Title 11 — Labor and Industrial Relations
17 chapters · 538 sections in this title.
Ark. Code Ann. § 11-10-516 Disqualification — Refusal to report after layoff
2.5K chars
(a) (1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if while on a layoff of ten (10) weeks or less, he or she refuses to report for work within one (1) week after notice of recall to the same job or to a suit…
Ark. Code Ann. § 11-10-517 Disqualification — Receipt of other remunerations
17.8K chars
(1) Separation Payments. If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits for any week with respect to which he or she receives or has received remuneration in the form of:(1) Separation Payments. (A) For initial …
Ark. Code Ann. § 11-10-518 Disqualification — Certain workers in training program excepted — Definition
1.4K chars
(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 be determined to be ineligible or disqualified for unemployment insurance or Trade Act benefit…
Ark. Code Ann. § 11-10-519 Disqualification — Penalty for false statement or misrepresentation
12.2K chars
(a) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits:(1) (A) If he or she willfully makes a false statement or misrepresentation of a material fact or willfully fails to disclose a material fact in filing an initi…
Ark. Code Ann. § 11-10-520 Claims — Posting of information by employer
0.6K chars
(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 other matters relating to the administration of this chapter as the Director of the Divisio…
Ark. Code Ann. § 11-10-521 Claims — Filing — Notice to last employer
3.2K chars
(a) Claims for benefits shall be made in accordance with rules the Director of the Division of Workforce Services prescribes. (b) (1) (A) A notice of the filing of an initial claim shall be immediately mailed or posted online under subsection (c) of this section, or both, to the …
Ark. Code Ann. § 11-10-522 Claims — Determination
11.2K chars
(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 Division of Workforce Services and shall include total wage credits as reported paid by each employer during the claimant's base period and…
Ark. Code Ann. § 11-10-523 Board of Review created — Administrative appeal — Claims
11.0K chars
(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 or until their successors are appointed and qualified. The four-year terms are to run concurr…
Ark. Code Ann. § 11-10-524 Claims — Administrative appeal — Filing and hearing
7.6K chars
(a) (1) The claimant, the Director of the Division of Workforce Services, or any other party entitled to notice may appeal a determination made by the agency by filing a written notice of appeal with the appeal tribunal or at any office of the Division of Workforce Services withi…
Ark. Code Ann. § 11-10-525 Claims — Administrative appeal — Review by Board of Review
2.3K chars
(a) An appeal filed by any party shall be allowed as of right if the determination was not affirmed by the appeal tribunal. (b) The Board of Review, on its own motion and within the time specified in § 11-10-524, may initiate a review of the decision of an appeal tribunal or dete…
Ark. Code Ann. § 11-10-526 Claims — Administrative appeal — Procedure
2.7K chars
(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 appeal before the tribunals shall be conducted in such manner as to ascertain the substantial…
Ark. Code Ann. § 11-10-527 Claims — Conclusiveness of determinations and decisions
0.9K chars
(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 determination or redetermination that has become final, or in a decision on appeal under §…
Ark. Code Ann. § 11-10-528 Claims — Administrative appeal — Rule of decision
2.1K chars
(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 later decision of the board or by a court of competent jurisdiction, shall be binding upon …
Ark. Code Ann. § 11-10-529 Claims — Decision of Board of Review — Judicial review
11.9K chars
(a) (1) (A) (i) Any party entitled to a decision of the Board of Review shall have thirty (30) calendar days from the date the decision is mailed to his or her last known address in which to request a judicial review by filing in the Court of Appeals a petition for review of the …
Ark. Code Ann. § 11-10-530 Claims — Administrative appeal — Representation
0.5K chars
(a) The Director of the Division of Workforce Services shall be a party entitled to notice in any proceeding involving a claim for benefits before a special examiner, an appeal tribunal, or the Board of Review. (b) In any proceeding for judicial review pursuant to § 11-10-529, th…
Ark. Code Ann. § 11-10-531 Claims — Payment of benefits
0.7K chars
(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 tribunal, board, or court that the benefits are due. (b) The pendency of an appeal shall not o…
Ark. Code Ann. § 11-10-532 Claims — Recovery
8.7K chars
(a) (1) If the Director of the Division of Workforce Services finds that a person knowingly has made a false statement or misrepresentation of a material fact or knowingly has failed to disclose a material fact and as a result of either action has received benefits under this cha…
Ark. Code Ann. § 11-10-533 Claims — Investigation of claims filed by state employees
0.3K chars
(a) The Division of Workforce Services shall investigate all claims for benefits filed by state employees whether or not the employing state agency lodges a protest to the payment of the benefits. (b) The investigation shall result in a determination of the eligibility of the emp…
Ark. Code Ann. § 11-10-534 Extended benefits — Definitions
18.2K chars
(1) As used in this section and §§ 11-10-535 — 11-10-543, unless the context clearly requires otherwise:(1) “Additional benefits” means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any st…
Ark. Code Ann. § 11-10-535 Extended benefits — Effect of provisions relating to regular benefits
0.3K chars
Except when the result would be inconsistent with the other provisions of this section, as provided in the rules of the Director of the Division of Workforce Services, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to cla…
Ark. Code Ann. § 11-10-536 Extended benefits — Eligibility
2.4K chars
(1) 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 Division of Workforce Services finds that with respect to that week:(1) He or she is an exhaustee as defined in §…
Ark. Code Ann. § 11-10-537 Extended benefits — Weekly amount
0.2K chars
The weekly extended benefit amount payable to an individual for a week of total unemployment in his or her eligibility period shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit year.
Ark. Code Ann. § 11-10-538 Extended benefits — Total amount
1.8K chars
(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 (50%) of the total amount of regular benefits which are payable to him or her under this chapt…
Ark. Code Ann. § 11-10-539 Extended benefits — Period and computations
1.2K chars
(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 state “off” indicator, the Director of the Division of Workforce Services shall have…
Ark. Code Ann. § 11-10-540 Extended benefits — Financing — Definitions
4.9K chars
(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 § 11-10-404 of one-tenth of one percent (0.1%) on taxable wages to defray the cost of …
Ark. Code Ann. § 11-10-541 Extended benefits — Overpayments
0.1K chars
The Director of the Division of Workforce Services shall establish and recover extended benefit overpayments in the manner prescribed in § 11-10-532.
Ark. Code Ann. § 11-10-542 Extended benefits — Not payable under interstate benefit payment plan — Exceptions
1.0K chars
(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 to an interstate claim filed in any state under the interstate benefit payment plan; and(2)…
Ark. Code Ann. § 11-10-543 Extended benefits — Failure to accept or seek suitable work — Definition
10.4K chars
(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 Director of the Division of Workforce Services finds that during that period:(1) He or she fa…
Ark. Code Ann. § 11-10-544 Reciprocal arrangements with state and federal agencies
11.8K chars
(a) The Director of the Division of Workforce Services is authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the United States Government, or both, whereby:(1) Services performed by an individual for a single emplo…
Ark. Code Ann. § 11-10-545 Benefits paid to former employee of state agency
0.6K chars
(a) At the end of each calendar quarter, the Division of Workforce Services shall certify to a state agency the unemployment compensation benefit payments made to a former state agency employee who claimed and qualified for unemployment compensation benefits under this chapter. (…
Ark. Code Ann. § 11-10-601 Definitions
4.8K chars
(1) 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 to participate in a shared work plan.(B) “Sub-group” means a group of employees which co…
Ark. Code Ann. § 11-10-602 Applicability
0.5K chars
(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 compensation claimants. (b) An individual who files an initial claim for shared work unemployment com…
Ark. Code Ann. § 11-10-603 Construction
0.2K chars
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.
Ark. Code Ann. § 11-10-604 Criteria for approval
12.4K chars
(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 Division of Workforce Services for approval. (b) The director shall approve a shared work unemployment compensation plan only if the …
Ark. Code Ann. § 11-10-605 Approval or rejection
0.4K chars
(a) The Director of the Division of Workforce Services 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 one (1) employer during any twelve-month period. (c) The reason for rejection shall be final and …
Ark. Code Ann. § 11-10-606 Effective date and duration of plan
0.9K chars
(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 Division of Workforce Services but no earlier than the date of approval of the plan by the director. (b) (1) It shall expire at the end of the…
Ark. Code Ann. § 11-10-607 Revocation of approval
1.8K chars
(a) (1) The Director of the Division of Workforce Services may revoke approval of a plan for good cause.(2) The revocation order shall be in writing and shall specify the date the revocation is effective and the reasons therefor.(3) Good cause shall include, but not be limited to…
Ark. Code Ann. § 11-10-608 Modification of approved plan
1.2K chars
(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 with the plan approved by the Director of the Division of Workforce Services, but the modif…
Ark. Code Ann. § 11-10-609 Eligibility for compensation
2.9K chars
(a) 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 Division of Workforce Services finds that:(1) During the week, the individual is employed as a member…
Ark. Code Ann. § 11-10-610 Amount of benefits — Filing of claims
1.2K chars
(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 at least ten percent (10%) in the individual's usual weekly hours of work. (b) An individua…
Ark. Code Ann. § 11-10-611 Entitlement to benefits under certain conditions
3.2K chars
(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%) of the normal hours of work with the shared work employer, he or she shall not be entitl…
Ark. Code Ann. § 11-10-612 Charging shared-work unemployment compensation
0.4K chars
(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) Employers liable for payments in lieu of contributions shall have shared work unemployment co…
Ark. Code Ann. § 11-10-613 Extended benefits
0.4K chars
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 of extended benefits, as provided under the provisions of §§ 11-10-534 — 11-10-543, and…
Ark. Code Ann. § 11-10-701 Accrual and payment by employer
2.3K chars
(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) The contributions shall become due and be paid by each employer to the Director of the Division …
Ark. Code Ann. § 11-10-702 Rate of contributions
0.2K chars
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.
Ark. Code Ann. § 11-10-703 Future rates — Maintenance of separate accounts
14.3K chars
(a) (1) (A) The Director of the Division of Workforce Services shall maintain a separate account for each employer and shall credit the employer's account with all the contributions paid on the employer's own behalf except as otherwise provided in §§ 11-10-701 — 11-10-715.(B) How…
Ark. Code Ann. § 11-10-704 Future rates — Experience rates generally
45.6K chars
(a) The Director of the Division of Workforce Services shall, for each calendar year, classify employers in accordance with their actual experience in the payment of contributions on their own behalf and with respect to regular benefits charged against their accounts, with a view…
Ark. Code Ann. § 11-10-705 Future rates — Computation of contribution rates
8.2K chars
(a) (1) Each employer's contribution rate beginning January 1 for each twelve-month period shall be determined on the basis of the employer's record through June 30 of the previous calendar year.(2) The record of an employer shall include, for the purpose of computing an employer…
Ark. Code Ann. § 11-10-706 Future rates — Administrative assessment
3.5K chars
(a) (1) Effective July 1, 2023, each employer shall be required to pay an administrative assessment on wages paid by the employer with respect to employment.(2) This administrative assessment shall not be credited to the separate account of each employer. (1) Effective July 1, 20…
Ark. Code Ann. § 11-10-707 Future rates — Definitions — Notifications
12.0K chars
(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 the employer who has had three (3) or more years of benefit risk experience; and(B) The term “averag…