THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS v. MATTHEW ANDREWS
2018 Ark. 12
| Ark. | 2018Background
- Matthew Andrews worked as a bookstore manager at Rich Mountain Community College (RMCC), a public nonprofit college, and claimed he was misclassified as exempt and not paid overtime; he earned about $26,824/year and was employed Nov. 2010–May 2013.
- Andrews sued RMCC under the Arkansas Minimum Wage Act (AMWA), seeking declaratory relief, unpaid overtime, liquidated damages, punitive damages, civil penalties, interest, and fees.
- The AMWA (Ark. Code Ann. § 11-4-218(e)) expressly permits employees to bring actions "against an employer, including the State of Arkansas or a political subdivision."
- RMCC (later merged into the University of Arkansas System; Board substituted) asserted sovereign immunity under Ark. Const. art. 5, § 20 and moved to dismiss; the circuit court denied the motion.
- The Board appealed interlocutorily under Ark. R. App. P. 1-2(a)(10), arguing the statutory waiver in § 11-4-218(e) is unconstitutional because the Arkansas Constitution forbids making the State a defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 11-4-218(e) validly waives sovereign immunity | Andrews: § 11-4-218(e)'s plain text permits suits against the State; legislature may abrogate immunity | Board: Art. 5 § 20 prohibits ever making the State a defendant; legislature cannot waive immunity | The waiver is unconstitutional as repugnant to art. 5 § 20; dismissal required |
| Whether prior state cases permitting legislative waiver control | Andrews: Post-Staton precedent recognizes legislative-waiver exception to immunity | Board: Longstanding pre-Staton precedent forbids legislative waiver and controls interpretation | The court revived pre-Staton precedent and overruled conflicting later authorities insofar as they allow legislative waiver |
| Whether federal cases (Jacoby/Alden) affect state-constitutional analysis | Andrews relied on Jacoby distinguishing Eleventh Amendment limits on FLSA suits | Board: Alden later overruled Jacoby; federal Eleventh Amendment principles not dispositive for state-constitutional issue | Court held Jacoby inapplicable—this is a state-constitutional question; Alden undermines reliance on Jacoby |
| Appropriate remedy for employees alleging wage claims against State | Andrews: AMWA provides direct civil remedy against State | Board: Plaintiffs seeking money judgments against State should use Claims Commission; suits imposing financial liability against State are barred | Court: Monetary AMWA suits against the State are barred by sovereign immunity; case dismissed |
Key Cases Cited
- Ark. Hwy. Comm’n v. Nelson Bros., 191 Ark. 629 (1935) (held the State cannot consent to suit; legislative waiver invalid)
- Fairbanks v. Sheffield, 226 Ark. 703 (1956) (statutory authorization to sue state park system held unconstitutional as legislative waiver)
- Dep’t of Human Servs. v. State, 312 Ark. 481 (1993) (restoration/restitution statutory claims against State barred by sovereign immunity)
- Arkansas Dep’t of Fin. & Admin. v. Staton, 325 Ark. 341 (1996) (recognized a statutory waiver permitting a taxpayer to sue the State after administrative refund denial)
- Arkansas Dep’t of Fin. & Admin. v. Tedder, 326 Ark. 495 (1996) (clarified who may sue under Staton when statutory prerequisites are met)
- Jacoby v. Ark. Dep’t of Educ., 331 Ark. 508 (1998) (held Eleventh Amendment did not bar FLSA suits in state court; later federal decision addressed this conflict)
- Alden v. Maine, 527 U.S. 706 (1999) (U.S. Supreme Court held Congress cannot subject nonconsenting States to private suits in state courts)
- Univ. of Ark. for Med. Scis. v. Adams, 354 Ark. 21 (2003) (noting claimants have alternative remedy via Arkansas Claims Commission for monetary claims against the State)