Cite as 2018 Ark. 12
SUPREME COURT OF ARKANSAS
No. CV-17-168
THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS APPELLANT V. MATTHEW ANDREWSAPPELLEE
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Opinion Delivered: January 18, 2018
APPEAL FROM THE POLK COUNTY CIRCUIT COURT, [NO. CV-2013-192] HONORABLE JERRY RYAN, JUDGE REVERSED AND DISMISSED. |
JOHN DAN KEMP, Chief Justice
Appellant, The Board of Trustees of the University of Arkansas (Board), filed this interlocutory appeal of an order of the Polk County Circuit Court denying a motion to dismiss an action brought by appellee Matthew Andrews for violations of the overtime provisions of the Arkansas Minimum Wage Act, codified at Arkansas Code Annotated sections 11-4-201 to -222 (Repl. 2012 & Supp. 2017). For reversal, the Board argues that the circuit court erred in denying Andrews's motion to dismiss because the doctrine of sovereign immunity applies. Pursuant to Arkansas Supreme Court Rule 1-2(a)(1) (2017), we have jurisdiction of this appeal because it involves our interpretation of the Arkansas Constitution. We reverse and dismiss.
I. Facts
Rich Mountain Community College (RMCC), a publicly-funded, nonprofit college in Mena, employed Andrews as a bookstore manager from November 15, 2010, through