Page:Board of Trustees of University of Arkansas v. Andrews.pdf/3

 arguing that Andrews's claim under the AMWA was barred by sovereign immunity, pursuant to article 5, section 20 of the Arkansas Constitution. RMCC asserted that the General Assembly did not have the authority to abrogate the State's sovereign immunity in the AMWA.

On September 14, 2016, the circuit court conducted a hearing on RMCC's motion to dismiss and heard arguments from both parties. The circuit court subsequently issued a letter order denying RMCC's motion to dismiss. The circuit court ruled that "RMCC has [not] met its burden of demonstrating that the provision of the Arkansas Minimum Wage Act as it applies to Andrews is unconstitutional" and that the State may be sued for violations of the AMWA. In an order entered October 24, 2016, the circuit court memorialized these findings, denied RMCC's motion to dismiss, and found that RMCC was "not entitled to sovereign immunity as it relates to [Andrews's] claims under the AMWA." RMCC filed a motion for reconsideration; the motion was deemed denied. RMCC appeals.

II. Sovereign Immunity
For the sole point on appeal, RMCC argues that the circuit court erred in denying its motion to dismiss. Specifically, RMCC claims that section 11-4-218(e), as it applies to Andrews, is unconstitutional because it violates article 5, section 20 of the Arkansas Constitution. RMCC contends that the Arkansas Constitution does not authorize the General Assembly to waive the State's sovereign immunity. RMCC argues that this court's case law that recognizes a legislative waiver as an exception to sovereign immunity is not consistent with our constitution.