2020 Arkansas Code
Title 11 - Labor and Industrial Relations
Chapter 10 - Division of Workforce Services Law
Subchapter 5 - Benefits Generally
§ 11-10-543. Extended benefits — Failure to accept or seek suitable work — Definition

(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. (1) He or she failed to accept any offer of suitable work or failed to apply for any suitable work as defined under subsection (c) of this section to which he or she was referred by the director; or

2. (2) He or she failed to actively engage in seeking work as prescribed under subsection (f) of this section, unless he or she did not actively engage in seeking work because he or she was before any court of the United States or of any state pursuant to a lawfully issued summons to appear for jury duty. In that event, his or her entitlement to benefits shall be decided pursuant to the able and available requirements of § 11-10-507, without regard to the disqualification provisions otherwise applicable under subsection (b) of this section.

(b) Any individual who has been found ineligible for extended benefits by reason of the provision in subsection (a) of this section shall also be ineligible for extended benefits beginning with the first day of the week following the week in which the failure occurred and until he or she has been employed in each of four (4) subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than four (4) times his or her extended weekly benefit amount.

(c) For purposes of this section, the term “suitable work” means, with respect to any individual, any work that is within the individual's capabilities, provided that:

1. (1) The gross average weekly remuneration payable for the work exceeds the sum of the individual's average weekly benefit amount, as determined under § 11-10-537, plus the amount, if any, of supplemental unemployment benefits, as defined in section 501(c)(17)(D) of the Internal Revenue Code of 1954 payable to the individual for that week; and

2. (2) The work pays wages equal to the higher of:

   1. (A) The minimum wages provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or

   2. (B) The state or local minimum wage.

(d) No individual shall be denied extended benefits for failure to accept an offer of, or referral to, any job which meets the definition of suitability as described in subsection (c) of this section if:

1. (1) The position was not offered to the individual in writing and was not listed with the employment service;

2. (2) The failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants in § 11-10-515 to the extent that the criteria of suitability in § 11-10-515 are not inconsistent with the provisions of this section; or

3. (3) The individual furnishes satisfactory evidence to the director that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to an individual shall be made in accordance with the definition of suitable work in § 11-10-515 without regard to the definition specified by this section.

(e) Notwithstanding the provision of this section to the contrary, no work shall be deemed to be suitable work for an individual that does not accord with the labor standard provisions required by section 3304(a)(5) of the Internal Revenue Code of 1954 and set forth herein under § 11-10-515.

(f) For the purposes of subdivision (a)(2) of this section, an individual shall be treated as actively engaged in seeking work during any week if:

1. (1) The individual has engaged in a systematic and sustained effort to obtain work during the week; and

2. (2) The individual furnishes tangible evidence that he or she has engaged in effort during the week.

(g) The employment service shall refer any claimant entitled to extended benefits under this chapter to any suitable work which meets the criteria prescribed in subsections (c) and (d) of this section.

(h) An individual shall not be eligible to receive extended benefits with respect to any week of unemployment in his or her eligibility period if the individual has been disqualified for regular benefits under this chapter because he or she voluntarily left work, was discharged for misconduct, or refused an offer of suitable work unless the disqualification imposed for those reasons was satisfied with employment.

(i) The Division of Workforce Services shall enforce this section.

(j) The director shall make quarterly reports to the Legislative Council on the division's efforts to enforce this section, including without limitation:

1. (1) The number of cases of benefit recipients accused of not accepting valid job offers;

2. (2) The disposition of cases reported under subdivision (j)(1) of this section; and

3. (3) The policies and steps the division is taking to eliminate and reduce refusals to accept valid job offers.

(k)

1. (1) The division shall facilitate electronic reporting of a benefit recipient who refuses to take an offered job either through outright refusal, failing a drug test, or other means.

2. (2) The division may facilitate electronic reporting under subdivision (k)(1) of this section by an easy-to-understand and -use website created for the purpose or created for another purpose that facilitates easy reporting by potential employers and others.

(l)

1. (1) The division shall notify periodically an employer regarding the method for reporting a benefit recipient who fails to take a job either through outright refusal, failing a drug test, or other means.

2. (2) The division may notify an employer at least two times (2) per year regarding the method for reporting under subdivision (l)(1) of this section by electronic means that are economically feasible and may be a part of another communication to the employer.

(m)

1. (1) An employer that provides a report with the belief that it is true of a failure to take a job, whether by outright refusal, failure to show up for work or interview, failing a drug test, or other means is not liable for the reporting.

2. (2) This section provides a complete defense for an employer in a civil proceeding arising from an employer's actions under this section.