Arkansas

 

The purpose of the Department of Labor shall be to foster, promote, and develop the welfare of the wage earners of Arkansas, to improve their working conditions, and to advance their...

 

When used in this subchapter, unless the context otherwise requires: (1) (A) Employer includes every person, firm, corporation, partnership, stock association, agent, manager,...

 

This subchapter shall not apply to mines and mining or the mining industry. ...

 

(a) Any employer or owner who violates or fails or refuses to comply with any provision of this subchapter, any lawful order of the Director of the Department of Labor, or any judgment or...

 

(a) (1) It shall be the duty of the Attorney General and the several prosecuting attorneys, upon request of the Director of the Department of Labor, or any of his or her...

 

(a) A Department of Labor is created and established under the supervision and direction of a director to be known as the Director of the Department of Labor. (b) The director may set up...

 

(a) The Governor shall appoint the Director of the Department of Labor, subject to confirmation by the Senate. (b) (1) The director shall hold office for a term of two (2) years or until his...

 

In addition to such other duties and powers as may be conferred upon him or her by law, the Director of the Department of Labor shall have the power, jurisdiction, and authority: (1) To...

 

(a) In addition to such other duties and powers as may be conferred upon him or her by law, the Director of the Department of Labor shall have the power, jurisdiction, and authority: (1) (A)...

(a) In addition to such other powers and duties as may be conferred upon him or her by law, the Director of the Department of Labor shall have the power to make, modify, and repeal...

(a) The Director of the Department of Labor is authorized to appoint a deputy director, a secretary, the heads of divisions, and such other employees as may be necessary. He or she is...

(a) Before any rule is adopted, amended, or repealed, there shall be a public hearing thereon, notice of which shall be published at least once and not less than ten (10) days prior to the...

(a) If there shall be practical difficulties or unnecessary hardships in carrying out a rule of the Director of the Department of Labor, the director may, after public hearing, make a...

(a) (1) Any person aggrieved by a rule of the Director of the Department of Labor made pursuant to 11-2-112 may commence an action in the Circuit Court of Pulaski County against the...

(a) (1) Every employer or owner shall furnish to the Director of the Department of Labor any information which the director is authorized to require and shall make true and specific answers to...

(a) The Director of the Department of Labor and his or her authorized representatives shall have the power and authority to enter any place of employment, place of public assembly, or...

(a) Every employer shall furnish employment which is safe for the employees therein and shall furnish and use safety devices and safeguards. The employer shall adopt and use methods and...

(a) The Director of the Department of Labor and any officer of the Department of Labor designated by the director, in the performance of any duty or the execution of any power prescribed by...

Any employer or owner who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statements or false evidence, under oath, to the Director of...

(a) The Director of the Department of Labor shall annually, on or before January 1, file with the Governor a report covering the activities of the Department of Labor, accompanied...

(a) The Director of the Department of Labor is authorized to enter into agreements with the United States Government and any and all other state governments for assistance and cooperation...

(a) Any employer or owner who does make available any health benefits to employees, excluding workers' compensation, shall inform and notify the employees of the nature of those benefits as...

This subchapter may be cited as the Arkansas Mediation and Conciliation Service Nondisclosure Act. ...

It is declared to be the public policy of the State of Arkansas that the successful effectuation of the mission of the Arkansas Mediation and Conciliation Service requires that its mediators...

For the purpose of this subchapter, unless the context otherwise requires: (1) Director means the Director of the Department of Labor; (2) Person means one (1) or more individuals,...

(a) All files, reports, letters, memoranda, minutes, documents, or other papers in the official custody of the Arkansas Mediation and Conciliation Service or any of its employees, or any...

(a) No officer, employee, former employee, or other person officially connected or formerly officially connected to the Arkansas Mediation and Conciliation Service shall produce or present...

(a) (1) Any person, firm, or corporation soliciting advertising in the State of Arkansas in the name of, on behalf of, or claiming to represent bona fide labor organizations shall, prior to...

(a) If any person shall interfere with, entice away, knowingly employ, or induce a laborer who has contracted with another person for a specified time to leave his or her employer before...

(a) (1) In this state, every person who shall send or deliver, make or cause to be made for the purpose of being delivered or sent, part with the possession of any paper, letter, or writing,...

(a) (1) It shall be unlawful for any person, partnership, association, or corporation, either for himself or in a representative or fiduciary capacity, to require any employee or applicant...

(a) (1) A current or former employer may disclose the following information about a current or former employee's employment history to a prospective employer of the current or former employee...

Freedom of organized labor to bargain collectively and freedom of unorganized labor to bargain individually is declared to be the public policy of the state under Arkansas Constitution,...

The power and duty to enforce this subchapter is conferred upon and vested in the circuit court of the county in which any person, group of persons, firm, corporation, unincorporated...

No person shall be denied employment because of membership in or affiliation with a labor union, nor shall any person be denied employment because of failure or refusal to join or affiliate with...

(a) No person, group of persons, firm, corporation, association, or labor organization shall enter into any contract to exclude from employment: (1) Persons who are members of, or...

(a) (1) It shall be unlawful for any person by the use, or threat of the use, of force or violence to prevent or attempt to prevent any person from engaging in any lawful vocation within...

(a) Where a labor union or striking employees are picketing, or causing to be picketed, the premises or approach to the premises of any employer which is not a railroad, it shall be unlawful...

(a) No assignment or order for wages to be earned in the future to secure a loan of less than two hundred dollars ($ 200) shall be valid against any employer of the person making the assignment...

(a) This section shall apply to all associations of persons, companies, or corporations engaged in the business of operating or constructing saw and planing mills in this state and to all...

This subchapter shall be known as the Minimum Wage Act of the State of Arkansas. ...

It is declared to be the public policy of the State of Arkansas to establish minimum wages for workers in order to safeguard their health, efficiency, and general well-being and to protect them...

Any standards relating to minimum wages, maximum hours, or other working conditions in effect under any other law of this state on May 22, 1968, which are more favorable to employees than...

Nothing in this subchapter shall be deemed to interfere with, impede, or in any way diminish the right of employers and employees to bargain collectively through representatives of their...

(a) (1) Any employer who willfully hinders or delays the Director of the Department of Labor or his or her authorized representative in the performance of his or her duties in the enforcement...

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title. [Repealed] ...

(a) For any occupation, the Director of the Department of Labor shall make and revise such administrative regulations, including definitions of terms, as he or she may deem appropriate to...

(a) Except as otherwise provided in this section and 11-4-210 and 11-4-212, no employer shall employ any of his or her employees for a work week longer than forty (40) hours unless the...

(a) Every employer of an employee engaged in any occupation in which gratuities have been customarily and usually constituted and have been recognized as a part of remuneration for hiring...

(a) Every employer of an employee engaged in any occupation in which board, lodging, apparel, or other items and services are customarily and regularly furnished to the employee for his or...

(a) Any person handicapped by lack of skill, age, or physical or mental deficiency or injury in any way that his or her earning capacity is impaired shall be granted a temporary special...

(a) For any occupation, the Director of the Department of Labor may provide, by regulation, after a public hearing at which any person may be heard, for the employment in the occupation...

(a) Every employer subject to any provisions of this subchapter or of any regulations issued under this subchapter shall keep a summary of this subchapter, approved by the Director of...

(a) Every employer subject to any provision of this subchapter or of any regulation issued under this subchapter shall make and keep for a period of not less than three (3) years in or about...

(a) Any employer who pays any employee less than the minimum wages to which the employee is entitled under or by virtue of this subchapter shall be liable to the employee affected for the...

(a) Any interested person in any occupation for which any administrative regulation has been issued under the provisions of this subchapter who may be aggrieved by any regulation may obtain...

For the purpose of this subchapter, unless the context otherwise requires, the term labor shall include all or any work or service performed by any person employed for any period of time...

This subchapter is a substitute for Acts 1923, No. 380, but apart from that act is cumulative in its effect and shall not be so construed as to nullify or repeal the laws now existing with...

(a) Upon application of either employer or employee, the Director of the Department of Labor or any person authorized by the director shall have authority to inquire into, hear, and...

(a) If either employer or employee shall fail or refuse to accept the findings of the Director of the Department of Labor, then either shall have the right to proceed at law as provided. (b)...

(a) In all cases where the claimant is entitled to a laborer's lien or a lien on a thing or property worked on, the lien may be enforced as otherwise provided for by law, except that where...

The Director of the Department of Labor or any person designated by him or her shall not charge or be permitted to accept any fees or remuneration whatsoever from any person for the performance...

(a) Except as provided in subsection (c) of this section, all corporations doing business in this state who shall employ any salespersons, mechanics, laborers, or other servants for...

(a) It shall be unlawful for any milling or manufacturing company, or any other person, corporation, or company employing persons to labor for them in the State of Arkansas, to discount the...

(a) It shall be unlawful for any corporation, company, firm, or person engaged in any trade or business in this state, either directly or indirectly, to issue, sell, give, or deliver to any...

(a) If any corporation, company, firm, or person shall coerce or compel or attempt to coerce or compel any employee in its employment to purchase goods or supplies in payment of wages, whether...

(a) (1) Whenever any railroad company or corporation or any receiver operating any railroad engaged in the business of operating or constructing any railroad or railroad bridge shall...

(a) Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely...

USER NOTE: For more generally applicable notes, see notes under the first section of this part, article, subchapter, chapter, subtitle, or title. [Repealed] ...

Any employer who violates any provision of 11-4-607 -- 11-4-612, or who discharges or in any other manner discriminates against any employee because the employee has made a complaint to his...

The Director of the Department of Labor shall have the power and it shall be his or her duty to carry out and administer the provisions of 11-4-607 -- 11-4-612. ...

(a) No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees...

(a) An employer who violates the provisions of 11-4-610 shall be liable to the employee or employees affected in the amount of their unpaid wages. (b) (1) Action to recover the wages may...

(a) Every employer subject to 11-4-607 -- 11-4-612 shall keep and maintain records of the salaries and wage rates, job classifications, and other terms and conditions of employment of...

(a) In every factory, mill, workshop, mercantile establishment, laundry, or other establishment, adequate measures shall be taken for securing and maintaining a reasonable, and as far as...

(a) All decomposed, fetid, or putrescent matter and all refuse, waste, and sweepings of any factory, mill, workshop, mercantile establishment, laundry, or other establishment shall be removed...

(a) In all establishments where any process is carried on which makes the floors wet, the floors shall be constructed and maintained with due regard for the health of the employees. (b)...

(a) All doors used by employees as entrances to or exits from factories, mills, workshops, mercantile establishments, laundries, or other establishments of a height of two (2) stories or...

It shall be unlawful for the owner, manager, superintendent, or other person in control or management of any factory, mill, workshop, mercantile establishment, laundry, or other...

(a) The Director of the Department of Labor or any of his or her deputies or inspectors shall have the right to enter any factory, mill, workshop, mercantile establishment, laundry, or...

(a) The Director of the Department of Labor or any of his or her deputies or inspectors may issue a written order to the owner, manager, superintendent, or other person in control or management...

(a) The findings and orders shall be prima facie valid, reasonable, and just and shall be conclusive unless attacked and set aside in the manner provided in subsections (b) and (c) of...

(a) Upon the failure or refusal of the owner, manager, superintendent, or other person in control or management of a place or establishment, to comply with an order issued pursuant to ...

(a) Any employer violating the provisions of 11-5-101 -- 11-5-110 shall be deemed guilty of a misdemeanor. (b) (1) Upon conviction, the employer shall be fined not less than fifty dollars...

(a) There shall be provided in every factory, manufacturing establishment, workshop, or other place where six (6) or more males and females are employed separate toilets and washrooms for...

(a) It shall be unlawful for any employer providing pharmacy services, including prescription drugs, to employees as a part of a health care program to require the employee to obtain drugs from...

(a) If an employer or an employer's employee or invitee has: (1) Suffered unlawful violence by an individual as defined by 5-13-310, terroristic act; 5-14-103, rape; 5-13-201...

This subchapter shall be cited as the Industrial Health Service Act of 1947. ...

Nothing in this subchapter shall be construed as applying to the coal mining industry. ...

(a) (1) Any person, firm, or corporation who shall neglect or refuse to comply with the provisions of this subchapter shall be guilty of a misdemeanor and upon conviction shall be punished by...

(a) The Division of Industrial Hygiene is established as one of the offices over which the State Board of Health maintains supervision. (b) The division shall investigate places of employment...

The Director of the Department of Health or his or her duly authorized deputy shall have access to any firm, corporation, industry, or manufacturing plant for the proper discharge of his or...

(a) It shall be a violation of this subchapter for any employer to use or permit to be used in the conduct of his or her business, manufacturing establishment, or other place of employment...

(a) Information obtained from studies or upon investigations made in accordance with the provisions of this subchapter shall not be admissible as evidence in any action at law to recover...

(a) This subchapter provides for the minimum precautions to be taken during any excavation, demolition, transportation of equipment, construction, repair, or operation in the proximity...

As used in this subchapter, unless the context otherwise requires: (1) Authorized person means: (A) Employees of an electrical utility company with respect to the electrical system...

The provisions of the National Electrical Safety Code, as adopted by the State of Arkansas, shall apply in the interpretation of this subchapter. ...

This subchapter does not apply to the construction, reconstruction, operation, and maintenance of energized overhead electrical lines and their supporting structures and associated equipment by...

(a) Every person, firm, corporation, or association who violates any of the provisions of this subchapter shall be fined not less than one hundred dollars ($ 100) nor more than one...

Where specific devices or methods are mentioned in this subchapter, other devices or methods which will secure equally good results may be used, subject to the approval of the enforcing authority. ...

(a) (1) When any person, firm, or corporation desires to temporarily carry on any function, activity, work, or operation in closer proximity to any energized overhead electrical line or...

(a) No person, firm, corporation, or association shall, individually or through an agent or employee, and no person as an agent or employee of any person, firm, corporation, or association,...

(a) The owner, agent, or employer responsible for the operation of equipment shall post and maintain in plain view of the operator on each crane, derrick, power shovel, drilling rig, hay...

As used in this subchapter, unless the context otherwise requires: (1) DNA means deoxyribonucleic acid; (2) Employer means employer as the term is defined in Section 3(d) of the...

(a) An employer shall not seek to obtain or use a genetic test or genetic information of the employee or the prospective employee for the purposes of distinguishing between or...

Any employer who violates the prohibitions of 11-5-403 shall be guilty of a misdemeanor and may be punished by a fine of not more than twenty-five thousand dollars ($ 25,000) or by...

Notwithstanding any language in this subchapter to the contrary, this subchapter shall not apply to an insurer or to an individual or third party dealing with an insurer in the ordinary course...

Nothing in this subchapter shall prevent children of any age from receiving industrial education furnished by the United States, this state, or any city or town in the state and duly approved...

No boy or girl between the ages of sixteen (16) years and eighteen (18) years shall be subject to the provisions of this subchapter if: (1) The boy or girl is a graduate of any high...

No child under the age of fourteen (14) years shall be employed or permitted to work in any remunerative occupation in this state, except that during school vacation, children under fourteen...

No child under sixteen (16) years shall be employed or permitted to work in any occupation dangerous to the life and limb, or injurious to the health and morals of the child, or in any...

(a) (1) No child under the age of sixteen (16) years shall be employed upon the stage of any theater or concert hall or in connection with any theatrical performance or other exhibition or...

(a) No child under sixteen (16) years shall be employed or permitted to work at any of the following occupations: (1) Adjusting any belt to any machinery; (2) Sewing or lacing machine...

No child under the age of sixteen (16) years shall be employed, permitted, or suffered to work for more than six (6) days in any week, nor more than forty-eight (48) hours in any week, nor...

(a) No person, firm, or corporation shall employ or permit any child under sixteen (16) years to work in or in connection with any establishment or occupation unless the person, firm,...

(a) The Director of the Department of Labor or his or her designee shall have the right to enter any building or premises for the purpose of inspection to ascertain whether any child is...

(a) The purpose of this section is to provide children with an opportunity to develop business interests and to promote in them a spirit of thrift and industry by encouragement of their...

(a) The purpose of this section is to provide children with an opportunity to develop business interests related to professional baseball and to promote in them a spirit of thrift and industry...

(a) As used in this section, employed in agriculture means employed as a seasonal agricultural laborer to pick, plant, harvest, grade, sort, or haul any crop, fruit, or vegetable by use of...

(a) As used in this section, domestic labor means any occasional, irregular, or incidental work related to and in or around private residences, including, but not limited to babysitting,...

This act shall not repeal any of the mining laws of the state, except wherein it specifically conflicts, but shall be cumulative to all mining laws in force prior to July 1, 1917. ...

(a) (1) Any person who shall willfully obstruct or hinder the mine inspector in the discharge of his or her duties and every owner, lessee, agent, or manager of a mine who refuses or neglects...

It shall be and is made the duty of the prosecuting attorney in the district wherein the State Mine Inspector shall arrest or cause to be arrested any person violating the provisions of the...

(a) The Governor shall appoint a State Mine Inspector, who shall hold office for a term of two (2) years, beginning on July 1 of every odd-numbered year and until his or her successor is...

(a) The State Mine Inspector shall have an office which shall be located in Fort Smith, and shall safely keep all records, papers, documents, and other property pertaining to or coming into his...

(a) In addition to the duties imposed upon him or her by law, the State Mine Inspector shall: (1) Recommend to the various operators of coal mines throughout the state all safety...

(a) There is created the office of Assistant State Mine Inspector. (b) His or her term of office shall be for a period of two (2) years, to run coextensively with the term of the State...

(a) The State Mine Inspector shall devote his or her entire time to the duties of the office. (b) (1) It shall be the duty of the mine inspector to examine all mines as often as necessary and...

(a) The owner, agent, or operator of a mine is required to furnish all necessary facilities for entering and making the examinations and inspection, and, if the owner, agent, or operator...

(a) (1) If the inspector shall, after examination of any mine and the works and machinery pertaining thereto, find the mine worked contrary to the provisions of this act or unsafe for the...

(a) The State Mine Inspector is empowered concurrently with the sheriffs and constables throughout the state to make arrests for any violations of the mining laws of this state, but he or...

(a) Any miner, workman, or other person who shall knowingly injure any water gauge, barometer, air course, or brattice or shall obstruct or throw open any airway, or carry any open flame lamp,...

(a) For any injury to persons or property occasioned by willful violation of this chapter or willful failure to comply with any of its provisions, a right of action shall accrue to any...

(a) (1) The owner, agent, or operator of each and every coal mine in this state shall make, or cause to be made, an accurate and correct map or plan of the entire workings of the mine and...

(a) (1) Every underground mine shall have at least two (2) separate surface openings. (2) Main slope and drift openings shall be separated by at least twenty-five feet (25') of natural...

(a) The owner, agent, or operator of every mine, whether operated by shaft, slope, or drift, shall provide and maintain for every mine a sufficient amount of ventilation, to be determined by...

(a) Air regulation of all slopes, drifts, or shafts used for hoisting or hauling coal shall be made at the intake of air into the mine, except at the option of the owner or by direction of...

(a) The owner, agent, lessee, or operator of any coal mine in this state, if the mine is worked on the room and pillar plan, shall cause the work to be prosecuted in the mine in the...

The owner, agent, or operator shall provide that a bore hole shall be kept twenty feet (20') in advance of the face of each and every working face and at a forty-five degree (45 degrees) angle...

(a) The owner, agent, or operator shall cause every landing on a level or above the surface of the ground and the entrance to each intermediate vein to be securely fenced by a gate and a bonnet...

The owner, agent, or operator of any mine shall keep a sufficient amount of timber when required to be used as props, so that workmen can at all times be able to properly secure the workings...

(a) There shall be kept in the engine room or at some nearby and convenient place at each mine a supply of oils, bandages, blankets or covers for wraps, and a cot or stretcher for the use of...

(a) It shall be the duty of every owner or lessee, its officers and agents, or other persons having jurisdiction or direction of any coal mine within the State of Arkansas to provide a...

(a) In order to promote safety in coal mines by eliminating the hazards of coal and rock dust in coal mines, it is made the duty of every person, partnership, association, corporation,...

(a) In all mines where a fire boss is employed, all working places and worked-out places adjacent to working places shall be examined, when it can be done, at least once a day by a competent...

(a) Whenever and wherever a coal mine in this state becomes dangerous from high water or overflow of streams adjacent thereto, whereby the lives of miners employed therein are jeopardized...

(a) Whenever loss of life or serious personal injury shall occur by reason of any explosion or of any accident whatever in or about any mine, it shall be the duty of the person having charge...

No person under the age of eighteen (18) years nor female of any age shall be permitted to enter any mine to work therein. ...

(a) (1) Every person, firm, association, or corporation engaged in mining or producing coal or in the operation of a coal mine or coal mining business and employing more than three (3) persons...

(a) (1) There shall be appointed by the Governor a board of four (4) examiners appointed for a term of four (4) years: (A) Two (2) of the board members shall be practical miners who have...

(a) In order to more effectively carry out the intentions and purposes of this section and 11-7-409 -- 11-7-414, members of the Coal Mine Examining Board shall have the power to...

(a) No fire bosses, hoisting engineers, or mine foremen shall be employed in any mine in the State of Arkansas unless they shall have been examined by the state board of examiners, as provided...

(a) (1) The Director of the Department of Labor shall grant certificates after examination to all applicants who have shown themselves familiar with the duties of the position for which...

In case of loss or destruction of a certificate, the secretary of the examining board, upon satisfactory proof of the loss or destruction, may issue a duplicate on the payment of the sum of...

(a) All certificates issued pursuant to this subchapter may be revoked by the board of examiners after a hearing upon due notice to the holder of the certificate and upon written charges...

Any person who shall forge, alter, or counterfeit a certificate, shall secure or attempt to secure employment by use of the forged, altered, or counterfeited certificate, or shall...

(a) Any owner, operator, lessee, or agent of any coal mine in the State of Arkansas violating any of the provisions of 11-7-401 and 11-7-403 -- 11-7-407 shall be deemed guilty of a...

(a) It shall be unlawful for any person to work as a coal miner in any coal mine in this state without first having a certificate of qualification and competency to do so from the Coal...

(a) The Coal Mine Examining Board of this state shall hold sufficient examinations each year in places to be determined by the board, which, in its opinion, will be most convenient to...

(a) A person making application for a coal miner's certificate of competency and qualification shall be granted a temporary permit to work until such time as an examination is held by the...

(a) Any certified miner may have one (1) person working with him and under his direction, in addition to any member of his immediate family, as an apprentice for the purpose of learning...

The Coal Mining Examining Board shall possess powers to issue duplicate certificates and to revoke certificates in all cases as provided in 11-7-405 and 11-7-406. ...

The word corporation as used in 11-8-102 -- 11-8-108, unless the context otherwise requires, shall include the receiver or other persons charged with the duty of the management and...

Sections 11-8-101 -- 11-8-108 shall not apply to railroad corporations and shall not amend nor repeal any part of 23-12-501 -- 23-12-507. ...

(a) Every corporation, except while engaged in interstate commerce, shall be liable in damages to any person suffering injury while he or she is employed by the corporation. (b) In case of...

(a) In all actions brought against any corporation under or by virtue of any of the provisions of 11-8-101 -- 11-8-108 to recover damages for personal injuries to an employee, or where...

In any action brought against any corporation under or by virtue of any of the provisions of 11-8-101 -- 11-8-108 to recover damages for injuries to, or the death of, any of its employees,...

(a) Any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any corporation to exempt itself from any liability created by 11-8-101 --...

No action shall be maintained under 11-8-101 -- 11-8-108 unless commenced within three (3) years from the date the cause of action accrued. ...

Any right of action given by 11-8-101 -- 11-8-108 to a person suffering injury shall survive to his or her personal representative for the benefit of the surviving spouse and children of...

Every company, whether incorporated or not, engaged in the mining of coal who may employ agents, servants, or employees, those agents, servants, or employees being in the exercise of due...

(a) This chapter shall be cited as the Workers' Compensation Law. (b) The primary purposes of the workers' compensation laws are to pay timely temporary and permanent disability benefits to...

As used in this chapter, unless the context otherwise requires: (1) Carrier means any stock company, mutual company, or reciprocal or interinsurance exchange authorized to write or carry...

(a) Every employer and every employee, unless otherwise specifically provided in this chapter, shall be subject to the provisions of this chapter and shall be bound thereby. However, nothing...

If any part of this chapter is adjudged unconstitutional by the courts and the adjudication has the effect of invalidating any payment of compensation under this chapter, the period...

(a) (1) (A) Any person or entity who willfully and knowingly makes any material false statement or representation, who willfully and knowingly omits or conceals any material information, or...

(a) (1) Any employer who willfully discriminates in regard to the hiring or tenure of work or any term or condition of work of any individual on account of the individual's claim for...

(a) No agreement by an employee to waive his or her right to compensation shall be valid, and no contract, regulation, or device whatsoever shall operate to relieve the employer or carrier,...

(a) No agreement by an employee to pay any portion of the premium paid by his or her employer to a carrier or to contribute to a safety program as provided under 11-9-409 or a benefit fund...

(a) The right to compensation shall not be assignable and shall not be subject to garnishment, attachment, levy, execution, or any other legal process, except for child support obligations...

(a) Compensation to alien nonresidents of the United States or Canada shall be the same in amount as provided for residents, except that alien nonresident dependents in any foreign country...

Compensation due an injured employee or his or her dependents shall have the same preference as is allowed by law to an employee for unpaid wages. ...

(a) (1) A mental injury or illness is not a compensable injury unless it is caused by physical injury to the employee's body, and shall not be considered an injury arising out of and in the...

(a) A cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accident or myocardial infarction causing injury, illness, or death is a compensable injury only if, in relation to...

(a) (1) At any time an application is made for workers' compensation, an employer shall require the applicant for compensation to state whether or not the applicant has child support...

(a) (1) One (1) month before the beginning of any fiscal quarter, the Insurance Commissioner shall provide to the Workers' Compensation Commission the estimated funding need of the...

Pursuant to its rulemaking authority, the Workers' Compensation Commission shall be empowered to enact medical diagnostic and treatment guidelines regarding occupational carpal tunnel...

(a) The Workers' Compensation Commission shall consist of three (3) members appointed by the Governor for terms of six (6) years who shall devote their entire time to the duties of the...

(a) The members shall give bond in the sum of ten thousand dollars ($ 10,000) executed by a surety company authorized to do business in the state for the faithful performance of their duties....

(a) The Governor may, at any time, remove any member of the Workers' Compensation Commission for inefficiency, neglect of duty, or misconduct in office, giving him or her in advance a copy of...

(a) Members of the Workers' Compensation Commission shall be considered as officers and shall take the oath prescribed by the Arkansas Constitution and the laws of Arkansas. (b) (1) A majority...

(a) (1) For the purpose of administering the provisions of this chapter, the Workers' Compensation Commission is authorized: (A) To make such rules and regulations as may be found...

(a) In addition to its other duties and powers, the Workers' Compensation Commission is given and granted full power and authority: (1) To hear and determine all claims for...

On or before the first day of the regular session of the General Assembly, the Workers' Compensation Commission under the authority of at least two (2) of its members shall make to the...

(a) The Workers' Compensation Commission shall publish annually, on an aggregate basis, information pertaining to the distribution of workers' compensation insurance premiums, losses,...

(a) (1) The Workers' Compensation Commission is hereby authorized to fund financial obligations of the Death and Permanent Total Disability Trust Fund through the purchase of structured...

(a) There are established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, three (3) separate funds: (1) the Workers'...

(a) Each carrier writing compensation insurance in this state shall pay to the Insurance Commissioner, in addition to the premium taxes and fees now required under existing laws, at the time...

(a) In addition to the premium taxes collected from carriers, the carriers shall pay annually to the Workers' Compensation Commission a tax, at the rate to be determined as provided in ...

(a) It shall be the duty of the Workers' Compensation Commission to collect a tax from every self-insured employer at a rate to be determined as provided by 11-9-306 but not to exceed...

(a) (1) It shall be the duty of the Workers' Compensation Commission to collect a tax from every public employer providing workers' compensation coverage to its employees at a rate to...

(a) (1) The Workers' Compensation Commission, on or before December 31 of each year, shall certify to the Insurance Commissioner the surplus, if any, in the Workers' Compensation Fund,...

(a) Where a subcontractor fails to secure compensation required by this chapter, the prime contractor shall be liable for compensation to the employees of the subcontractor. (b) (1) Any...

(a) Any employer carrying on any exempted or excepted employment may at any time waive the exemptions or exceptions as to any employee or all employees engaged in the employment as the...

(a) Every employer shall secure the payment of compensation under this chapter: (1) By insuring and keeping insured the payment of the compensation with any carrier authorized to write...

(a) In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer and in order...

(a) (1) Any employer required to secure the payment of compensation under this chapter who fails to secure compensation shall be subject to a fine of up to ten thousand dollars ($ 10,000)...

(a) Every employer who has secured compensation under the provisions of this chapter shall keep posted in a conspicuous place in and about the employer's place of business typewritten or...

(a) Workers' Health and Safety Division. (1) The Workers' Compensation Commission shall establish a Workers' Health and Safety Division, hereinafter referred to as the division. (2)...

(a) Liability Unaffected. (1)(A) The making of a claim for compensation against any employer or carrier for the injury or death of an employee shall not affect the right of the employee, or his...

(a) Any benefits payable to an injured worker under this chapter shall be reduced in an amount equal to, dollar-for-dollar, the amount of benefits the injured worker has previously received...

(a) (1) Compensation to the injured employee shall not be allowed for the first seven (7) days' disability resulting from injury, excluding the day of injury. (2) If a disability extends...

(a) The benefits shall be paid for a period not to exceed four hundred fifty (450) weeks of disability, except that this limitation shall not apply in cases of permanent total disability or...

(a) Where an injury or death is sustained by a minor employed in violation of federal or state statutes pertaining to minimum ages for employment of minors, compensation or death benefits...

(a) (1) Any employer who without reasonable cause refuses to return an employee who is injured in the course of employment to work, where suitable employment is available within the...

(a) Any other provisions of this chapter to the contrary notwithstanding, no compensation in any amount for temporary total, temporary partial, or permanent total disability shall be payable to...

(a) For the fiscal year beginning July 1, 1987, the Workers' Compensation Commission shall allocate one hundred thousand dollars ($ 100,000) to a special project for the following purposes:...

(a) The employer shall promptly provide for an injured employee such medical, surgical, hospital, chiropractic, optometric, podiatric, and nursing services and medicine, crutches,...

The amounts payable or time periods allowable for authorized medical, hospital, and other services and treatment furnished under 11-9-508 -- 11-9-516, unless waived by the...

The employer shall not be liable for any of the payments provided for in 11-9-508 -- 11-9-516 in the case of a contest of liability where the Workers' Compensation Commission shall decide...

(a) An injured employee claiming to be entitled to compensation shall submit to such physical examination and treatment by another qualified physician, designated or approved by the...

Except in cases of hernia, which are specifically covered by 11-9-523, where an injured person unreasonably refuses to submit to a surgical operation which has been advised by at least two...

(a) All persons who render services or provide things mentioned in 11-9-508 -- 11-9-516 shall submit the reasonableness of the charges to the Workers' Compensation Commission for its...

(a) (1) If the employee selects a physician, the Workers' Compensation Commission shall not authorize a change of physician unless the employee first establishes to the satisfaction of...

(a) When an employer and employee so agree in writing, nothing in this chapter shall be construed to prevent an employee whose injury or disability has been established in accordance with...

(a) (1) Every hospital or other person furnishing the injured employee with medical services shall permit its records to be copied by and shall furnish full written information to the...

The Workmens' Compensation Commission is authorized to establish rules and regulations, including schedules of maximum allowable fees for specified medical services rendered with respect...

(a) (1) Compensation shall be computed on the average weekly wage earned by the employee under the contract of hire in force at the time of the accident and in no case shall be computed on...

(a) In case of total disability, there shall be paid to the injured employee during the continuance of the total disability sixty-six and two-thirds percent (662 3%) of his or her average...

In case of temporary partial disability resulting in the decrease of the injured employee's average weekly wage, there shall be paid to the employee sixty-six and two-thirds percent (662 3%)...

(a) An employee who sustains a permanent compensable injury scheduled in this section shall receive, in addition to compensation for temporary total and temporary partial benefits during...

(a) A permanent partial disability not scheduled in 11-9-521 shall be apportioned to the body as a whole, which shall have a value of four hundred fifty (450) weeks, and there shall be...

(a) In all cases of claims for hernia, it shall be shown to the satisfaction of the Workers' Compensation Commission: (1) That the occurrence of the hernia immediately followed as the result...

(a) The Workers' Compensation Commission shall award compensation for serious and permanent facial or head disfigurement in a sum not to exceed three thousand five hundred dollars ($ 3,500)....

(a) (1) The Second Injury Trust Fund established in this chapter is a special fund designed to ensure that an employer employing a handicapped worker will not, in the event that the worker...

If any injured employee refuses employment suitable to his or her capacity offered to or procured for him or her, he or she shall not be entitled to any compensation during the continuance of...

(a) Funeral Expenses. If death results from an injury occurring on or after July 1, 1993, the employer shall pay the actual funeral expenses, not exceeding the sum of six thousand dollars...

(a) Every employer shall keep a record with respect to any injury to an employee. (b) The record shall contain such information of disability or death with respect to the injury as the...

(a) Within ten (10) days after the date of receipt of notice or of knowledge of injury or death, the employer shall send to the Workers' Compensation Commission a report setting forth: (1)...

Implementation of Workers' Compensation Commission Rule 33 regarding managed care shall be voluntary for all employers. ...

(a) Where an employee suffers from an occupational disease as defined in this subchapter and is disabled or dies as a result of the disease and where the disease was due to the nature of...

(a) As used in this subchapter, unless the context otherwise requires: (1) Asbestosis means the characteristic fibrotic condition of the lungs caused by the inhalation of asbestos dust; and...

(a) (1) Except as otherwise provided in this subchapter, procedure with respect to notice of disability or death and as to the filing of claims and determination of claims shall be the same as...

(a) (1) Unless an injury either renders the employee physically or mentally unable to do so, or is made known to the employer immediately after it occurs, the employee shall report the injury...

(a) Time for Filing. (1) A claim for compensation for disability on account of an injury, other than an occupational disease and occupational infection, shall be barred unless filed with...

The Workers' Compensation Commission is authorized and directed to promulgate appropriate rules and regulations to establish and implement, for claims with respect to injuries occurring on...

(a) Notice. Within ten (10) days after a claim for compensation has been filed, the Workers' Compensation Commission shall notify the employer and any other interested person of the filing of...

(a) Conduct of Hearing or Inquiry. (1) In making an investigation or inquiry or conducting a hearing, the Workers' Compensation Commission shall not be bound by technical or statutory rules...

(a) The Workers' Compensation Commission shall have the power to preserve and enforce order during any proceeding had before it, to issue subpoenas for and administer oaths to and compel...

In any proceeding for the enforcement of a claim for compensation, the following prima facie presumptions shall exist: (1) That the Workers' Compensation Commission has jurisdiction;...

The Workers' Compensation Commission may cause depositions of witnesses to be taken in such manner as it may direct. ...

Each witness who appears in obedience to a subpoena shall be entitled to the same fees as witnesses in a civil action in the circuit court. ...

(a) Where the Workers' Compensation Commission is a party to or is otherwise interested in a court proceeding under this chapter, it may employ attorneys to appear in its behalf. (b) If...

(a) Award or Order of Administrative Law Judge or Single Commissioner -- Review. (1) A compensation order or award of an administrative law judge or a single commissioner shall become final...

If any employer fails to comply with a final compensation order or award, any beneficiary of the order or award, or the Workers' Compensation Commission, may file a certified copy of the order...

(a) (1) Except where a joint petition settlement has been approved, the Workers' Compensation Commission may review any compensation order, award, or decision. (2) This may be done at any...

If the court having jurisdiction of proceedings in respect of any claim or compensation order determines that the proceedings in respect to the claim or order have been instituted or...

(a) (1) (A) Fees for legal services rendered in respect of a claim shall not be valid unless approved by the Workers' Compensation Commission. (B) Attorney's fees shall be...

(a) The Workers' Compensation Commission is authorized to approve lump-sum attorney's fees for legal services rendered in respect of a claim before the commission. (b) The lump-sum attorney's...

(a) (1) (A) Every claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, and other paper of a party represented by...

(a) Compensation shall be paid by check or by state warrant. (b) Payment shall be made payable to the order of the person entitled to the compensation and paid directly to the person entitled...

(a) The first installment of compensation shall become due on the fifteenth day after the employer has notice of the injury or death, as provided in 11-9-701, on which date all compensation...

(a) (1) Each employer desiring to controvert the right to compensation shall file with the Workers' Compensation Commission on or before the fifteenth day following notice of the alleged injury...

(a) (1) Whenever the Workers' Compensation Commission determines that it is for the best interest of the parties entitled to compensation, and after due notice to all parties in interest of...

(a) Upon petition filed by the employer or carrier and the injured employee requesting that a final settlement be had between the parties, the Workers' Compensation Commission shall hear...

(a) In any case where an employer changes insurance carriers or where the employer having been self-insured, becomes insured or, having been insured, is approved to be self-insured, and the...

The Workers' Compensation Commission may require any employer to make a deposit or bond with the commission to secure the prompt and convenient payment of compensation, and payments shall be...

Compensation shall bear interest at the legal rate from the day an award is made by either an administrative law judge or the full Workers' Compensation Commission on all accrued and...

(a) Upon making the first payment and upon suspension of payment of compensation, the employer shall notify the Workers' Compensation Commission of that fact on a form prescribed by...

(a) (1) When any person who receives workers' compensation benefits is incarcerated in an institution under the control of the Department of Correction, the inmate's spouse or, if no spouse,...

(a) (1) (A) The Workers' Compensation Commission is hereby authorized to recognize two separate entities formed under the Arkansas Nonprofit Corporation Act, 4-28-201 -- 4-28-206 and...

The Workers' Compensation Commission shall promulgate regulations to implement this subchapter. ...

There shall be no liability on the part of, and no cause of action of any nature shall lie, whether at law or in equity, against any agent or employee of the two (2) corporations, their boards...

(a) Each corporation acting as the guaranty fund shall independently determine periodically the amount of money each Arkansas workers' compensation self-insurer should contribute to each fund...

The Workers' Compensation Commission shall report to the board of directors of each corporation when the commission has reasonable cause to believe that the payment of potential claims by...

(a) Moneys collected by the Workers' Compensation Commission and disbursed to each corporation shall be vested in the corporation and shall not be deemed state property and shall not be subject...

(a) Each corporation shall have full rights of subrogation against any source of payment or reimbursement for payments made by the corporation on behalf of an Arkansas workers'...

(a) Each corporation is also authorized to take all necessary action, including bringing an action at law or in equity, to seek any available relief as against any workers'...

All private sector participants in the Arkansas workers' compensation self-insurers' program may be members of one (1) of the corporations acting as guaranty funds, and the Workers'...

Any person or entity whose workers' compensation self-insurer status is terminated shall thereafter be subject to no further assessments by the Workers' Compensation Commission, but shall...

 

The Seventy-Ninth General Assembly realizes that the Arkansas workers' compensation statutes must be revised and amended from time to time. Unfortunately, many of the changes made by this act...

 

As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: (1) Economic insecurity due to unemployment is a serious...

The General Assembly declares its intention to provide for the carrying out of the purposes of this chapter in cooperation with the appropriate agencies of other states and of the...

This chapter shall be construed to accomplish its purpose to promote employment security by increasing opportunities for placement through the maintenance of a system of public employment...

(a) (1) The General Assembly reserves the right to amend or repeal all or any part of this chapter or of any law heretofore enacted involving any employment security law. (2) There shall be...

(a) False Statement or Representation. (1) Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact to obtain or increase any...

(a) Any agreement by an individual to waive, release, or commute his or her rights to benefits or any other rights under this chapter shall be void. (b) Any agreements by an individual in...

(a) No individual claiming benefits shall be charged fees or costs of any kind in any proceeding under this chapter by the Board of Review, the Director of the Arkansas Employment...

(a) Except as elsewhere provided in this section and 11-10-110, any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall...

(a) At the time of filing the claim, an individual filing a new claim for unemployment compensation shall disclose whether or not the individual owes child support obligations as defined...

(a) (1) An individual filing a new claim for unemployment compensation shall at the time of filing the claim disclose whether or not he or she owes an uncollected overissuance, as defined...

(a) (1) As used in this chapter, unless the context clearly requires otherwise, base period means the first four (4) of the last five (5) completed calendar quarters immediately preceding...

As used in this chapter, unless the context clearly requires otherwise, regular benefits means benefits payable to an individual under this chapter or under any other state law,...

As used in this chapter, unless the context clearly requires otherwise, benefit year with respect to any individual means the twelve (12) consecutive month period beginning the first day of...

As used in this chapter, unless the context clearly requires otherwise: (1) Contributions means money payments required by this chapter to be made into the Unemployment Compensation Fund...

As used in this chapter, unless the context clearly requires otherwise, calendar quarter means the period of three (3) consecutive calendar months ending on March 31, June 30, September 30,...

As used in this chapter, unless the context clearly requires otherwise, director means the Director of the Arkansas Employment Security Department. ...

All regulations previously promulgated under this chapter shall be enforceable by the Director of the Arkansas Employment Security Department and shall remain in full force and effect unless...

(a) (1) As used in this chapter, unless the context clearly requires otherwise, employing unit means any individual, organization, or legal representative of a deceased person. (2) This...

(a) As used in this chapter, unless the context clearly requires otherwise, employment means: (1) Service performed after December 31, 1977, including service in interstate commerce, by:...

As used in this chapter, unless the context clearly requires otherwise, employment office means a free public employment office or branch thereof operated by this or any other state as a part...

As used in this chapter, unless the context clearly requires otherwise, fund means the Unemployment Compensation Fund established by this chapter. ...

As used in this chapter, unless the context clearly requires otherwise, state includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the...

(a) As used in this chapter, unless the context clearly requires otherwise, an individual shall be deemed unemployed with respect to any week during which: (1) He or she performs no...

(a) As used in this chapter, unless the context clearly requires otherwise, wages means all remuneration paid for personal services, including, but not limited to, commissions, bonuses,...

As used in this chapter, unless the context clearly requires otherwise, insured work means employment for employers. ...

As used in this chapter, unless the context clearly requires otherwise, rate year means a twelve-month period beginning on January 1 and ending on December 31. ...

As used in this chapter, unless the context clearly requires otherwise, computation date means June 30 of the preceding calendar year. ...

(a) (1) As used in this chapter, unless the context clearly requires otherwise, an institution of higher education means an educational institution which: (A) Admits as regular...

As used in this chapter, unless the context clearly requires otherwise, hospital means an institution which has been licensed, certified, or approved by the Division of Hospitals of...

As used in this chapter, unless the context clearly requires otherwise, the term United States, when used in a geographical sense, includes the states, the District of Columbia, and...

Throughout this chapter, the pronoun he is deemed to include the masculine gender, the feminine gender, and, in the case of employers who are not persons, the neuter gender. ...

American vessel means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United...

American aircraft means an aircraft registered under the laws of the United States. ...

(a) The term employer shall include any Indian tribe for which service in employment as defined under this chapter is performed. (b) The term employment shall include service performed in...

(a) (1) There is created a department to be known as the Arkansas Employment Security Department, which shall be administered by a full-time salaried director who shall be appointed by and...

(a) (1) To ensure that job-finding assistance is being adequately provided to food stamp applicants and recipients, the Arkansas Employment Security Department shall periodically...

(a) The Arkansas State Employment Service is established in the Arkansas Employment Security Department. (b) The Director of the Arkansas Employment Security Department, in the conduct of...

(a) The Governor shall appoint a State Employment Security Advisory Council, composed of men and women, including an equal number of employer representatives and employee representatives, who...

(a) It shall be the duty of the Director of the Arkansas Employment Security Department to administer this chapter. (b) (1) The Director shall have power and authority to adopt, amend, or...

(a) (1) General and special rules may be adopted, amended, or rescinded by the Director of the Arkansas Employment Security Department only after public hearing or opportunity to be heard...

The Director of the Arkansas Employment Security Department shall make available for distribution to the public the text of this chapter, his or her regulations and general and special rules,...

The Director of the Arkansas Employment Security Department, with the advice and aid of the State Employment Security Advisory Council, shall take all appropriate steps to reduce and...

(a) In the administration of this chapter, the Director of the Arkansas Employment Security Department shall cooperate with the United States Department of Labor to the fullest extent...

(a) The Director of the Arkansas Employment Security Department shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and...

(a) (1) Except as otherwise provided in this section, information obtained by the Director of the Arkansas Employment Security Department from any employing unit or individual pursuant to...

In the discharge of the duties imposed by this chapter, the Director of the Arkansas Employment Security Department, the chairman of an appeal tribunal, the members of the Board of Review, and...

(a) In case of contumacy by or refusal to obey a subpoena issued to any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction...

(a) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Director of the Arkansas Employment...

(a) Civil Actions. In any civil action to enforce the provisions of this chapter, the Director of the Arkansas Employment Security Department, the Board of Review, and the state may be...

(a) If any money in the Employment Security Administration Fund, paid to this state under Title III of the Social Security Act or the Wagner-Peyser Act, is found by the United States Secretary...

Except as provided in 11-10-403, any employing unit which is or becomes an employer subject to this chapter within any calendar year shall be subject to this chapter during the whole of...

Except as otherwise provided in 11-10-403, an employing unit may cease to be an employer subject to this chapter in accordance with the regulations of the Director of the Arkansas...

(a) (1) An employing unit, not otherwise subject to this chapter, which filed with the Director of the Arkansas Employment Security Department its written election to become an employer...

(a) (1) (A) Any political subdivision of this state may elect to cover under this chapter service performed by employees in all of the hospitals and institutions of higher education, as defined...

If at any time any of the employments excluded in 11-10-201 -- 11-10-226 shall become liable for federal unemployment tax, the employments shall thereupon immediately become liable...

(a) All benefits provided in this chapter shall be payable from the Unemployment Compensation Fund. (b) All benefits shall be paid through Arkansas Employment Security Department offices,...

(a) An insured worker's weekly benefit amount shall be an amount equal to one-twenty-sixth (1 26) of his or her total wages for insured work paid during the one (1) quarter of his or her...

(a) Any insured worker who is unemployed in any week as defined in 11-10-214 and who meets the eligibility requirements of 11-10-507 -- 11-10-511 shall be paid, with respect to the week,...

(a) The maximum potential benefits of any insured worker in a benefit year shall be the amount equal to whichever is the lesser of: (1) Twenty-six (26) times his or her weekly benefit...

(a) (1) A notice to the base-period employer shall be mailed promptly to each employer appearing on the claimant's monetary determination as a base-period employer. (2) (A) If any...

(a) (1) As used in this section, the term seasonal industry means an industry in which, because of the seasonal nature thereof, it is customary to lay off forty percent (40%) or more of...

An insured worker shall be eligible to receive benefits with respect to any week only if the Director of the Arkansas Employment Security Department finds that: (1) Claim for Benefits. He...

Benefits shall not be paid to any individual on the basis of any services substantially all of which consist of participating in sports or athletic events or training or preparing to...

(a) Benefits shall not be payable on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services...

(a) Week of Unemployment Defined. A week of unemployment as used in this section and 11-10-514, 11-10-515, 11-10-517, and 11-10-519 means a week during which, except for a...

(a) (1) If so found by the Director of the Arkansas Employment Security Department, an individual shall be disqualified for benefits if he or she voluntarily and without good cause connected...

(a) (1) If so found by the Director of the Arkansas Employment Security Department, an individual shall be disqualified for benefits if he or she is discharged from his or her last work...

(a) (1) If so found by the Director of the Arkansas Employment Security Department, an individual shall be disqualified for benefits if he or she has failed without good cause: (A) To...

(a) (1) If so found by the Director of the Arkansas Employment Security Department, an individual shall be disqualified for benefits, if, while on layoff, he or she refuses to report for...

If so found by the Director of the Arkansas Employment Security Department, an individual shall be disqualified for benefits for any week with respect to which he or she receives or has...

(a) Notwithstanding any other provision of this chapter, an adversely affected worker covered by a certification under Subchapter A, Chapter 2, Title II of the Trade Act of 1974, may not...

If so found by the Director of the Arkansas Employment Security Department, an individual shall be disqualified for benefits: (1) If he or she willfully makes a false statement...

(a) Each employer shall post and maintain, in places readily accessible to individuals in the employer's employ, printed statements concerning benefit rights, claims for benefits, and such...

(a) Claims for benefits shall be made in accordance with such regulations as the Director of the Arkansas Employment Security Department may prescribe. (b) In accordance with such regulation...

(a) In General. (1)(A) A monetary determination upon a claim filed pursuant to 11-10-521(a) shall be made promptly by the Director of the Arkansas Employment Security Department and...

(a) (1) There is created a Board of Review which shall consist of three (3) members. (2) The members of the board shall be appointed by the Governor for a term of office of four (4) years...

(a) (1) The claimant, the Director of the Arkansas Employment Security Department, or any other party entitled to notice may appeal a determination made by the agency by filing a written notice...

(a) An appeal filed by any party shall be allowed as of right if the decision was not unanimous or if the examiner's determination was not affirmed by the appeal tribunal. (b) The Board of...

(a) (1) The Board of Review, appeal tribunal, and special examiners shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or...

(a) Except insofar as reconsideration of any determination is had under the provisions of 11-10-522, any right, fact, or matter in issue, directly passed upon or necessarily involved in...

(a) The final decisions of the Board of Review or of an appeal tribunal, and the principles of law declared by it in arriving at the decisions, unless expressly or impliedly overruled by a...

(a) (1) Any party entitled to a decision of the Board of Review shall have twenty (20) days from the date the decision is mailed to his or her last known address in which to request a...

(a) Benefits shall be paid promptly in accordance with an initial determination or redetermination that the benefits are due or in accordance with a subsequent decision by any appellate...

(a) (1) If the Director of the Arkansas Employment Security Department finds that any person has made a false statement or misrepresentation of a material fact knowing it to be false or...

(a) The Arkansas Employment Security Department shall investigate all claims for benefits filed by state employees whether or not the employing state agency lodges a protest to the payment of...

As used in 11-10-534 -- 11-10-543, unless the context clearly requires otherwise: (1) Extended benefit period means a period which: (A) Begins with the third week after the...

Except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the Director of the Arkansas Employment Security Department,...

An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his or her eligibility period only if the Director of the Arkansas Employment...

(a) The total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts: (1) Fifty percent...

(a) Whenever an extended benefit period is to become effective in this state as a result of a state on indicator, or an extended benefit period is to be terminated in this state as a result of...

(a) (1) (A) There is imposed an additional tax on every employer as defined in 11-10-209 except an employer electing reimbursement under 11-10-713 or an employer required to reimburse under...

The Director of the Arkansas Employment Security Department shall establish and recover extended benefit overpayments in the manner prescribed in 11-10-532. ...

(a) Except as provided in subsection (b) of this section, an individual shall not be eligible for extended benefits for any week if: (1) Extended benefits are payable for that week pursuant...

(a) Notwithstanding the provisions of 11-10-535, an individual shall be ineligible for payment of extended benefits for any week of unemployment in his or her eligibility period if the...

(a) The Director of the Arkansas Employment Security Department is authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the...

As used in this subchapter, unless the context otherwise requires, the following definitions shall apply: (1) (A) Affected group means two (2) or more employees designated by an employer...

(a) Except as otherwise provided in this subchapter, provisions of this chapter that are applicable to unemployment compensation claimants shall apply to shared work unemployment...

Nothing in this subchapter shall preclude an otherwise eligible claimant from drawing total or partial unemployment benefits when he or she has exhausted his or her shared work benefits. ...

(a) An employer wishing to participate in a shared work program shall submit a signed written shared work compensation plan to the Director of the Arkansas Employment Security Department...

(a) The Director of the Arkansas Employment Security Department shall approve or reject a plan in writing within thirty (30) days of its receipt. (b) Only one (1) plan may be approved for any...

(a) A plan shall be effective on the date specified in the plan or on a date mutually agreed upon by the employer and the Director of the Arkansas Employment Security Department but no...

(a) The Director of the Arkansas Employment Security Department may revoke approval of a plan for good cause. (1) The revocation order shall be in writing and shall specify the date...

(a) An operational, approved, shared work plan may be modified by the employer with the acquiescence of employee representatives if the modification is not substantial and is in conformity...

An individual is eligible to receive shared work unemployment compensation benefits with respect to any week only if, in addition to monetary entitlement, the Director of the Arkansas...

(a) The shared work unemployment compensation weekly benefit amount shall be the product of the regular weekly unemployment compensation amount multiplied by the percentage of reduction of...

(a) If an individual works in the same week for an employer other than the shared work employer, and his or her combined hours of work for both employers are greater than ninety percent (90%)...

(a) Shared work unemployment compensation shall be charged to the employer's experience rating accounts in the same manner as unemployment compensation is charged under this chapter. (b)...

An individual who has received all of the combined unemployment compensation and shared work unemployment compensation available in a benefit year shall be considered an exhaustee for purposes...

(a) (1) Contributions shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter with respect to wages for employment. (2)...

Each employer shall pay contributions equal to two and nine-tenths percent (2.9%) of wages paid by the employer with respect to employment, except as may otherwise be prescribed in 11-10-703. ...

(a) (1) (A) The Director of the Arkansas Employment Security Department shall maintain a separate account for each employer and shall credit the employer's account with all the contributions...

(a) The Director of the Arkansas Employment Security Department shall, for each calendar year, classify employers in accordance with their actual experience in the payment of contributions...

(a) (1) Each employer shall be required to pay a stabilization tax on wages paid by the employer with respect to employment. (2) This stabilization tax shall not be credited to the...

(a) (1) As used in 11-10-701 -- 11-10-715: (A) The term annual payroll means the total amount of taxable wages paid during a calendar year by an employer for employment and for...

(a) (1) (A) In addition to the contributions and any stabilization and extended benefits taxes levied under other provisions of 11-10-703 -- 11-10-708, each employer, except employers that...

(a) For the purposes of 11-10-701 and 11-10-702, wages shall not include that part of remuneration paid to an individual by an employer or the employer's predecessor with respect to...

(a) (1) Any employing unit which acquires the organization, trade, and all of the places of business and substantially all of the assets of any employer, excepting, in any such case, any...

(a) Notwithstanding any inconsistent provisions of this chapter, if the Director of the Arkansas Employment Security Department finds that an employer's business was closed solely because of...

(a) Whenever an employer has paid no wages for a period of twelve (12) consecutive calendar quarters following the latest calendar quarter that the employer paid wages in employment, the...

(a) Benefits paid to individuals based on wages paid by any nonprofit organization or government employing unit shall be financed in accordance with the provisions of this section. (b)...

Notwithstanding any provisions in 11-10-713, any nonprofit organization, state hospital, state institution of higher education, or group of such employers that, prior to January 1, 1969,...

(a) Notwithstanding any other provisions of this chapter, no employer shall be liable for payments in lieu of contributions with respect to extended benefit payments which are wholly reimbursed...

(a) (1) If contributions are not paid on the date on which they are due and payable as prescribed by the Director of the Arkansas Employment Security Department, the whole or part...

(a) (1) (A) If, after due notice, any employer defaults in any payment of contributions or interest thereon, the amount due may be collected by civil action in the name of the Director of...

(a) (1) If not later than three (3) years after the date of payment of any amount as a contribution, interest, or penalty pursuant to this chapter, any employer who has made such a payment...

(a) (1) If any person, firm, or corporation shall become delinquent in the payment of any contribution, interest, or penalties required to be paid by this chapter, it shall be the duty of...

(a) All contributions due under this chapter shall be assessed in the manner provided by this chapter within four (4) years after reports of the contributions have been filed by the employer,...

(a) The Director of the Arkansas Employment Security Department or his or her designated representative may give notice of impoundment of any deposits in any bank or savings and loan...

(a) There is established as a special fund, separate and apart from all public moneys or funds of this state, an Unemployment Compensation Fund, which shall be administered by the Director of...

(a) (1) The Director of the Arkansas Employment Security Department shall be ex officio treasurer and custodian of the Unemployment Compensation Fund and disbursing officer of the...

(a) The provisions of this subchapter, to the extent that they relate to the federal Unemployment Trust Fund, shall be operative only so long as the federal Unemployment Trust Fund continues...

(a) There is established within the Arkansas Employment Security Department a division to be called the Division of the State New Hire Registry, which shall be administered by a full-time...

(a) As used in this section: (1) Employee means an individual who is an employee as defined in Chapter 24 of the Internal Revenue Code of 1986 but does not include an employee of a federal...

(a) No foreign labor agent, labor bureau or employment agency, or any other person shall enter this state and attempt to hire, induce, or take from this state any labor, singularly or in...

This subchapter may be cited as the Arkansas Private Employment Agency Act of 1975. ...

As used in this subchapter, unless the context otherwise requires: (1) Agency manager means the individual designated by the employment agency to conduct the general...

(a) The Director of the Department of Labor shall have authority to impose a fine of not less than twenty-five dollars ($ 25.00) nor more than five hundred dollars ($ 500) for violation of...

(a) It shall be the duty of the Department of Labor, and it shall have the power, jurisdiction, and authority to administer and enforce the provisions of this subchapter. (b) The Director of...

(a) There shall be an Arkansas Employment Agency Advisory Council composed of five (5) members appointed by the Director of the Department of Labor. (b) (1) Each member of the council shall be...

(a) (1) The Arkansas Employment Agency Advisory Council may meet at least once in each calendar quarter of each year. (2) All meetings of the council shall be open to the public, and...

The Arkansas Employment Agency Advisory Council shall: (1) Inquire into the needs of the employment agency industry and make such recommendations with respect thereto as, after...

(a) No person shall engage in the business of or act as an employment agent, agency manager, or counselor unless he or she first obtains a license from the Department of Labor. (b) (1) (A)...

(a) To be eligible for application for an employment counselor's license, the applicant shall be: (1) A citizen of the United States; (2) Of good moral character; (3) A person...

(a) To be eligible to apply for a license to act as an agency manager, the applicant shall be: (1) A citizen of the United States; (2) Of good moral character; (3) At least...

(a) To be eligible to apply for a license to operate an employment agency, the applicant shall be: (1) A citizen of the United States; (2) Of good moral character; (3) At least...

(a) (1) Every application for issuance or renewal of an employment agency's license shall be accompanied by a bond in the sum of five thousand dollars ($ 5,000) with a duly licensed surety...

(a) Upon filing of an application for a license as provided in this subchapter, the Director of the Department of Labor shall cause an investigation to be made regarding the character,...

(a) (1) An employment agent's license issued pursuant to this subchapter shall protect only those persons to whom it is issued and only the location for which it is issued. (2) A...

(a) Before a permanent license shall be granted to a license applicant, an applicant shall pay the following annual fee for each license: (1) Two hundred fifty dollars ($ 250) for an...

(a) (1) The Director of the Department of Labor shall have authority to issue a temporary license for operation of a private employment agency, which shall be valid for no more than ninety...

(a) Every license issued pursuant to this subchapter shall remain in force for one (1) year from the date of issue or until the end of the state's fiscal year, whichever occurs first, unless...

(a) (1) If an employment agent ceases business operations, the agent shall, as soon as reasonably possible, notify the Department of Labor and shall deliver, or forward by mail, the...

(a) The Director of the Department of Labor shall issue a license as an employment agent, agency manager, or counselor to any person who qualifies for the license under the terms of...

(a) (1) The Director of the Department of Labor may not refuse to issue a license or suspend or revoke a license unless it furnishes the person, employment agent, agency manager, or...

(a) No employment agent shall publish or cause to be published any fraudulent or misleading notice or advertisement of the employment agency, by means of cards, circulars, or signs or...

In addition to other provisions of this subchapter, the following provisions shall govern each and every employment agency: (1) Every employment agent or agency shall display his, her, or...

(a) Every employment agency shall designate an agency manager at each office location of that agency, who shall be responsible for the general management, administration, and operation of...

(a) Where employment lasts less than ninety (90) calendar days, regardless of the reason, no employment agency may charge an employee a fee of more than one ninetieth (1/90th) of the...

(a) It shall be the duty of every employment agency to file with the Department of Labor a schedule of all fees, charges, and commissions which the agency expects to charge and collect for...

(a) It shall be the duty of every employment agency to keep a complete record of all orders for employees which are received from prospective employers. This record shall contain the date when...

The General Assembly finds that the employment of minor children in the entertainment industry is necessary to create realistic theatrical, motion picture, radio, and television productions and...

As used in this chapter, unless the context otherwise requires: (1) Director means the Director of the Department of Labor; (2) Employ means to use the services of an individual in...

(a) Any person, firm, corporation, or association who violates a provision of this chapter or a lawful regulation promulgated under this chapter shall be liable for a civil penalty in...

(a) A child under sixteen (16) years of age may be employed in the entertainment industry, and the provisions of 11-6-101 -- 11-6-111, with respect to child labor, shall not be applicable...

The Director of the Department of Labor shall have the authority to: (1) Promulgate rules and regulations for the implementation of this chapter; (2) Suspend or revoke a permit for...

This chapter shall be known and may be cited as the Arkansas Conservation Corps Act. ...

(a) There is hereby created within the Department of Labor the Arkansas Conservation Corps. (b) The department shall have the power and authority to promulgate such rules and regulations as...

The Director of the Department of Labor shall: (1) Enroll eligible participants in work experience projects; (2) Employ crewleaders; (3) Appoint an administrative officer of the corps...

(a) (1) The Director of the Department of Labor may develop state and local human service projects which combine both conservation work and human services, especially those projects and...

(a) Work experience projects shall be undertaken in urban, suburban, and rural areas and shall be selected on the basis of the environmental and natural resource benefits each offers,...

(a) Persons participating in the Arkansas Conservation Corps program shall be persons who: (1) Are between the ages of sixteen (16) and twenty-five (25); (2) Have been residents of the...

(a) (1) Corpsmembers of the Arkansas Conservation Corps shall be enrolled for a period of six (6) months. (2) At the option of the Department of Labor, corpsmembers who have...

(a) The Director of the Department of Labor, in developing and approving projects, shall assure that: (1) In employment practices, no individual will be discriminated against because of...

In order to permit joint projects with the summer youth employment and training program established pursuant to Title II B of the Job Training Partnership Act, the provisions of this chapter...

In order to provide opportunities for local and community-based agencies to create a locally operated and funded conservation corps, funds may be authorized to support the development of new...

(a) (1) On January 1, 1994, and each year thereafter during the existence of the Arkansas Conservation Corps, the Director of the Department of Labor shall report to the Legislative Council on...

(a) It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state may be afforded the opportunity to maximize their levels of productivity,...

As used in this chapter, unless the context otherwise requires: (1) Alcohol has the same meaning in this chapter as when used in the federal regulations describing the procedures used for...

(a) This chapter applies to a drug-free workplace program implemented pursuant to rules adopted by the Director of the Workers' Health and Safety Division of the Workers' Compensation...

(a) (1) A covered employer may test a job applicant for alcohol or for any drug described in 11-14-102. Provided, for public employees such testing shall be limited to the extent permitted...

(a) One (1) time only prior to testing, a covered employer shall give all employees and job applicants for employment a written policy statement that contains: (1) A general statement of...

(a) To the extent permitted by law, a covered employer who voluntarily establishes a drug-free workplace is required to conduct the following types of drug or alcohol tests: (1) Job...

(a) All specimen collection and testing for drugs and alcohol under this chapter shall be performed in accordance with the procedures provided for by the United States Department of...

(a) An employee or job applicant whose drug or alcohol test result is confirmed as positive in accordance with this section shall not by virtue of the result alone be deemed to have a handicap...

(a) All information, interviews, reports, statements, memoranda, and drug or alcohol test results, written or otherwise, received by the covered employer through a drug or alcohol testing...

(a) A laboratory may not analyze initial or confirmation test specimens unless: (1) The laboratory is licensed and approved by the Department of Health, using criteria established by the...

(a) The Director of the Workers' Health and Safety Division of the Workers' Compensation Commission is authorized to adopt rules, using criteria established by the United States Department...

The Insurance Commissioner shall approve rating plans for workers' compensation insurance that give specific identifiable consideration in the setting of rates to employers that implement...




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