10. "Employer" means any individual, partnership, limited liability company, association, or corporation carrying on any employment, the receiver or trustee of the same, or the legal representative of a deceased employer;

11. "Employment" means:

(A) Every employment in the state in which three (3) or more employees are regularly employed by the same employer in the course of business except:

 

(i) An employee employed as a domestic servant in or about a private home;

 

(ii) An employee employed to do gardening, maintenance, repair, remodeling, or similar work in or about the private home or residence of the person employing the employee;

 

(iii) Agricultural farm labor;

 

(iv) The State of Arkansas and each of the political subdivisions thereof except as provided by §§ 6-17-1401 -- 6-17-1405, 14-26-101 -- 14-26-104, 14-60-101 -- 14-60-104, 19-10-101 -- 19-10-103, 19-10-202 -- 19-10-210, 19-10-401 -- 19-10-406, and 21-5-601 -- 21-5-610;

 

(v) A person for whom a rule of liability for injury or death arising out of and in the course of employment is provided by the laws of the United States;

 

(vi) A person performing services for any nonprofit religious, charitable, or relief organization;

 

(vii) Any person engaged in the vending, selling, offering for sale, or delivery directly to the general public of any newspapers, magazines, or periodicals or any person acting as sales agent or distributor as an independent contractor of or for any newspaper, magazine, or periodical; and

 

(viii) Any individual who is both a licensee as defined in § 17-42-103(10) and a qualified real estate agent as that term is defined in section 3508(b)(1) of the Internal Revenue Code of 1986, including all regulations thereunder;

 

(B) Every employment in which two (2) or more employees are employed by any person engaged in building or building repair work;

 

(C) Every employment in which one (1) or more employees are employed by a contractor who subcontracts any part of his or her contract; and

 

(D) Every employment in which one (1) or more employees are employed by a subcontractor;

History: Init. Meas. 1948, No. 4, § 2, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 2; 1979, No. 119, § 1; 1981, No. 290, § 1; 1983, No. 444, § 1; 1986 (2nd Ex. Sess.), No. 10, § 1; A.S.A. 1947, § 81-1302; reen. Acts 1987, No. 1015, § 2; Acts 1993, No. 796, § 2; 1995, No. 919, §§ 1, 2; 1997, No. 479, § 8; 1997, No. 832, § 1, 2; 1999, No. 20, § 1; 2001, No. 1757, §§ 1, 2; 2003, No. 1237, § 1; 2005, No. 1250, § 1; 2005, No. 1692, § 1; 2007, No. 546, § 2; 2019, No. 910, § 170; 2019, No. 1055, §§ 4, 5; 2021, No. 947, § 2.

Ark. Code Ann. § 11-9-102