Memo Text
Ark. Code Ann. § 6-17-2205, a part of the Classified School
Employee Minimum Salary Act, 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 Division
of Elementary and Secondary Education (DESE) 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 DESE 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/districts’ representatives may
find helpful. The “elaws” interactive
site is available on the internet at:
http://webapps.dol.gov/elaws/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 Ark. Code Ann. § 6-17-2201 et seq.,
I have investigated whether (enter applicable school district) School District
is in compliance with the Fair Labor Standards Act, 29 U.S.C. § 201 et
seq. 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 2020-2021 school year."
The affidavit may be submitted by email to Ms. Sallie
Roberts at sallie.robert@ade.arkansas.gov
or by mail to the ADE Attorney’s Office, Four Capitol Mall, Room 301-A, Little
Rock, AR 72201, in compliance with Ark. Code Ann. §6-17-2205. Please be reminded that the affidavit must be
notarized in order to be valid and should be submitted by the end of the school year. Questions or comments may be directed to the ADE Attorney’s Office at 501-683-0087.