The 84th General Assembly recently enacted Act 1752 of 2003 that was codified at Ark. Code Ann. § 6-17-2205 as part of the Classified School Employee Minimum Salary Act.
Act 1752 addresses two unrelated topics. One, it requires each school district to provide two (2) paid, fifteen (15) minute breaks during each regular workday for each classified school employee who works more than twenty (20) hours per week. Second, Act 1752 mandates each school district to file an affidavit with the Department of Education (DOE) to show compliance with the Fair Labor Standard’s Act (FLSA).
Given this mandate that every school district must verify compliance with FLSA, the DOE strongly suggests that every school district seek legal counsel to ensure strict adherence.
Additionally, the Department of Labor (DOL) has an on-line compliance site that districts/districts representatives may find helpful. The “elaws” interactive site may be found at http://www.dol.gov/elaws/flsa.htm.
The Arkansas DOL also has a compliance packet which they will mail to an interested employer. They can be reached at 501-324-5377 ext 228. Fax: 501-324-5129.
The following sample affidavit is being enclosed for review purposes only. Again, it is recommended that each individual school district seek the advice of their legal counsel on the exact wording of the affidavit.
“In accordance with Act 1752 of 2003 codified at Ark. Code Ann. § 6-17-2205, I have investigated whether ________________ School District is in compliance with the Fair Labor Standards Act. I have reviewed Department of Labor information concerning compliance with the Fair Labor Standards Act. Based upon this review, to the best of my knowledge and belief, ________________ School District is in compliance with the Fair Labor Standards Act’s requirements for classified employees.”
For questions or additional information, contact Scott Smith, Arkansas Department of Education, Attorney’s Office, at 501-682-4227.