2016 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary and Secondary Education Generally
Chapter 17 - Personnel
Subchapter 22 - -- Classified School Employee Minimum Salary Act
§ 6-17-2207. Duty-free lunch period

(a) As used in this section:

(1) "Classified employee" means an employee of a public school or school district who performs work for the public school or school district and is not required to hold a valid teaching license issued by the State Board of Education as a condition of employment;

(2) "Emergency" means a time when the health and safety of a child is immediately at risk; and

(3) "Full-time nonexempt classified employee" means a classified employee who works thirty-five (35) hours or more per week for a public school district and who is entitled to overtime pay under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq.

(b) A public school or school district shall provide at least one (1) thirty-minute uninterrupted duty-free lunch period during each student instructional day for each full-time nonexempt classified employee except in an emergency.

(c) A full-time nonexempt classified employee who receives one (1) thirty-minute uninterrupted duty-free lunch period as provided under subsection (b) of this section is not entitled to two (2) paid breaks under § 6-17-2205.

(d) A full-time nonexempt classified employee who does not receive a duty-free lunch period as provided under subsection (b) of this section shall be compensated at his or her hourly rate of pay for each duty-free lunch period missed.

(e) A public school or school district is exempt from this section if the public school or school district has collectively negotiated a contract for classified employees through a local teachers' association and the negotiated contract expressly addresses a duty-free lunch period.