Several questions have been brought up since the issuance of Director’s Memo DIR-04-010. Dir-04-015 is designed to answer questions and concerns that school administrators may have.
School personnel should send the compliance affidavit, as required by Act 1752, to Mr. Scott Smith, Department of Education, Attorney’s Office, # 4 Capitol Mall, Room 404-A, Little Rock, AR 72201.
This affidavit is the school district's oath that the district is in compliance with the Fair Labor Standards Act (FLSA), and the only way that the oath is proper is that a notary public notarizes it.
Although Act 1752 does not include a deadline for when the affidavit should be filed, it is recommended that the compliance affidavits coincide with current employment status for each school year.
Additionally, the US Department of Labor, Wage and Hour Division (DOL) has provided the Department of Education with the attached information regarding the Compliance Assistance Program that offer to Arkansas public school districts. This is not a compliance packet that can be mailed out to interested employers.
School districts are not required to participate in the compliance assistance program; this information is being supplied to school districts in an effort to assist school districts in avoiding FLSA litigation. School districts should contact the appropriate attorney for legal counsel regarding this subject matter.
For questions or additional information, contact Scott Smith, Arkansas Department of Education, Attorney’s Office, at 501-682-4227.