Ark. Code Ann. » Title 11 Chapter 04
Arkansas Code Annotated

Ark. Code Ann. § 11-4-303 (2020)

Director of Division of Labor to conduct hearing

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
  1. Upon application of either employer or employee, the Director of the Division of Labor or any person authorized by the director shall have authority to inquire into, hear, and decide disputes arising from wages earned and shall allow or reject any deduction from wages.
  2. Upon motion of either employer or employee, the amount found to be due may be paid in the presence of the director or person designated by him or her, and after final hearing by the director or person appointed by him or her, he or she shall file in the office of the Division of Labor a copy of findings and facts and his or her award.
  3. The amount of the award of the director shall be presumed to be the amount of wages, if any, due and unpaid to the employee.

History. Acts 1937, No. 86, § 2; Pope's Dig., § 8538; A.S.A. 1947, § 81-312; Acts 2019, No. 910, § 5322.

Amendments. The 2019 amendment substituted “Director of Division of Labor” for “Director of Department of Labor” in the section heading; substituted “Director of the Division of Labor” for “Director of the Department of Labor” in (a); and substituted “Division of Labor” for “Department of Labor” in (b).

Research References

Ark. L. Rev.

Constitutional Law — Separation of Powers — Legislative Delegation of Judicial Powers, 10 Ark. L. Rev. 213.

U. Ark. Little Rock L.J.

Stafford, Separation of Powers and Arkansas Administrative Agencies: Distinguishing Judicial Power and Legislative Power, 7 U. Ark. Little Rock L.J. 279.

Case Notes

Constitutionality.

This section does not amount to an unconstitutional delegation of judicial power to the commissioner of labor nor is it vague and indefinite as to method of appeal. Thornbrough v. Williams, 225 Ark. 709, 284 S.W.2d 641 (1955).

Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: U.S. Rooter All Type Plumbing Co. v. Holliman, 900 S.W.2d 580 (Ark. Ct. App. 1995).
Sort: Relevance Newest Treatment
U.S. Rooter All Type Plumbing Co. v. Holliman, 900 S.W.2d 580 (Ark. Ct. App. 1995). “2d 681 (1955), the appellant contested the constitutionality of Arkansas Statutes § 81-312 (now codified as § 11-4-303). In finding the statute constitutional, the court stated: [Ojnce the Commissioner has made a finding, the losing party has a right to refuse to accept the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.