The 84th General Assembly enacted Act 1752 of 2003, codified at A.C.A. § 6-17-2205, as part of the Classified School Employees Minimum Salary Act. Act 1752 addresses two 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 that each school district file an affidavit with the Arkansas Department of Education (ADE) to show compliance with the Fair Labor Standards Act (FLSA).
Given the mandate that every school district must verify compliance with FLSA, the ADE strongly encourages every school district to seek the appropriate legal counsel advice to ensure strict adherence before submitting their affidavit. This affidavit is the school district’s oath that the district is in compliance with FLSA, and the only way that the oath is proper is that a notary public notarizes it. It is recommended that the compliance affidavit coincide with current employment status for each school year. The completed affidavit should be returned to Scott Smith, General Counsel, Arkansas Department of Education, #4 Capitol Mall, Little Rock, AR 72201. A sample affidavit is attached for your review and use.
Additionally, the U. S. Department of Labor, Wage and Hour Division (DOL) has provided the ADE with the attached information regarding the Compliance Assistance Program that it offers to Arkansas public school districts. School Districts are not required to participate in the compliance assistance program. This information is being provided to school districts in an effort to assist school districts in avoiding FLSA litigation.
For additional information, contact Scott Smith, General Counsel, Arkansas Department of Education, at 501-682-4227.