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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-207 - Rules

All rules previously promulgated under this chapter shall be enforceable by the Director of the Division of Workforce Services and shall remain in full force and effect unless or until such time as amended by the director.
Amended by Act 2019, No. 315,§ 803, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 180, eff. 7/1/2019.
Acts 1941, No. 391, § 2; 1955, No. 395, § 1; 1977, No. 366, § 2; A.S.A. 1947, § 81-1103; Acts 1991, No. 100, § 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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-211 - Employment office

As used in this chapter, unless the context clearly requires otherwise, "employment office" means a free public employment office or branch thereof operated by this or any other state as a part of a state-controlled system of public employment offices or by a federal agency charged with the administration of an unemployment compensation program or free public employment offices.
Acts 1941, No. 391, § 2; 1955, No. 395, § 1; A.S.A. 1947, § 81-1103.
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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-212 - Unemployment Compensation Fund

As used in this chapter, unless the context clearly requires otherwise, "fund" means the Unemployment Compensation Fund established by this chapter.
Acts 1941, No. 391, § 2; A.S.A. 1947, § 81-1103.
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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-213 - State

As used in this chapter, unless the context clearly requires otherwise, "state" includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
Acts 1941, No. 391, § 2; 1977, No. 376, § 5; 1983, No. 482, § 4; A.S.A. 1947, § 81-1103.
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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-214 - Unemployment

(a)
As used in this chapter, unless the context clearly requires otherwise, an individual shall be deemed "unemployed" with respect to any week during which:
(1)
He or she performs no services;
(2)
No wages are payable to him or her with respect to that week, or if wages are payable to him or her for any week of less than full-time work, the wages are less than one hundred forty percent (140%) of his or her weekly benefit amount; and
(3)
He or she is not on leave approved by an employer under the Family and Medical Leave Act of 1993,
29 U.S.C. § 2601
et seq., as in effect January 1, 2003.
(b)
An individual's week of unemployment shall be deemed to commence the day on which he or she registers at a local employment office, except as the Director of the Division of Workforce Services may, by rule, otherwise prescribe.
Amended by Act 2019, No. 315,§ 804, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 184, eff. 7/1/2019.
Acts 1941, No. 391, § 2; 1949, No. 155, § 2; 1971, No. 35, § 4; 1977, No. 366, § 3; A.S.A. 1947, § 81-1103; Acts 1987, No. 753, § 2; 1991, No. 48, § 1; 1991, No. 100, § 4; 2003, No. 1223, § 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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-216 - Week

As used in this chapter, unless the context clearly requires otherwise, "week" means a seven-consecutive-calendar-day period beginning on Sunday at 12:01 a.m. and ending on Saturday at midnight.
Acts 1941, No. 391, § 2; A.S.A. 1947, § 81-1103; Acts 1987, No. 753, § 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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-217 - Insured work

As used in this chapter, unless the context clearly requires otherwise, "insured work" means employment for employers.
Acts 1941, No. 391, § 2; A.S.A. 1947, § 81-1103.
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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-218 - Rate year

As used in this chapter, unless the context clearly requires otherwise, "rate year" means a twelve-month period beginning on January 1 and ending on December 31.
Acts 1941, No. 391, § 2; 1963, No. 93, § 3; A.S.A. 1947, § 81-1103.
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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-219 - Computation date

As used in this chapter, unless the context clearly requires otherwise, "computation date" means June 30 of the preceding calendar year.
Acts 1941, No. 391, § 2; 1963, No. 93, § 3; A.S.A. 1947, § 81-1103.
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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-220 - Educational institutions

(a)
(1)
As used in this chapter, unless the context clearly requires otherwise, "institution of higher education" means an educational institution that:
(A)
Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivalent of such a certificate;
(B)
Is legally authorized in this state to provide a program of education beyond high school;
(C)
Provides an educational program for which it awards a bachelor's or higher degree, provides a program which is acceptable for full credit toward such a degree, or offers a program of training to prepare students for gainful employment in a recognized occupation; and
(D)
Is a public or other nonprofit institution.
(2)
Notwithstanding any of the provisions of subdivision (a)(1) of this section, all colleges and universities in this state are institutions of higher education for purposes of this section.
(b)
For the purposes of this chapter, an educational institution, other than an institution of higher education, is one:
(1)
In which participants, trainees, or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes, or abilities from, by, or under the guidance of an instructor or teacher;
(2)
Which is approved, licensed, or issued a permit to operate as a school by the Division of Elementary and Secondary Education or other government agency that is authorized within the state to approve, license, or issue a permit for the operation of a school;
(3)
Which offers a course of study or training which may be academic, technical, trade, or in preparation for gainful employment in a recognized occupation; and
(4)
Which does not meet the definition of "institution of higher education" as set forth in subsection (a) of this section.
Amended by Act 2019, No. 910,§ 2222, eff. 7/1/2019.
Acts 1941, No. 391, § 2; 1971, No. 35, § 6; 1977, No. 376, § 6; A.S.A. 1947, § 81-1103.
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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-221 - Hospital

As used in this chapter, unless the context clearly requires otherwise, "hospital" means an institution that has been licensed, certified, or approved by the Division of Health Facilities Services of the Department of Health, as a hospital.
Acts 1941, No. 391, § 2; 1971, No. 35, § 6; A.S.A. 1947, § 81-1103.
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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-222 - United States

As used in this chapter, unless the context clearly requires otherwise, the term "United States", when used in a geographical sense, includes the states, the District of Columbia, and the Commonwealth of Puerto Rico.
Acts 1941, No. 391, § 2; 1963, No. 93, § 2; 1971, No. 35, § 6; A.S.A. 1947, § 81-1103.
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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-223 - Supplemental benefit payments

As used in this chapter, unless the context clearly requires otherwise, the term "supplemental benefit payments" means unemployment benefit payments made under a private unemployment compensation plan.
Acts 1941, No. 391, § 2; 1975 (Extended Sess., 1976), No. 1083, § 1; A.S.A. 1947, § 81-1103; reen. Acts 1987, No. 672, § 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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-224 - References to gender

Throughout this chapter, the pronoun "he" is deemed to include the masculine gender, the feminine gender, and, in the case of employers who are not persons, the neuter gender.
Acts 1941, No. 391, § 2; 1983, No. 482, § 6; A.S.A. 1947, § 81-1103.
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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-225 - American vessel

"American vessel" means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if its crew is employed solely by one (1) or more citizens or residents of the United States or corporations organized under the laws of the United States or of any state.
Acts 1941, No. 391, § 2; 1971, No. 35, § 6; A.S.A. 1947, § 81-1103.
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 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-226 - American aircraft

"American aircraft" means an aircraft registered under the laws of the United States.
Acts 1941, No. 391, § 2; 1971, No. 35, § 6; A.S.A. 1947, § 81-1103.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-303 - Division of Workforce Services - Employee insurance plans

(a)
The Director of the Division of Workforce Services is authorized to formulate, adopt, and administer plans to provide the regular employees of the Division of Workforce Services, as an incident of their employment, with group life insurance or insurance against the payment of medical and hospital expenses or any similar type of insurance.
(b)
Any plan adopted shall be paid pursuant to the contract entered into with one (1) or more insurance companies authorized to do business in this state, and it may require the payment of all or any part of the premium by the division or by the employees.
(c)
If any plan adopted requires contributions by the employees, the director may provide for the withholding of the amount of the employees' contribution from their salaries. However, the contributing share of funds paid by the division as the employer shall come from funds granted to the agency by the United States Department of Labor for such purposes.
(d)
The plan may provide for the continuation of any insurance provided on the same or on a different basis upon termination of employment or after the retirement of any employee who retires after March 3, 1971, pursuant to the Arkansas Public Employees' Retirement System.
(e)
Any plan adopted shall provide benefits similar to those made available by the United States Government to its employees generally, and the cost thereof per employee shall not exceed the cost per employee that the United States Government pays for similar insurance benefits.
(f)
Participation by any employee of the division in any plan adopted shall be on a voluntary basis at the option of the employee.
Amended by Act 2019, No. 910,§ 189, eff. 7/1/2019.
Acts 1971, No. 220, § 1; A.S.A. 1947, § 81-1126; Acts 1991, No. 100, §§ 7-9.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-304 - Arkansas State Employment Service - Creation

(a)
The Arkansas State Employment Service is established within the Division of Workforce Services.
(b)
The Director of the Division of Workforce Services, in the conduct of the service, shall establish and maintain free public employment offices in such numbers and in such places as may be necessary for the proper administration of this chapter and for the purpose of performing such functions as are within the purview of the Act of the United States Congress of June 6, 1933, hereinafter referred to as the "Wagner-Peyser Act".
(c)
The provisions of that act of the United States Congress are accepted by this state, and the division is designated and constituted the agency of this state for the purposes of that act.
(d)
All moneys received by this state under that act of the United States Congress shall be paid into the Employment Security Administration Fund, §
11-10-320
, and shall be expended solely for the maintenance of the state system of public employment offices.
(e)
(1)
For the purpose of establishing and maintaining free public employment offices and promoting the use of their facilities, the director is authorized to enter into agreements with the United States Railroad Retirement Board, or any other agency of the United States or of this or any other state, charged with the administration of any law whose purposes are reasonably related to the purposes of this chapter.
(2)
As a part of such agreements, the director may accept moneys, services, or quarters as a contribution to the maintenance of the state system of public employment offices or as reimbursement for services performed.
(3)
All moneys received for these purposes shall be paid into the Employment Security Administration Fund.
(f)
In addition to the services and activities otherwise authorized by this chapter, the division may perform, or contract for the performance of, such other services and activities as shall be specified in contracts for payment or reimbursement of the costs thereof made with the United States Secretary of Labor, with any federal, state, or local public agency, or administrative entity, or with any employer or private for-profit or nonprofit organization under, in accordance with, and in furtherance of the purposes of the Job Training Partnership Act, Pub. L. No. 97-300 [repealed].
Amended by Act 2019, No. 910,§ 191, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 190, eff. 7/1/2019.
Acts 1941, No. 391, § 12; 1947, No. 398, § 11; 1949, No. 369, § 8; 1985, No. 8, § 22; 1985, No. 9, § 22; A.S.A. 1947, § 81-1115; Acts 1991, No. 100, §§ 10-12.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-305 - [Repealed]

Repealed by Act 2017, No. 540,§ 9, eff. 8/1/2017.
Acts 1941, No. 391, § 11; 1949, No. 155, § 12; 1971, No. 35, § 17; 1975, No. 609, § 9; A.S.A. 1947, § 81-1114; Acts 1991, No. 100, § 13; 1997, No. 234, § 5; 1997, No. 250, § 60.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-307 - Director - Rules

(a)
(1)
General, special, and emergency rules may be adopted, amended, or rescinded by the Director of the Division of Workforce Services only after public hearing or opportunity to be heard thereon, on which proper notice has been given.
(2)
General rules shall become effective ten (10) days after filing with the Secretary of State and publication in one (1) or more newspapers of general circulation in this state.
(3)
Special rules shall become effective ten (10) days after notification to or mailing to the last known address of the individuals or employing units affected thereby.
(4)
(A)
Emergency rules shall be:
(i)
Effective upon filing with the Secretary of State and posting on the Division of Workforce Services' website; and
(ii)
Published in one (1) or more newspapers of general circulation in this state as soon as possible following the effective date.
(B)
Emergency rules are subject to review and approval by the Executive Subcommittee of the Legislative Council under §
10-3-309(d)
.
(b)
Rules may be adopted, amended, or rescinded by the director and shall become effective in the manner and at the time prescribed by the director.
Amended by Act 2023, No. 197,§ 1, eff. 3/6/2023.
Amended by Act 2019, No. 315,§ 809, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 194, eff. 7/1/2019.
Acts 1941, No. 391, § 11; A.S.A. 1947, § 81-1114.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-308 - Director - Administrative determinations of coverage

(a)
The Director of the Division of Workforce Services may, upon his or her own motion or upon application of an employing unit, after notice and opportunity for hearing, make findings of fact and, on the basis thereof, determinations with respect to whether an employing unit constitutes an employer and whether services performed for or in connection with the business of an employing unit constitute employment for that employing unit.
(b)
(1)
However, the director may at his or her own instance and shall upon the application of any interested party, certify the question of coverage to the Board of Review for its determination.
(2)
An appeal may be taken from a determination made by the director to the board on all matters with respect to coverage determined by the director within twenty (20) days after the mailing of notice of the findings and determination to the employing unit or, in the absence of mailing, within twenty (20) days after the delivery of the notice.
(c)
If supported by substantial evidence and in the absence of fraud, a determination of the director, in the absence of appeal therefrom, and a determination of the board shall be conclusive except as to errors of law for all purposes of this chapter except as herein otherwise provided and, together with the record therein made, shall be admissible in any subsequent judicial proceeding involving liability for contributions.
(d)
A review of the determination made by the director or the board may be had by filing a petition for review in the Court of Appeals within thirty (30) calendar days after the mailing of notice of the determination to the employing unit's last known address, or in the absence of mailing, within thirty (30) calendar days after the delivery of the notice.
(e)
(1)
A determination of the director which has not been appealed and a determination of the board, as provided for in this section, together with the record thereof, may be introduced in any proceeding involving a claim for benefits.
(2)
The facts therein found and the determination therein made shall not be binding if evidence to the contrary is introduced in the hearing on the claim for benefits.
(f)
(1)
Any party appealing a determination of the director to the board or the court shall be required to file quarterly reports and pay all contributions, penalties, or interest due and owing during the appeal process.
(2)
Upon finalization of the appeal, if it is found that no tax is owed or a lesser tax, penalty, or interest is owed, then that amount shall be refunded or credited to the employer's account.
Amended by Act 2019, No. 910,§ 195, eff. 7/1/2019.
Acts 1941, No. 391, § 11; 1943, No. 138, § 14; 1979, No. 252, § 3; 1985, No. 8, § 14; 1985, No. 9, § 14; A.S.A. 1947, § 81-1114; Acts 1997, No. 234, § 6; 2005, No. 902, § 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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-309 - Director - Publication of rules, reports, etc

The Director of the Division of Workforce Services shall make available for distribution to the public the text of this chapter, his or her general and special rules, his or her annual report to the Governor, and any other material he or she deems relevant and suitable and shall furnish the materials to any person upon application therefor.
Amended by Act 2019, No. 315,§ 810, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 196, eff. 7/1/2019.
Acts 1941, No. 391, § 11; 1985, No. 8, § 15; 1985, No. 9, § 15; A.S.A. 1947, § 81-1114.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-311 - Employment stabilization

(a)
The Director of the Division of Workforce Services shall take all appropriate steps to reduce and prevent unemployment, to encourage and assist in the adoption of practical methods of vocational training, retraining, and vocational guidance, to investigate, recommend, advise, and assist in the establishment and operation by municipalities, counties, planning districts, school districts, and the state of programs for public works to be used in times and places of economic downturn and high unemployment for the purpose of promoting the employment of unemployed and underemployed workers throughout the state, and to these ends, to carry on research and such investigations as he or she shall deem necessary and to publish the results thereof.
(b)
Subsection (a) of this section shall be construed as taking precedence over other provisions of this chapter.
Amended by Act 2021EX1, No. 2,§ 2, eff. 8/6/2021, app. retroactively to May 19, 2021.
Amended by Act 2021EX1, No. 1,§ 2, eff. 8/6/2021, app. retroactively to May 19, 2021.
Amended by Act 2019, No. 910,§ 198, eff. 7/1/2019.
Amended by Act 2017, No. 540,§ 10, eff. 8/1/2017.
Acts 1941, No. 391, § 11; 1975, No. 609, § 10; A.S.A. 1947, § 81-1114; Acts 1991, No. 100, § 15.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-312 - Federal-state cooperation

(a)
In the administration of this chapter, the Director of the Division of Workforce Services shall cooperate with the United States Department of Labor to the fullest extent consistent with this chapter and may take such action, through the adoption of such appropriate rules, administrative methods, and standards as may be necessary to secure to this state and its citizens all advantages available under the Social Security Act that relate to unemployment compensation, the Federal Unemployment Tax Act, the Wagner-Peyser Act, and the Federal-State Extended Unemployment Compensation Act of 1970.
(b)
In the administration of §§
11-10-534
-
11-10-543
, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the director may take such action as may be necessary to:
(1)
Ensure that the provisions are so interpreted and applied as to meet the requirements of the federal act referred to in this subsection as interpreted by the United States Department of Labor; and
(2)
To the extent benefits do not conflict with §
11-10-311
and to the extent the director in his or her discretion deems it necessary, secure to this state the full reimbursement of the federal share of extended benefits paid under this chapter that are reimbursable under the federal act referred to in this subsection.
(c)
This section does not:
(1)
Require the director to participate in, nor preclude the director from ceasing to participate in, any voluntary, optional, special, or emergency program offered by the United States Government, including without limitation programs offered under the Social Security Act, the Federal Unemployment Tax Act, the Wagner-Peyser Act, the Federal-State Extended Unemployment Compensation Act of 1970, the Coronavirus Aid, Relief, and Economic Security Act, or any other federal program enacted to address exceptional unemployment conditions; or
(2)
Conflict with §
11-10-105
or §
11-10-311
.
Amended by Act 2021EX1, No. 2,§ 3, eff. 8/6/2021, app. retroactively to May 19, 2021.
Amended by Act 2021EX1, No. 1,§ 3, eff. 8/6/2021, app. retroactively to May 19, 2021.
Amended by Act 2019, No. 315,§ 812, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 199, eff. 7/1/2019.
Amended by Act 2019, No. 382,§ 3, eff. 7/24/2019.
Acts 1941, No. 391, § 11; 1971, No. 35, § 17; 1985, No. 8, § 16; 1985, No. 9, § 16; A.S.A. 1947, § 81-1114.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-313 - Compensation based on multiple-state earnings

(a)
The Director of the Division of Workforce Services shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this chapter with his or her wages and employment covered under the unemployment compensation laws of other states which are approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in those situations and which include provisions for:
(1)
Applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two (2) or more state unemployment compensation laws; and
(2)
Avoiding the duplicate use of wages and employment by reason of such combining.
(b)
(1)
Any and all wage and employment information necessary for the carrying out of the arrangements shall be promptly provided by employers upon request by the director.
(2)
Willful failure to promptly provide the information shall subject an employer to the penalties set forth in §
11-10-106(b)
.
Amended by Act 2019, No. 910,§ 200, eff. 7/1/2019.
Acts 1971, No. 35, § 20; 1985, No. 8, § 30; 1985, No. 9, § 30; A.S.A. 1947, § 81-1123; Acts 1991, No. 100, § 16.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-315 - Authority to administer oaths, issue subpoenas, etc

In the discharge of the duties imposed by this chapter, the Director of the Division of Workforce Services, the chair of an appeal tribunal, the members of the Board of Review, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with disputed claims or the administration of this chapter.
Amended by Act 2019, No. 910,§ 221, eff. 7/1/2019.
Acts 1941, No. 391, § 11; 1943, No. 138, § 16; A.S.A. 1947, § 81-1114.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-316 - Refusal to obey subpoena

(a)
In case of contumacy by or refusal to obey a subpoena issued to any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Director of the Division of Workforce Services, the Board of Review, the chair of an appeal tribunal, or any duly authorized representative of any of them shall have jurisdiction to issue to the person an order requiring the person to appear before the director, the board, the chair of an appeal tribunal, or any duly authorized representative of any of them, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question, and any failure to obey the order of the court may be punished by the court as a contempt thereof.
(b)
(1)
Any person who shall without just cause fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in his or her power to do so, in obedience to a subpoena of the director, the board, the chair of an appeal tribunal, or any duly authorized representative of any of them shall be punished by a fine of not less than two hundred dollars ($200) or by imprisonment for not longer than sixty (60) days, or by both fine and imprisonment.
(2)
Each day that the violation continues shall be deemed to be a separate offense.
Amended by Act 2019, No. 910,§ 222, eff. 7/1/2019.
Acts 1941, No. 391, § 11; 1943, No. 138, § 17; A.S.A. 1947, § 81-1114.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-317 - Protection against self-incrimination

(a)
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Director of the Division of Workforce Services, the Board of Review, the chair of an appeal tribunal, or any duly authorized representative of any of them or in obedience to the subpoena of any of them in any cause or proceeding before the director, the board, or an appeal tribunal on the ground that the testimony or evidence, documentary or otherwise, required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture.
(b)
However, no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she is compelled, after having claimed his or her privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
Amended by Act 2019, No. 910,§ 223, eff. 7/1/2019.
Acts 1941, No. 391, § 11; 1943, No. 138, § 18; A.S.A. 1947, § 81-1114.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-318 - Employing unit to keep and report work records

(a)
(1)
Each employing unit shall keep true and accurate work records, for such periods of time and containing such information as the Director of the Division of Workforce Services may prescribe.
(2)
The records shall be open to inspection and be subject to being copied by the director or his or her authorized representatives at any reasonable time and as often as may be necessary.
(b)
The director, the Board of Review, and the chair of any appeal tribunal may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which he or she or the board deems necessary for the effective administration of this chapter.
Amended by Act 2019, No. 910,§ 224, eff. 7/1/2019.
Acts 1941, No. 391, § 11; 1943, No. 138, § 15; A.S.A. 1947, § 81-1114.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-319 - Representation in court

(a)
Civil Actions.
In any civil action to enforce the provisions of this chapter, the Director of the Division of Workforce Services, the Board of Review, and the state may be represented by any qualified attorney who is employed by the director and is designated by him or her for this purpose or at the director's request by the Attorney General.
(b)
Criminal Actions.
All criminal actions for violations of any provisions of this chapter, or any rule issued pursuant thereto, shall be prosecuted by the Attorney General of the state, or by the prosecuting attorney of the county in which the violation occurred.
Amended by Act 2019, No. 315,§ 816, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 225, eff. 7/1/2019.
Acts 1941, No. 391, § 17; 1943, No. 138, § 22; 1963, No. 93, § 11; A.S.A. 1947, § 81-1120.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-320 - Employment Security Administration Fund - Creation

(a)
There is created in the State Treasury a special fund to be known as the "Employment Security Administration Fund".
(b)
All money deposited or paid into the Employment Security Administration Fund shall be continuously available to the Director of the Division of Workforce Services for expenditure in accordance with the provisions of this chapter and shall not lapse at any time or be transferred to any other fund.
(c)
The Employment Security Administration Fund shall consist of any money appropriated by this state in accordance with this chapter; all money received from the United States or any agency thereof; all money received from any agency of the United States or any other state as compensation for services or facilities supplied to the agency; all amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Security Administration Fund or by reason of damage to property, equipment, or supplies purchased from money in the Employment Security Administration Fund; and all proceeds realized from the sale or disposition of any property, equipment, or supplies which may no longer be necessary for the proper administration of this law.
(d)
Notwithstanding any provision of this section and §§
11-10-321
and
11-10-322
, all money requisitioned and deposited into the Employment Security Administration Fund pursuant to this chapter shall remain part of the Employment Security Administration Fund and shall be used only in accordance with the conditions specified in this chapter.
(e)
The director shall transmit to the Auditor of State all documents and information required by the Auditor of State from which to prepare a register. The Auditor of State is authorized and directed to keep a register in his or her office of all checks and other fiscal transactions of the expenditures from the Employment Security Administration Fund. This information shall be a public record.
Amended by Act 2019, No. 910,§ 226, eff. 7/1/2019.
Acts 1941, No. 391, § 13; 1953, No. 325, § 1; 1959, No. 142, § 2; 1985, No. 8, § 23; 1985, No. 9, § 23; A.S.A. 1947, § 81-1116.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-321 - Employment Security Administration Fund - Deposit and disbursement

(a)
All money in the Employment Security Administration Fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds in the State Treasury, except that money in the Employment Security Administration Fund shall not be commingled with other state funds but shall be maintained in a separate account on the books of a depository bank.
(b)
Disbursements shall be paid out of the Employment Security Administration Fund on requisitions drawn by the Director of the Division of Workforce Services under rules of the director.
(c)
All money in the Employment Security Administration Fund, except money received pursuant to the authorization in section 903 of the Social Security Act, shall be expended solely for the purpose and in the amounts found necessary by the United States Secretary of Labor for the proper and efficient administration of the employment security program.
Amended by Act 2019, No. 315,§ 817, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 227, eff. 7/1/2019.
Acts 1941, No. 391, § 13; 1953, No. 325, § 1; 1959, No. 142, § 2; A.S.A. 1947, § 81-1116; Acts 1991, No. 100, § 22.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-322 - Employment Security Administration Fund - Reimbursement of the fund

(a)
If any money in the Employment Security Administration Fund, paid to this state under Title III of the Social Security Act or the Wagner-Peyser Act, is found by the United States Secretary of Labor, because of any action or contingency, to have been lost or to have been expended for purposes other than, or in amounts in excess of, those found necessary by the United States Secretary of Labor for the proper administration of the employment security program, it is the policy of this state that the money shall be replaced by money appropriated for that purpose by the state to the fund for expenditure as provided in this chapter.
(b)
Upon receipt of such a finding by the United States Secretary of Labor, the Director of the Division of Workforce Services shall promptly report the amount required for the replacement to the Governor, and the Governor shall, at the earliest opportunity, submit to the General Assembly a request for the appropriation of that amount.
Amended by Act 2019, No. 910,§ 228, eff. 7/1/2019.
Acts 1941, No. 391, § 13; 1953, No. 325, § 1; 1959, No. 142, § 2; 1985, No. 8, § 24; 1985, No. 9, § 24; A.S.A. 1947, § 81-1116; Acts 1991, No. 100, § 23.
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 3 - ADMINISTRATION AND ENFORCEMENT (§§ 11-10-301 — 11-10-325) › Section 11-10-325 - Unemployment insurance fraud - Prevention, detection, and recovery

(a)
By July 1, 2021, the Director of the Division of Workforce Services shall adopt and implement internal administrative policies and business processes:
(1)
To pursue recovery of improper overpayments of unemployment benefits to the extent permitted by state and federal law; and
(2)
To allow an employer to notify the Division of Workforce Services that an individual has refused an offer of suitable work, which shall be reviewed by the director or his or her designee for a determination as to continued eligibility for benefits.
(b)
By January 1, 2022, the director shall adopt and implement internal administrative policies and business processes:
(1)
To prevent and detect fraud in the unemployment insurance program to prevent the payment of unemployment insurance program benefits to:
(A)
An incarcerated individual; and
(B)
An individual who is listed on state and national new hire databases as currently employed and ineligible for unemployment insurance program benefits; and
(2)
To engage with and routinely utilize the Integrity Data Hub, administered by the National Association of State Workforce Agencies, or a similar program, to prevent and detect fraud in the unemployment insurance program.
Added by Act 2021, No. 667,§ 1, eff. 4/1/2021.
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 4 - EMPLOYER COVERAGE (§§ 11-10-401 — 11-10-405) › Section 11-10-401 - Period

Except as provided in §
11-10-403
, any employing unit that is or becomes an employer subject to this chapter within any calendar year shall be subject to this chapter during the whole of the calendar year.
Acts 1941, No. 391, § 8; A.S.A. 1947, § 81-1111.
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 4 - EMPLOYER COVERAGE (§§ 11-10-401 — 11-10-405) › Section 11-10-402 - Termination

Except as otherwise provided in §
11-10-403
, an employing unit may cease to be an employer subject to this chapter in accordance with the rules of the Director of the Division of Workforce Services.
Amended by Act 2019, No. 315,§ 818, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 229, eff. 7/1/2019.
Acts 1941, No. 391, § 8; 1943, No. 256, § 2; A.S.A. 1947, § 81-1111.
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 4 - EMPLOYER COVERAGE (§§ 11-10-401 — 11-10-405) › Section 11-10-403 - Election

(a)
(1)
An employing unit, not otherwise subject to this chapter, which filed with the Director of the Division of Workforce Services its written election to become an employer subject hereto for not less than two (2) calendar years shall, with the written approval of the election by the director, become an employer subject hereto to the same extent as all other employers, as of the date stated in the approval.
(2)
That employing unit shall cease to be subject hereto as of January 1 of any calendar year subsequent to two (2) calendar years, only if during January of each year it has filed with the director a written notice to that effect.
(b)
(1)
An employing unit, for which services that do not constitute employment, as defined in this chapter, are performed, may file with the director a written election that all services performed by individuals in its employ in one (1) or more distinct establishments or places of business shall be deemed to constitute employment for all the purposes of this chapter for not less than two (2) calendar years.
(2)
Upon the written approval of the election by the director, such services shall be deemed to constitute employment subject to this chapter from and after the date stated in the approval.
(3)
The services shall cease to be deemed employment subject hereto as of January 1 of any calendar year subsequent to such two (2) calendar years, only if during January of such year the employing unit has filed with the director a written notice to that effect.
Amended by Act 2019, No. 910,§ 230, eff. 7/1/2019.
Acts 1941, No. 391, § 8; 1947, No. 398, § 8; A.S.A. 1947, § 81-1111; Acts 1991, No. 100, § 24.
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 4 - EMPLOYER COVERAGE (§§ 11-10-401 — 11-10-405) › Section 11-10-404 - Nonprofit employers

(a)
(1)
(A)
Any political subdivision of this state may elect to cover under this chapter service performed by employees in all of the hospitals and institutions of higher education, as defined in §§
11-10-220
and
11-10-221
, operated by the political subdivision.
(B)
Election is to be made by filing with the Director of the Division of Workforce Services a notice of the election at least thirty (30) days prior to the effective date of the election.
(2)
The election shall exclude any services described in §
11-10-210(a)(4)
.
(3)
Any political subdivision electing coverage under this section shall make payments in lieu of contributions with respect to benefits attributable to the employment as provided with respect to nonprofit organizations in §
11-10-713(c) and (f)
.
(b)
The provisions in §
11-10-509
with respect to benefit rights based on service for state and nonprofit institutions of higher education shall be applicable also to service covered by an election under this section.
(c)
The amounts required to be paid in lieu of contributions by any political subdivision under this section shall be billed and payment made as provided in §
11-10-713(d)
with respect to similar payments of nonprofit organizations.
(d)
An election under this section may be terminated by filing with the director written notice not later than thirty (30) days preceding the last day of the calendar year in which the termination is to be effective. The termination becomes effective as of the first day of the next ensuing calendar year with respect to services performed after that date.
Amended by Act 2019, No. 910,§ 231, eff. 7/1/2019.
Acts 1941, No. 391, § 8; 1971, No. 35, § 16; 1977, No. 376, § 14; A.S.A. 1947, § 81-1111.
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 4 - EMPLOYER COVERAGE (§§ 11-10-401 — 11-10-405) › Section 11-10-405 - Contributions liability contingency

If at any time any of the employments excluded in §§
11-10-201
-
11-10-226
shall become liable for federal unemployment tax, the employments shall thereupon immediately become liable for contributions under the provisions of this chapter.
Acts 1941, No. 391, § 2; 1949, No. 155, § 2; A.S.A. 1947, § 81-1103.
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 11-10-501 - Payment

(a)
All benefits provided in this chapter shall be payable from the Unemployment Compensation Fund.
(b)
All benefits shall be paid through Division of Workforce Services offices, in accordance with such rules as the Director of the Division of Workforce Services may prescribe.
Amended by Act 2019, No. 315,§ 819, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 232, eff. 7/1/2019.
Acts 1941, No. 391, § 3; 1971, No. 35, § 7; A.S.A. 1947, § 81-1104; Acts 1991, No. 100, § 25.