Page:Board of Trustees of University of Arkansas v. Andrews.pdf/1

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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 ANDREWS

APPELLEE

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