ADE Director's Communication Memo Form

Memo Number : COM-09-127

Date Created : 03/03/2009


Co-op Directors
other: Charter Schools

Type of Memo: Regulatory
Response Required: Yes
Section:   Legal Services - Jeremy C. Lasiter, General Counsel
Classified School Employees with Paid Breaks and FLSA

Regulatory Authority:
Ark. Code Ann. § 6-17-2205

Contact Person:
Jeremy Lasiter

Phone Number:


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. First, the Act 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 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 is available on the Internet at

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 (enter applicable school district)School District is in compliance with 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, (enter applicable school district)_School District is in compliance with the Fair Labor Standards Act’s requirements for classified employees for the 2008-2009 school year.”

The affidavit should be submitted to the ADE Attorney’s Office, Four Capitol Mall, Room 404-A, Little Rock, AR 72201, no later than March 31, 2009. 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.


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