ADE Director's Communication Memo Form


Memo Number : COM-06-030

Date Created : 10/05/2005

Attention:

Superintendents
Co-op Directors

Type of Memo: Regulatory
Response Required: Yes
   
Section:   Legal Services - Scott Smith, Attorney
Subject:
Act 1752 of 2003, Classified School Employees with Paid Breaks & FLSA

Regulatory Authority:
A.C.A. 6-17-2205

Contact Person:
Scott Smith

Phone Number:
501-682-4227

E-mail:
dssmith@arkedu.k12.ar.us

The 84th General Assembly enacted Act 1752 of 2003, 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 that works more than twenty (20) hours per week.  Second, Act 1752 mandates each school district to file an affidavit with the Department of Education (ADE) to show compliance with the Fair Labor Standards Act (FLSA).

Given this mandate that every school district must verify compliance with FLSA, the ADE 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/district's 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 can be mailed to an interested employer.  The Arkansas DOL can be reached at 501-324-5377 ext. 228 or by 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 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."

The affidavit should be submitted to the ADE Attorney's Office.  For questions or additional information, contact Scott Smith, Attorney's Office, at 501-682-4227.

Attachments:
    None

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