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11-10-543. Extended benefits — Failure to accept or seek suitable work — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
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) 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) 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) The gross average weekly remuneration pay
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-543
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:11-10-543
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 60486b7151ee5fa9585ee168ff61f631bb692ee33028de5cb7156c3f136dc677
Source location: content.xml paragraph 12935
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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) 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) 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) 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) The work pays wages equal to the higher of:
(A) The minimum wages provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or
(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) The position was not offered to the individual in writing and was not listed with the employment service;
(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) 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) The individual has engaged in a systematic and sustained effort to obtain work during the week; and
(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) The number of cases of benefit recipients accused of not accepting valid job offers;
(2) The disposition of cases reported under subdivision (j)(1) of this section; and
(3) The policies and steps the division is taking to eliminate and reduce refusals to accept valid job offers.
(k)(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) 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) 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) 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) 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) This section provides a complete defense for an employer in a civil proceeding arising from an employer's actions under this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-507. Eligibility — Conditions — Definitions.
An insured worker shall be eligible to receive benefits with respect to any week only if the Director of the Division of Workforce Services finds that:
(1) Claim for Benefits. He or she has made a claim for benefits with respect to such week in accordance with such rules as the director may prescribe;
(2) Registration and Reporting. He or she has registered for work at and thereafter continued to report to a Division of Workforce Services office in accordance with such rules as the director may prescribe. The director, by rule, may waive or alter either or both of the requirements of this subdivision (2) as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he or she finds that compliance with these requirements would be oppressive or would be inconsistent with the purpose of this chapter. However, no such rules shall conflict with § 11-10-501;
(3)Able to Work and Available for Work.
(A)(i) The worker is unemployed, is physically and mentally able to perform suitable work, and is available for the work. Mere registration and reporting at a local employment office shall not be conclusive evidence of ability to work, availability for work, or willingness to accept work unless the individual is doing those things which a reasonably prudent individual would be expected to do to secure work.
(ii) In determining suitable work under this section and for refusing to apply for or accept suitable work under § 11-10-515, part-time work shall be considered suitable work unless the majority of weeks of work in the period used to determine monetary eligibility are from full-time work.
(iii) In determining suitable work under this section or under § 11-10-5
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-507
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-507. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-515. Disqualification — Failure or refusal to apply for or accept suitable work.
(a)(1)(A) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she has failed without good cause:
(i) To apply for available suitable work when so directed by a Division of Workforce Services office; or
(ii) To accept available suitable work when offered.
(B) The disqualification under subdivision (a)(1)(A) of this section shall continue until, subsequent to the effective date of the disqualification, he or she has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, another state, or the United States.
(2)(A) An individual who applies for benefits is disqualified for benefits if he or she was rejected for offered employment as the direct result of a failure:
(i) To appear for a United States Department of Transportation-qualified drug screen after having received a bona fide job offer of suitable work subject to passage of the drug screen; or
(ii) To pass a United States Department of Transportation-qualified drug screen by testing positive for an illegal drug after having received a bona fide job offer of suitable work.
(B) The disqualification under subdivision (a)(2)(A) of this section shall continue until subsequent to the date of the disqualification, the claimant has been paid wages in two (2) quarters for insured work totaling not less than thirty-five (35) times his or her weekly benefit amount.
(b)(1) No individual shall be disqualified from the receipt of benefits with respect to any week in which he or she is in training with the approval of the director by reason of the application of provisions in subsection (a) of this section.
(2)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-515
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-515. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-535. Extended benefits — Effect of provisions relating to regular benefits.
Except when the result would be inconsistent with the other provisions of this section, as provided in the rules of the Director of the Division of Workforce Services, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-535
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-535. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-537. Extended benefits — Weekly amount.
The weekly extended benefit amount payable to an individual for a week of total unemployment in his or her eligibility period shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit year.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-537
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-537. This identifies an authority to review, not proof of applicability.