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Arkansas General Assembly considers new employment legislation

March 2021 employment law letter
Authors: 
Steve Jones, Jack Nelson Jones, P.A.

Several employment law bills have been introduced in the 93rd Arkansas General Assembly, which is now in session. Of course, their mere introduction doesn’t mean they’ll ultimately be reported out of committee, much less voted into law. But, you may wish to keep an eye on the potential legislation and maybe even inform your representative and senator about your views.

Tax withholding from unemployment benefits

House Bill (HB) 1049 would amend Arkansas Code § 26-51-904 to permit the withholding of state income taxes from unemployment compensation and insurance benefits if the recipient requests it. In that event, the benefits would be treated as wage payments and taxed at 4.5% rate.

The bill has been read twice and referred to the House Committee on Revenue and Taxation.

Adding personal care workers to AMWA’s ‘employee’ definition

HB 1192 proposes to eliminate the exclusion of personal care workers from the definition of “employment” under the Arkansas Minimum Wage Act (AMWA). The bill’s stated intent is to treat the workers as the employees of home and community-based service providers and not as independent contractors.

The bill has been read twice and referred to the House Committee on Public Health, Welfare, and Labor.

Removing jobless claims from employer’s base rate during pandemic

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