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 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 suggests that every school district seek the advice of 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/compliance/laws/comp-flsa.htm.
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 for the 2007-2008 school year.”
The affidavit should be submitted to the ADE Attorney’s Office, #4 Capitol Mall, Room 404-A, Little Rock, AR 72201, no later than February 15, 2008. Please be reminded that the affidavit must be notarized in order to be valid.
Questions or comments may be directed to the ADE Attorney’s Office at 501-682-4227.