State legislature considers medical marijuana protections, paid voting leave

As we've reported previously, the 93rd Arkansas General Assembly, which is now in session, has taken up many employment-related bills. The latest include an amendment removing medical marijuana protections for employees in safety-sensitive positions and a bill to provide paid leave for voting on election day. Although not every bill will become law, it's a good idea to keep an eye on potential legislation of interest. Read on for a recap of previously reported bills and a summary of new bills.

Updates of previously reported bills

House Bill (HB) 1049. This bill would amend A.C.A. § 26-51-904 to permit the withholding of state income taxes from unemployment compensation and insurance benefits if the recipient of the benefits requests such withholding. In that event, the benefits are to be treated as the payment of wages and taxed at the rate of 4.5%.

Status: HB 1049 is now Act 283 of 2021.

HB 1192. This bill proposes to eliminate the exclusion of personal care workers from the definition of "employment" under the Arkansas Minimum Wage Act (AMWA). The stated intent of the bill is to treat personal care workers as the employees of homeand community-based service providers and not as independent contractors.

Status: Read twice and referred to House Committee on Public Health, Welfare and Labor.