Title 11 — Labor and Industrial Relations
17 chapters · 538 sections in this title.
Ark. Code Ann. § 11-10-403 Election
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(a) (1) An employing unit, not otherwise subject to this chapter, which filed with the Director of the Division of Workforce Services its written election to become an employer subject hereto for not less than two (2) calendar years shall, with the written approval of the electio…
Ark. Code Ann. § 11-10-404 Nonprofit employers
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(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 in §§ 11-10-220 and 11-10-221, operated by the political subdivision.(B) Election is t…
Ark. Code Ann. § 11-10-405 Contributions liability contingency
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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 for contributions under the provisions of this chapter.
Ark. Code Ann. § 11-10-501 Payment
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(a) All benefits provided in this chapter shall be payable from the Unemployment Compensation Fund. (b) All benefits shall be paid through Division of Workforce Services offices, in accordance with such rules as the Director of the Division of Workforce Services may prescribe.
Ark. Code Ann. § 11-10-502 Weekly benefit amount
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(a) For initial claims filed on or after the first day of the calendar quarter following July 22, 2015, an insured worker's weekly benefit amount shall be an amount equal to one-twenty-sixth (¹⁄₂₆) of his or her average wages for insured work paid during the four (4) quarters of …
Ark. Code Ann. § 11-10-503 Weekly benefits for partial unemployment
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(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, an amount equal to his or her weekly benefit amount less that part of any earnings payabl…
Ark. Code Ann. § 11-10-504 Maximum benefits payable
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(a) (1) For initial claims filed on or after January 1, 2018, the maximum potential benefits of an insured worker in a benefit year shall be the amount equal to the lesser of:(A) Sixteen (16) times his or her weekly benefit amount; or(B) One-third (⅓) of his or her wages for insu…
Ark. Code Ann. § 11-10-505 Failure of base-period employer to respond
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(a) (1) (A) A notice to the base-period employer shall be mailed or posted online, or both, promptly to each employer appearing on the claimant's monetary determination as a base-period employer.(B) Employers may choose to receive and respond to notice under this section through …
Ark. Code Ann. § 11-10-506 Seasonal employment and benefit rights — Definitions
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(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 the average monthly number of workers for at least four (4) consecutive months during a regu…
Ark. Code Ann. § 11-10-507 Eligibility — Conditions — Definitions. [Effective until January 1, 2026.]
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(a) An insured worker shall be eligible to receive benefits with respect to any week only if the Director of the Division of Workforce Services finds that:(1) Claim for Benefits. He or she has made a claim for benefits with respect to such week in accordance with such rules as th…
Ark. Code Ann. § 11-10-508 Eligibility — Labor dispute — Exceptions
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(a) If so found by the Director of the Division of Workforce Services, no individual may serve a waiting period or be paid benefits for the duration of any period of unemployment if he or she lost his or her employment or has left his or her employment by reason of a labor disput…
Ark. Code Ann. § 11-10-509 Eligibility — Employees of educational institutions
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(a) With respect to service performed in an instructional, research, or principal administrative capacity as an employee of an educational institution, benefits shall not be paid based on services for any week of unemployment commencing during the period between two (2) successiv…
Ark. Code Ann. § 11-10-510 Ineligibility — Service in sports or athletics
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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 so participate for any week that commences during the period between two (2) successive sport sea…
Ark. Code Ann. § 11-10-511 Ineligibility — Aliens — Exception
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(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 were performed, was lawfully present for purposes of performing those services, or was per…
Ark. Code Ann. § 11-10-512 Disqualification — Satisfaction
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(a) “Week of Unemployment” Defined. A “week of unemployment” as used in this section and § 11-10-519 means a week during which, except for a disqualification, an individual would be eligible for benefits. (b) “Week of Disqualification” Defined. A “week of disqualification” as use…
Ark. Code Ann. § 11-10-513 Disqualification — Voluntarily leaving work — Definitions
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(a) (1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she voluntarily and without good cause connected with the work left his or her last work.(2) (A) An individual working as a temporary employee will…
Ark. Code Ann. § 11-10-514 Disqualification — Discharge for misconduct
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(a) (1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she is discharged from his or her last work for misconduct in connection with the work.(2) In cases of discharge for absenteeism, the individual sh…
Ark. Code Ann. § 11-10-515 Disqualification — Failure or refusal to apply for or accept suitable work
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(a) (1) (A) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she has failed without good cause:(i) To apply for available suitable work when so directed by a Division of Workforce Services office;(ii) To …
Ark. Code Ann. § 11-10-516 Disqualification — Refusal to report after layoff
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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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
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(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
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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
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(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
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(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
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(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
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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
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(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
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(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
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(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
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(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
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(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
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(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…