THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS v. MATTHEW ANDREWS

I must dissent from the majority’s decision to hold that the legislative waiver of sovereign immunity found in the Arkansas Minimum Wage Act is unconstitutional. The majority’s opinion is patently flawed for several reasons.

First, the majority’s holding yields the untenable position that while private employers are required to pay their employees minimum wage, the State may forgo paying its employees the required minimum wage. By way of example, when an act is passed by the legislature or more specifically, when the citizens of Arkansas pass an act to increase the minimum wage, pursuant to…