HB1846 Summary

• Amends Arkansas Code § 11-4-205 to clarify that minimum wage provisions do not interfere with collective bargaining rights, explicitly including § 11-4-218(b).

• Creates new § 11-4-221 establishing that employers are not liable for minimum wage or overtime compensation for employee activities including commuting and preliminary or postliminary activities, except when compensable under written or oral contract or established workplace custom.

• Adds § 11-4-218(f) allowing courts to use federal Fair Labor Standards Act decisions interpreting 29 U.S.C. § 201 et seq. (as of January 1, 2017) as persuasive authority only when construing Arkansas minimum wage law.

• Declares an emergency to legislatively overturn the Arkansas Supreme Court's decision in Gerber Products Company v. Hewitt (2016 Ark. 222), which the bill characterizes as misinterpreting state law and undermining collective bargaining agreements.

• Becomes effective upon gubernatorial approval, expiration of veto period without action, or veto override.