Press Releases

Question 1: Under Arkansas and federal law, may a SNAP-authorized retailer lawfully round up or down to the nearest nickel when providing change to a SNAP recipient during a non-SNAP cash transaction while charging the exact amount for the SNAP-eligible portion of the transaction? For example, when a SNAP recipient purchases both SNAP-eligible and SNAP-ineligible items, the transaction must be processed as two separate transactions. Because the SNAP portion of the transaction is electronic, the exact amount of the transaction is charged. However, if a SNAP customer chooses to pay cash for the non-SNAP portion of the transaction, may the retailer lawfully round the cash transaction to the nearest nickel?

Brief Response: Neither Arkansas nor federal law specifically prohibits a retailer from rounding the cash portion of a mixed SNAP transaction to the nearest nickel, as long as the SNAP-eligible portion is charged electronically at the exact amount. The key federal requirement is that businesses accepting SNAP payments cannot treat customers who use SNAP coupons differently from those who use cash. To comply with federal SNAP law, a business may consider rounding all non-cash transactions (including SNAP transactions) in the same manner as it rounds cash transactions. But a detailed analysis of federal law is outside the scope of an Attorney General opinion.

Question 2: Under Arkansas law, is there a preferred method for providing change during a cash transaction with a SNAP recipient?

Brief Response: No. Arkansas law does not prescribe any particular method for providing change to SNAP recipients during cash transactions.

Question 3: In general, are there any other laws or regulations which prohibit a retailer from rounding cash transactions to the nearest nickel while charging credit, debit, or check transactions to the exact penny?

Brief Response: Because Arkansas law does not expressly require cash and credit card transactions to be treated identically, penny rounding for cash transactions likely does not, by itself, violate other Arkansas laws. Retailers should still review the applicable sales tax law and surcharge restrictions, if any, on credit and debit transactions to ensure compliance.

Question: Based upon an underlying contractual agreement between the Federal Highway Safety Grants Program and a law enforcement agency to have its officers work specialized shifts for set pay, does the 80-hour threshold of actual work apply to the officer receiving payment for services rendered?

Brief Response: I cannot opine on the terms of any contract. But neither Arkansas law nor federal law requires overtime to be paid until an employee actually works beyond the applicable overtime threshold during the relevant pay period.

Question: Is the custodian’s decision to release the requested records with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?

Brief Response: In my opinion, the custodian’s decision to classify these documents as personnel records is inconsistent with the FOIA. Instead, these records are best classified as employee evaluations. As employee-evaluation records, they cannot be disclosed unless the four-part test for release has been met.