional evidence as it may direct be taken, the board may affirm, modify, reverse, dismiss, or remand the case.
(2)
In cases where the board directs that additional evidence be taken in an appeal involving an intrastate claim, an in-person hearing shall be granted if requested by any interested party.
(d)
The board shall promptly notify the parties to any proceeding before it of its decision, including its findings and conclusions in support of the decision.
(e)
The decision shall be final unless within thirty (30) calendar days after the mailing of notice thereof to the parties' last known address or in the absence of the mailing, within thirty (30) calendar days after the delivery of the notice, a proceeding for judicial review is initiated pursuant to §
11-10-529
.
(f)
However, upon denial by the board of an application for appeal from the decision of an appeal tribunal, the decision of the appeal tribunal shall be deemed to be a decision of the board within the meaning of this section for purposes of judicial review and shall be subject to judicial review within the time and in the manner provided for with respect to decisions of the board, except that the time for initiating the review shall run from the date of notice of the order of the board denying the application for appeal.
Acts 1941, No. 391, § 6; 1943, No. 138, § 5; 1953, No. 162, § 9; 1983, No. 482, § 23; A.S.A. 1947, § 81-1107; Acts 1999, No. 1116, § 12; 2003, No. 1223, § 10; 2007, No. 490, § 8; 2009, No. 802, § 7.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-526 - Claims - Administrative appeal - Procedure

(a)
(1)
The Board of Review, appeal tribunal, and special examiners shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the tribunals shall be conducted in such manner as to ascertain the substantial rights of the parties.
(2)
In like manner as provided at §
11-10-307(a)
for the adopting, amending, or rescinding of general rules by the Director of the Division of Workforce Services, the board may adopt reasonable rules governing the manner of filing appeals, the conduct of hearings, and other appellate procedures, consistent with this chapter.
(b)
Hearings on appeals before an appeals tribunal or before the board shall not be held sooner than five (5) days from the date of the mailing of notice thereof to the parties to the appeal.
(c)
When the same or substantially similar evidence is relevant and material to the matters in issue in claims by more than one (1) individual or in claims by a single individual with respect to two (2) or more weeks of unemployment, the same time and place for considering each claim may be fixed, hearings jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one (1) proceeding considered as introduced in the others, provided that in the judgment of the examiner or tribunal having jurisdiction of the proceeding, consolidation would not be prejudicial to any party.
(d)
No person shall participate on behalf of the director or the board in any case in which he or she has a direct or indirect interest.
(e)
A record shall be kept of all testimony and proceedings before special examiners or in connection with an appeal, but the testimony need not be transcribed unless further review is initiated.
(f)
Witnesses subpoenaed pursuant to §§
11-10-520
-
11-10-532
shall be allowed fees at a rate fixed by the director, and fees of witnesses subpoenaed on behalf of the director or any claimant shall be deemed part of the expense of administering this chapter.
Amended by Act 2019, No. 315,§ 824, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 256, eff. 7/1/2019.
Acts 1941, No. 391, § 6; 1943, No. 138, § 6; 1983, No. 482, § 24; A.S.A. 1947, § 81-1107; Acts 1997, No. 234, § 19; 2009, No. 802, § 8.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-527 - Claims - Conclusiveness of determinations and decisions

(a)
Except insofar as reconsideration of any determination is had under the provisions of §
11-10-522
, any right, fact, or matter in issue, directly passed upon or necessarily involved in a determination or redetermination that has become final, or in a decision on appeal under §§
11-10-523
-
11-10-530
that has become final, shall be conclusive for all the purposes of this chapter as between the Director of the Division of Workforce Services, the claimant, and all employing units who had notice of the determination, redetermination, or decision.
(b)
Subject to appeal proceedings and judicial review as provided in §§
11-10-520
-
11-10-532
, any determination, redetermination, or decision as to rights to benefits shall be conclusive for all the purposes of this chapter and shall not be subject to collateral attack by any employing unit, irrespective of notice.
Amended by Act 2019, No. 910,§ 257, eff. 7/1/2019.
Acts 1941, No. 391, § 6; A.S.A. 1947, § 81-1107.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-528 - Claims - Administrative appeal - Rule of decision

(a)
The final decisions of the Board of Review or of an appeal tribunal, and the principles of law declared by it in arriving at the decisions, unless expressly or impliedly overruled by a later decision of the board or by a court of competent jurisdiction, shall be binding upon the Director of the Division of Workforce Services and any examiner or appeal tribunal in subsequent proceedings which involve similar questions of law.
(b)
(1)
However, if in connection with any subsequent proceeding, the director, an examiner, or appeal tribunal has serious doubt as to the correctness of any principle so declared, then they may certify their findings of fact in the case, together with the question of law involved, to the board.
(2)
After giving notice and reasonable opportunity for hearing upon the law to all parties to the proceedings, the board shall certify to the director, the examiner, or appeal tribunal and the parties its answer to the question submitted.
(c)
If the question thus certified to the board arises in connection with a claim for benefits, the board in its discretion may remove to itself the entire proceedings on the claim. After proceeding in accordance with the requirements of §§
11-10-523
-
11-10-530
with respect to proceedings before an appeal tribunal, the board shall render its decision upon the entire claim.
(d)
Any decision made under this section after removal of the proceeding upon a claim to the board shall have the effect of a decision under §
11-10-525
and shall be subject to judicial review within the same time and to the same extent.
Amended by Act 2019, No. 910,§ 258, eff. 7/1/2019.
Acts 1941, No. 391, § 6; 1943, No. 138, § 7; A.S.A. 1947, § 81-1107.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-530 - Claims - Administrative appeal - Representation

(a)
The Director of the Division of Workforce Services shall be a party entitled to notice in any proceeding involving a claim for benefits before a special examiner, an appeal tribunal, or the Board of Review.
(b)
In any proceeding for judicial review pursuant to §
11-10-529
, the director may be represented by any qualified attorney employed by the director and designated by him or her for that purpose, or at the director's request by the Attorney General.
Amended by Act 2019, No. 910,§ 260, eff. 7/1/2019.
Acts 1941, No. 391, § 6; 1943, No. 138, § 9; 1953, No. 162, §§ 4-10; A.S.A. 1947, § 81-1107.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-531 - Claims - Payment of benefits

(a)
Benefits shall be paid promptly in accordance with an initial determination or redetermination that the benefits are due or in accordance with a subsequent decision by any appellate tribunal, board, or court that the benefits are due.
(b)
The pendency of an appeal shall not of itself suspend or stay the payment of benefits once they have been determined to be due.
(c)
Benefits determined to be due shall remain payable during any appeal until the determination has been modified or reversed by a subsequent decision or redetermination, in which case payment of benefits shall be suspended until such time as benefits might later be determined or decided to be due.
Acts 1941, No. 391, § 6; 1943, No. 138, § 10; 1972 (Ex. Sess.), No. 58, § 1; A.S.A. 1947, § 81-1107.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-533 - Claims - Investigation of claims filed by state employees

(a)
The Division of Workforce Services shall investigate all claims for benefits filed by state employees whether or not the employing state agency lodges a protest to the payment of the benefits.
(b)
The investigation shall result in a determination of the eligibility of the employee for payment of benefits.
Amended by Act 2019, No. 910,§ 264, eff. 7/1/2019.
Acts 1977, No. 925, § 3; 1991, No. 100, § 33.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-535 - Extended benefits - Effect of provisions relating to regular benefits

Except when the result would be inconsistent with the other provisions of this section, as provided in the rules of the Director of the Division of Workforce Services, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits.
Amended by Act 2019, No. 315,§ 825, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 266, eff. 7/1/2019.
Acts 1971, No. 35, § 21; A.S.A. 1947, § 81-1124.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-536 - Extended benefits - Eligibility

An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his or her eligibility period only if the Director of the Division of Workforce Services finds that with respect to that week:
(1)
He or she is an exhaustee as defined in §
11-10-534(3)
;
(2)
He or she has satisfied the requirements of §§
11-10-534
-
11-10-543
for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; and
(3)
(A)
He or she was paid wages that exceeded forty (40) times his or her weekly benefit amount during the base period that established his or her last benefit year for the receipt of regular benefits;
(B)
He or she has one and one-half (1½) times his or her insured wages in the calendar quarter of the base period in which his or her insured wages were the highest; or
(C)
He or she has provided evidence of twenty (20) weeks of full-time insured employment in the base period that served as the basis for his or her extended benefits claim.
Amended by Act 2019, No. 910,§ 267, eff. 7/1/2019.
Acts 1971, No. 35, § 21; 1981 (Ex. Sess.), No. 37, § 6; 1983, No. 482, §§ 35, 36; A.S.A. 1947, § 81-1124; Acts 1993, No. 6, § 11.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-537 - Extended benefits - Weekly amount

The weekly extended benefit amount payable to an individual for a week of total unemployment in his or her eligibility period shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit year.
Acts 1971, No. 35, § 21; A.S.A. 1947, § 81-1124.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-538 - Extended benefits - Total amount

(a)
The total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts:
(1)
Fifty percent (50%) of the total amount of regular benefits which are payable to him or her under this chapter in his or her applicable benefit year; or
(2)
Thirteen (13) times his or her weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year.
(b)
Notwithstanding any other provision of §§
11-10-534
-
11-10-543
, or of any federal law, including the Omnibus Budget Reconciliation Act of 1981, Pub. L. No. 97-35, if the benefit year of an adversely affected worker covered by a certification under Subchapter A, Chapter 2, Title II of the Trade Act of 1974, ends within an extended benefit period, the number of weeks of extended benefits that the worker would, but for this section, be entitled to in that extended benefit period shall be reduced but not below zero by the number of weeks for which the worker was entitled, during such benefit year, to trade readjustment allowances under Part I, Subchapter B, Chapter 2, Title II of the Trade Act of 1974. For purposes of this section, the terms "benefit year" and "extended benefit period" shall have the same respective meanings given to them in the Federal-State Extended Unemployment Compensation Act of 1970.
Acts 1971, No. 35, § 21; 1981 (Ex. Sess.), No. 37, § 7; A.S.A. 1947, § 81-1124.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-539 - Extended benefits - Period and computations

(a)
Whenever an extended benefit period is to become effective in this state as a result of a state "on" indicator or an extended benefit period is to be terminated in this state as a result of a state "off" indicator, the Director of the Division of Workforce Services shall have published an appropriate notice in newspapers of general circulation in the state.
(b)
Whenever during a period when emergency unemployment compensation benefits are being paid under the Emergency Unemployment Compensation Act of 1991 or under any subsequent extension or reenactment thereof, the state "on" indicator, as defined in §
11-10-534
, triggers on a period of extended benefits, the Governor may elect not to implement the applicable state statutory provisions relative to unemployment compensation, including, but not limited to, §§
11-10-534
-
11-10-543
, and to continue the payment of benefits under the Emergency Unemployment Compensation Act of 1991 to those individuals who have exhausted their entitlement to regular unemployment compensation under state law.
(c)
Computations required by the provisions of §
11-10-534(8)
shall be made by the director in accordance with regulations prescribed by the United States Secretary of Labor.
Amended by Act 2019, No. 910,§ 268, eff. 7/1/2019.
Acts 1971, No. 35, § 21; 1983, No. 482, § 36; A.S.A. 1947, § 81-1124; Acts 1993, No. 6, § 12.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-540 - Extended benefits - Financing

(a)
(1)
(A)
There is imposed an additional tax on every employer as defined in §
11-10-209
except an employer electing reimbursement under §
11-10-713
or an employer required to reimburse under §
11-10-404
of one-tenth of one percent (0.1%) on taxable wages to defray the cost of extended benefits.
(B)
This extended benefit tax shall not be credited to the separate account of an employer but shall be paid into the Unemployment Compensation Fund Extended Benefits Account.
(2)
(A)
The payment of this tax shall be suspended for any rate year when the assets in this account, excluding any extended benefit taxes not yet paid, on the computation date are more than two-tenths of one percent (0.2%) of total payrolls for employment during the preceding calendar year.
(B)
"Total payrolls", for the purposes of this section, shall exclude payrolls of employers who have elected to reimburse the fund in lieu of contributions under §
11-10-404
or §
11-10-713
.
(C)
(i)
For the purposes of this section, the "assets in this account" as of the computation date shall include only extended benefit tax payments which were paid on or before June 30, the computation date.
(ii)
It shall include any accounts receivable from the United States for its share of extended benefit payments that have been paid from the fund and any accounts receivable from nonprofit employers who have elected to reimburse the fund for benefits paid.
(b)
Extended benefits paid to an eligible individual shall not be charged to the separate account of each employer in the base period but shall be charged against the account.
Acts 1971, No. 35, § 21; 1973, No. 350, §§ 5-7; 1975, No. 609, § 16; A.S.A. 1947, No. 81-1124.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-541 - Extended benefits - Overpayments

The Director of the Division of Workforce Services shall establish and recover extended benefit overpayments in the manner prescribed in §
11-10-532
.
Amended by Act 2019, No. 910,§ 269, eff. 7/1/2019.
Acts 1971, No. 35, § 21; 1977, No. 366, § 10; 1981, No. 43, § 17; A.S.A. 1947, § 81-1124.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-542 - Extended benefits - Not payable under interstate benefit payment plan - Exceptions

(a)
Except as provided in subsection (b) of this section, an individual shall not be eligible for extended benefits for any week if:
(1)
Extended benefits are payable for that week pursuant to an interstate claim filed in any state under the interstate benefit payment plan; and
(2)
No extended benefit period is in effect for that week in that state.
(b)
Subsection (a) of this section shall not apply with respect to the first two (2) weeks for which extended benefits are payable, determined without regard to this section pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the Unemployment Compensation Fund Extended Benefits Account established for the individual with respect to the benefit year.
Acts 1971, No. 35, § 21; 1981, No. 43, § 18; A.S.A. 1947, § 81-1124.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 5 - BENEFITS GENERALLY (§§ 11-10-501 — 11-10-545) › Section 11-10-545 - Benefits paid to former employee of state agency

(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.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 6 - SHARED WORK PLANS (§§ 11-10-601 — 11-10-613) › Section 11-10-601 - Definitions

As used in this subchapter, unless the context otherwise requires, the following definitions shall apply:
(1)
(A)
"Affected group" means two (2) or more employees designated by an employer to participate in a shared work plan.
(B)
"Sub-group" means a group of employees which constitutes at least ten percent (10%) of the employees in an affected group;
(2)
"Approved plan" means an employer's voluntary written plan for reducing unemployment under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced, which plan meets the requirements of §
11-10-604
, and which plan has been approved in writing by the Director of the Division of Workforce Services;
(3)
"Fringe benefits" includes, but is not limited to, such advantages as health insurance (hospital, medical, and dental services, etc.), retirement benefits under defined benefit pension plans as defined in section 3(35) of the Employee Retirement Income Security Act of 1974, paid vacation and holidays, sick leave, etc., which are incidents of employment in addition to the cash remuneration earned;
(4)
"Normal weekly hours of work" means the normal hours of work for full-time and permanent part-time employees in the affected group when their employing unit is operating on its normal, full-time basis, not to exceed forty (40) hours and not including overtime;
(5)
"Shared work benefits" means the unemployment compensation benefits payable to employees in an affected group under an approved plan as distinguished from the unemployment benefits otherwise payable under other provisions of this chapter;
(6)
"Shared work employer" means an employer with a shared work plan in effect. An individual who, or an employing unit which, succeeds to or acquires, pursuant to §
11-10-710
, an organization, trade, or business with a shared work plan in effect automatically becomes a shared work employer and adopts the plan if the individual or employing unit ratifies, in writing, the previously approved plan; and
(7)
"Unemployment compensation" means the unemployment benefits payable under this chapter other than shared work benefits and includes any amounts payable pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.
Amended by Act 2019, No. 910,§ 275, eff. 7/1/2019.
Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1991, No. 100, § 34.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 6 - SHARED WORK PLANS (§§ 11-10-601 — 11-10-613) › Section 11-10-602 - Applicability

(a)
Except as otherwise provided in this subchapter, provisions of this chapter that are applicable to unemployment compensation claimants shall apply to shared work unemployment compensation claimants.
(b)
An individual who files an initial claim for shared work unemployment compensation benefits shall be provided, if eligible therefor, a monetary determination of entitlement to shared work unemployment compensation benefits and shall serve a waiting week.
Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 6 - SHARED WORK PLANS (§§ 11-10-601 — 11-10-613) › Section 11-10-603 - Construction

Nothing in this subchapter shall preclude an otherwise eligible claimant from drawing total or partial unemployment benefits when he or she has exhausted his or her shared work benefits.
Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 6 - SHARED WORK PLANS (§§ 11-10-601 — 11-10-613) › Section 11-10-605 - Approval or rejection

(a)
The Director of the Division of Workforce Services shall approve or reject a plan in writing within thirty (30) days of its receipt.
(b)
Only one (1) plan may be approved for any one (1) employer during any twelve-month period.
(c)
The reason for rejection shall be final and non-appealable, but the employer shall be allowed to submit another plan for approval not earlier than fifteen (15) days from the date of the last rejection.
Amended by Act 2019, No. 910,§ 277, eff. 7/1/2019.
Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1987, No. 753, § 8; 1991, No. 100, § 37.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 6 - SHARED WORK PLANS (§§ 11-10-601 — 11-10-613) › Section 11-10-606 - Effective date and duration of plan

(a)
A plan shall be effective on the date specified in the plan or on a date mutually agreed upon by the employer and the Director of the Division of Workforce Services but no earlier than the date of approval of the plan by the director.
(b)
(1)
It shall expire at the end of the twelfth full calendar month after its effective date or on the date specified in the plan if the date is earlier, provided that the plan is not previously revoked by the director.
(2)
If a plan is revoked by the director, it shall terminate on the date specified in the director's written order of revocation.
Amended by Act 2019, No. 910,§ 278, eff. 7/1/2019.
Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1987, No. 753, § 9; 1991, No. 100, § 38.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 6 - SHARED WORK PLANS (§§ 11-10-601 — 11-10-613) › Section 11-10-607 - Revocation of approval

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