Arkansas Department of Education Classified School Employees with Paid Breaks and FLSA - corrected

Memo Information

Memo Number
COM-15-029
Memo Date
10/15/2014
Memo Type
Regulatory
Section
Legal Services
Regulatory Authority
Ark. Code Ann. § 6-17-2205
Response Required
NO
Attention
Co-op Directors; Superintendents; Charter School Administrators

Contact Information

Memo Text

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.   Ark. Code Ann. § 6-17-2205 addresses two topics.  First, the statute requires each school district to provide no fewer than 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, the statute 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), unless the school district policies or state laws impose higher standards.   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 online compliance site that districts/district’s representatives may find helpful.  The “elaws” interactive site is available on the internet at:http://www.dol.gov/compliance/laws/comp-flsa.htm   The following sample affidavit is listed 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 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, (enter applicable school district) School District is in compliance with the Fair Labor Standards Act’s requirements for classified employees for the 2014-2015 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 February 13, 2015.  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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