Arkansas Notice to Employer and Employee

ARKANSAS DEPARTMENT OF LABOR AND LICENSING NOTICE 
to employer & employee 
MINIMUM WAGE 
All employees covered by Arkansas Code 11-4-202 to  11 -4-220  must be paid  a minimum  wage of at least:
$11.00  an hour effective January 1, 2021 with an
allowance  for gratuities not to exceed $8.3 7
per hour.
COVERAGE 
The Arkansas Minimum Wage applies to an employer 
of  four  (4)  or  more  persons.   Common  exemptions 
include:  
*Executive, administrative or professional employees. 
*Outside commission-paid salesmen.
*Students  whose  work  is  a  part  of  a  bona  fide 
vocati onal training program.
*Students who work in the schools they are attending. 
*Some farm laborers.
*Independent contractors. 
*Employees of the United States.
STUDENT RATE 
Any  full-time  student  attending  any  accredited  
institution  of  education  within  the  Sta te  of  Arkansas, 
and  who  is  employed  to  work  an  amount  not  to 
exceed  twenty  (20)  hours  during  weeks  that  school  is 
in  session  or  forty  (40)  hours  during  weeks  when 
school  is  not  in  session,  such  rate  of  wage  shall  be 
equal  to  not  less  than  eighty-five  (85%)  of  the 
applicable  minimum  wage  provided  a  Student 
Certificate  of  Eligibility  is  obtained  from  the  Arkansas 
Department of Labor and Licensing.   Student workers 
subject  to  the  85%  provision  of  the  applicable 
minimum wage rate and a gratuity allowance shall not 
be  paid  less  than  the  base  wage  guaranteed  any other employee subject to a gratuity allowance. 
HANDICAPPED WORKERS 
The  Director  has  established  rules  for  employment  of  
these  workers.   For  further  information  contact  th e 
Department of Labor and Licensi ng. 
STUDENT-LEARNERS 
A  "Student-Learner"  is  a  person  who  is  receiving  
regular  instructions  in  an  accredited  school  and  who 
is  employed  on  a  part-time  basis  in  a  bona  fide 
training  program.   For  further  information  contact  the 
Department of Labor and Licen sing. 
OVERTIME PAY 
Overtime  compensation  must  be  paid  at  the  rate  of  
one  and  one-half  times  the  regular  hourly  rate  of  pay 
for  hours  worked  in  excess  of  40  hours  in  a workweek.    This  overtime  provision  shall  not  be 
applicable  with  respect  to  employers  wit h less  than  4 
employees, or agricultural employees. 
WORKWEEK 
A    workweek  is  a  regularly  recurring  period  of   168 
hours  in  the  form  of  seven  consecutive  24-h our 
periods. 
ENFORCEMENT 
The  Director  of  the  Division  of  Labor  or  his 
representatives have the  authority to: 
(a)	
enter 	and 	inspect 	any 	place 	of 	employment	
in 	the 	State 	to 	examine 	books, 	payrolls, 	and	
records 	having 	to 	do with 	wages 	and 	hours.	
He 	may 	copy 	these 	records 	if necessary 	and	
may 	question 	any 	employees 	to 	find 	out 	if	
the 	law is 	being 	obeyed;
(b)	
require 	written 	or 	sworn 	statements 	from 	an	
employer 	about 	his 	employees' 	earnings 	and	
hours 	of work; 	and
(c)	
enforce 	all 	administrative 	rules.
DEDUCTIONS  FROM 
THE  MINIMU M WAGE 
No deduction from the applicable minimum wage may  
be  made  except  those  authorized  or  required  by  law 
or  by  rule  of  the  Director  of  Labor,  however,
deductions  which  are  not  otherwise  prohibited  and 
which  are  for  the  employee's  benefit  may  be  made  if authorized in writing by the employee.  KEEPING 
OF RECORDS 
All  employers  subject  to  the  Minimum  Wage  
Law must  keep  accurate  records  for  a  period  of 
three  (3) years.   These  records  must  include 
the  name, address,  occupation,  rate  of  pay,  hours 
worked  and the  amount  paid  each  pay  period  for 
all  employees covered  by  the  law.   In  addition,  every 
employer  who claims  an  allowance  for  tips,  board, 
lodging,  apparel or  other  items  or  services  as  part 
of  the  applicable minimum  wage  rate,  must 
maintain  daily  records showing  for  each  employee 
the  amounts  claimed  as allowances  and  must 
maintain  records  which  will substantiate  the 
amount  of  tips  actually  received  by the  employee 
or  the  employer's  reasonable  cost  in supplying items  or services to  the employee. 
EQUAL  PAY ACT 
No  employer  in  the  State  of  Arkansas  
shall  discriminate  in  the  payment  of  wages  as 
between  the  sexes  or  shall  pay  any  female  in  his 
employ, salary or wage rate less than the rates paid to 
male  employees  for  comparable  work.    Provided, 
however,  that  nothing  in  this  Act  shall  prohibit  a 
variation  in  rates  of  pay  based  upon  a  difference 
in  seniority,  experience,  training,  skill,  ability,  or 
difference  in  duties  and  services  performed,  or 
difference  in  the  shift  or  time  of  the  day  worked, 
or  any  other  reasonable  differentiation  except 
difference  in  sex.   Every  employer  shall  keep 
and  maintain  records  of  the  salaries  and  wage 
rates,  job  classifications  and  other  terms  and 
conditions  of  employment  of  the  persons  employed 
by  him  and  such  records  shall  be  preserved  for  a period of three (3) years. 
PENALTIES 
Any  employer  who  willfully  hinders  or  delays  the  
Director  or  his  authorized  representative  in 
the performance  of  his  duties  in  the  enforcement  of 
the  Minimum  Wage  Law  or  of  any  rule  issued 
under  it  shall  be  subject  to  a  civil  penalty  of  not  less 
than  fifty  dollars  ($50.00)  and  not  more  than  one 
thousand  dollars  ($1,000.00)  for  each  violation.  
For  the  purpose  of  this  subsection,  each  such 
violation  shall  constitute  a  separate  offense.   Any 
employer  who  willfully  discharges  or  in  any  other 
manner  willfully  discriminates  against  any 
employee  because  such  employee  has  made  any 
complaint  to his employer,  to the Director  of Labor,  or 
his  authorized  representative  that  he  has  not 
been  paid  minimum  wages  in  accordance  with the  law,  or  because  such  employee  has  caused  to 
be  instituted  or  is  about  to  cause  to  be  instituted  any 
proceeding  under  or  related  to  the  law,  or  because 
such  employee  has  testified  or  is  about  to  testify  in 
any  such  proceeding  shall  be  deemed  in  violation 
of  the  Minimum  Wage  Law  and  shall  be  subject 
to  a  civil  penalty  of  not  less  than  fifty  dollars 
($50.00)  and  not  more  than  one  thousand  dollars 
($1,000.00) for each violation.  For the purpose of this 
section,  each  day  the  violation  continues  shall 
constitute    a    separate    offense.     In addition to the 
civil  p en alty,  the  Director  of  Labor  is  authorized  to 
pe tition any court of competent  jurisdiction to enjoin or 
re strain  any  person,  firm,  corporation,  partnership,  or 
association  who  violates  the  provision  of  the  law  or  
any rule. 
EMPLOYEES  REMEDIES 
The  Director  o f Labo r may  enforce  Arkansas 
minimum  wage  la w by  instituting  legal  action  to 
recove r any  wages  due.   An  employee  may  bring  an 
action  fo r equitable  and  monetary  relie f agains t an 
employer i f the  employe r pays the employee less than 
the  minimum  wages , incl uding  overtime  wages , to 
which  the  employee  is  entitled .  The  employee  shall 
no t be  required  to  exhaus t administrative  remedies 
before  bringing  an  action.   An  employee  may  recover 
the  full  amoun t of  wages  due  plus  costs  and  a 
reasonable attorney’s fee . The employee may also b e 
awarded  an  additional  amoun t up  to  bu t no t greater 
than the amoun t of  wages found to be due , to be paid 
as  liquidated  damages fo r willful violations.  CHILD LABOR 	
After August 1, 2023, permits will no longer be  
required. NOTE: All state and federal laws 
regarding work activities and hours will remain in 
effect and will be enforced. Enhanced civil and 
criminal penalties for child labor law violations  
were provided by Act 687 of 2023.
State  law  regulates  the  employment  of  minors  under  
the  age  of  17
. Special  provisions govern the
employment of children in  the  entertainment  industry, 
otherwise,  children  who are  14 and  15 years  of age 
may  not work: 
*More  than 8 hours  a day.
*More  than 6 days  a week.
*More  than 48 hours  a week.
Before  6:00  a.m.  nor  after  7:00  p.m.  except
on nights  preceding non-school days,  such  children
may  work  until 9:00  p.m.
Children under 14 may not be employed except in the  
entertainment  industry,  as  newspaper  carriers,  bat 
boys or bat girls of professional baseball  clubs, sports 
referees,  to  hand  harvest  short  season  crops,  or  by their parents or guardians during school vacation. 
Children  who  are  16  years  of  age  may  not  work:
*More  than 10 consecutive  hours  in any one
day; no more than ten 10 hours in  a twenty-four hour  period.  *More  than 6 days  a week.
*More  than 54 hours  a week.
*Before  6:00  a.m.  nor  after  11:00  p.m.
except that the limitations of 6:00 a.m. and 11:00 p.m.  
shall  not  apply  to  children  16  years  of  age  employed 
on  nights  preceding  non-school  days  in  o cc upations 
determined  by  rule  of  the  Arkansas  Department  of 
Labor  and  Licensing  to  be  sufficiently  safe  for  their 
employment.   Provided,  however,  that  no  boy  or  girl 
between the ages of 16 and 18 shall be subject to the 
provisions of this Act if: 
(a)  such boy o r girl is a graduate  of  any
high school , vocational school or technical  school; 
(b)   such bo y or  gir l is  marrie d or  is  a 
parent.  Act  647  of 1987  allows  for the  employment  of children 
in the  entertainment  industry provided  the child  is 
issued  an Entertain ment Work  Permit  by the  Director 
of  Labor.   	
Child 	labor 	violations 	result 	in a civil 	money 	
penalty 	of 	not 	less 	than 	$10	0.00 	and 	not 	more	 than 	
$5	,000.00 	for each 	violation.	
IF YOU HAV E QUESTION S CO NCERNING 
THE  ARKANSAS  MINIMUM WAGE  LAW, 
TELEPHONE  682-4500.
WAG E COLLECTIO N ACT 
Th e Wag e Collectio n Ac t provide s assistanc e to  any 
employe e in the c ollectio n of wage s du e h im  or her for 
work  performed .  Wo rk performe d shal l includ e all or 
an y  work  or  servic e performe d by  any  person 
employe d for an y perio d of  tim e whe re the  wage s or 
salar y or  remuneration s fo r suc h wor k or  service s are 
to  be  pai d at  state d interval s or  at  th e  terminatio n of 
suc h employmen t, or  for  physica l work  actually 
performe d by  an  independen t contracto r, provided 
tha t th e  amoun t in  controvers y doe s no t excee d the 
su m  of  two  thousan d dollar s ($2,000.00) .  Employees 
who  need hel p in  collectin g wage s du e the m should 
contact  the Arkansas  Labor Department  and 
Licensing.  
THIS  POSTER CONTAINS 
ONL Y A  SUMMARY 
Copies  of  the  complet e laws  and  ad ministrative 
rules  are  available  from  the  Department  of  Labor 
and Licensing. 
ARK ANSAS DEPARTMEN T OF  LA BO R AND 
LICENSING 
DIVISION O F LA BOR 
900  WES T CA PITO L SUIT E 400 
LITTL E RO CK, ARKANSA S 72 205 
PHO NE (501)  682-4500 
F AX ( 501) 682-4506 
TDD (80 0) 285 -1131 
EMPLOYERS SUBJECT TO THE MINIMUM WAGE ACT ARE REQUIRED TO POST THIS NOTICE IN A CONSPICUO US PLACE FOR ALL EMPLOY EES.  1/21