Karen R. Baker

“ 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. ”

“ Absent from our constitution is any language limiting sovereign immunity to money judgments. The majority's holding that the legislature may no longer waive sovereign immunity, necessarily means that the executive and judicial branches likewise may not waive sovereign immunity because any other interpretation would result in treating the legislature differently from the executive and judicial branches. ”

“ 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 the act, private employers are required to compensate their employees in compliance with the act. ”