Arkansas Department of Education Division of Elementary and Secondary Education Compliance with the Fair Labor Standards Act -- Paid Breaks for Classified Employees

Memo Information

Memo Number
COM-22-147
Memo Date
4/28/2022
Memo Type
Regulatory
Unit
Legal Services
Regulatory Authority
Ark. Code Ann. ยง 6-17-2205
Response Required
NO
Attention
Superintendents; Assistant Superintendent; Principals; General Business Managers; Bookkeepers

Primary Contact Information

Secondary Contact/s Information

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No references available.

Memo Text

Arkansas Code Ann. § 6-17-2205, which is 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 files 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, DESE urges school districts to seek the advice of legal counsel to ensure strict adherence. Additionally, the Department of Labor has an online compliance site that districts might find helpful. The “elaws” interactive site is available 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 2021-2022 school year." 

The affidavit may be submitted by email to Quarnicia Smith at quarnicia.smith@ade.arkansas.gov, or by mail to Quarnicia Smith, ADE Legal Unit, Four Capitol Mall, Room 301A, Little Rock, AR, 72201, in compliance with Ark. Code Ann. § 6-17-2205. Please note that the affidavit must be notarized in order to be valid and should be submitted by the end of the 2021-2022 school year. If you have any questions, please contact ADE's Legal Unit at (501) 682-4234.  

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