Supreme Court of Arkansas

The Board of Trustees of the University of Arkansas, Appellant v. Matthew Andrews, Appellee

January 18, 2018535 S.W.3d 616

Summary

The court held that the Arkansas Minimum Wage Act's express waiver of sovereign immunity is unconstitutional because it conflicts with the Arkansas Constitution's prohibition against making the State a defendant in its courts. It therefore reversed the denial of the Board's motion to dismiss and dismissed Andrews's overtime claim for lack of jurisdiction. Justice Baker, joined by Justice Hart, dissented, concluding that the statutory waiver was constitutional and warning that the majority's reasoning imperils other statutory and constitutional remedies.