Arkansas Department of Veterans Affairs v. Diane Mallett and Joseph Fabits

Summary

The court held that the Arkansas Minimum Wage Act provision permitting employees to sue the State for monetary relief is unconstitutional under the Arkansas Constitution's sovereign-immunity provision. Because the court's prior decision controlled, it reversed the circuit court's denial of the Arkansas Department of Veterans Affairs' motion to dismiss and dismissed the claims, leaving the Claims Commission as the avenue for financial redress. Separate writings contested the application and constitutional basis of the controlling precedent, while the concurrence agreed with the result but emphasized the possibility of constitutional amendment.