Arkansas Department of Veterans Affairs v. Mallett (Majority, with Concurring and Dissenting)Annotate this Case
The Supreme Court reversed and dismissed the appeal brought by the Arkansas Department of Veterans Affairs (ADVA) appealing the circuit court’s denial of its motion to dismiss a complaint alleging violations of the Arkansas Minimum Wage Act (AMWA) based on sovereign immunity.
Appellees, former employees of the ADVA, brought this complaint alleging that ADVA failed to compensate them for working overtime in violation of the AMWA. ADVA filed a motion to dismiss, claiming that AMWA’s abrogation of sovereign immunity violates Ark. Const. art. V, 20. The circuit court denied the motion to dismiss. The Supreme Court reversed the circuit court’s denial of ADVA’s motion to dismiss on sovereign immunity, holding that Board of Trustees of University of Arkansas v. Andrews, 535 S.W.3d 616 (Ark. 2018), in which the Court struck the provision of the AMWA that provided this action could be brought against the state, controlled.