10 Citations
Arkansas employers and employers are governed by a range of statutes and labor laws that seek to protect employer-employee relationships in the state.
Arkansas labor laws cover various topics, including minimum wage, overtime, breaks, and child labor. All parties in any work environment should understand these labor laws to safeguard their interests and rights and ensure they’re treated fairly at work.
This comprehensive guide covers various aspects of Arkansas’ labor laws, including those mentioned above and other important labor laws, to equip employers and employees with a thorough understanding of the state’s employment regulations.
Meals and Breaks in Arkansas
Arkansas does not have laws regulating employee meal breaks and rest breaks. However, under federal law, employers choosing to provide breaks must ensure those under 20 minutes are compensated or paid for.
Meal breaks lasting longer than 20 minutes do not need to be compensated, provided the employee is relieved of all job duties for the duration of their break.
Lactation Breaks
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💡Did You Know?
A 2013 study found that working mothers with shift work had a lower prevalence of using breast pumping breaks than non-shift workers (27.2% vs. 44.0%).
According to Arkansas labor laws, all lactating employees must have a private space near their work area to express milk. Employers must also provide reasonable break times for these employees to do so.
Some employers may require employees to take lactation breaks at the same time they take their meal or rest breaks. While state law mandates lactation or breastfeeding breaks, employers might be exempt from this obligation if they can prove that providing the required accommodations would cause undue hardship for the business.
Leave and Paid Time Off (PTO) in Arkansas
In Arkansas, PTO or leave is categorized into required and non-required types. Arkansas labor laws provide details on the requirements for these leave options.
Required Leave in Arkansas
The leave types required by Arkansas law include:
Family and Medical Leave
Family and medical leave is a time off provided under federal law, centered on the Family and Medical Leave Act (FMLA).
This act guarantees employees within the state the right to 12 weeks of unpaid, job-protected leave per 12 consecutive months (per year), supporting work-life balance by giving employees time off to attend to familial responsibilities. FMLA leave is provided to:
- An employee who has given birth to and is caring for a newborn child
- An employee who has adopted or is fostering a child
- An employee who needs to care for an immediate family member with a serious health condition
- An employee with a serious health condition rendering them incapable of work.
Voting Time Leave
Employers in Arkansas must provide workers with enough time off to be able to vote on election day. This leave typically does not need to be compensated.
Jury Duty Leave
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💡Did You Know?
A 2013 study found that working mothers with shift work had a lower prevalence of using breast pumping breaks than non-shift workers (27.2% vs. 44.0%).
Employers must allow employees to take unpaid leave to attend required jury duties Employers are also banned from punishing or penalizing employees for responding to jury duty in any way, such as requiring the employee to use their available sick or vacation days.
Military Leave
Employers must provide any employees who are armed forces members with the necessary time off to respond to calls into activity. This leave is typically unpaid, but employers must ensure the employee’s job is protected and they can return to work under the same conditions and pay they previously had. This includes base pay and any benefits.
Organ or Bone Marrow Donor Leave
Employees who donate organs or bone marrow are entitled to up to 90 days off. However, it is often up to their employers to determine if the leave will be paid or unpaid. Employees covered by FMLA are not eligible for organ and bone marrow donation leave.
Non-Required Leave in Arkansas
While these non-required leave options are not necessarily a staple for Arkansas’ workforce, many employers still offer them as incentives to recruit and retain good employees.
Sick Leave
Employers in Arkansas are not required to provide paid or unpaid sick leave. However, if they provide it, it must align with business policies or employer-employee contracts.
Vacation or Holiday Leave
The state of Arkansas does not mandate vacation or holiday leave options. However, employers may still offer employees these leave options for recruitment and retention reasons. Employees who offer this leave must abide by their stated policy.
Bereavement Leave
Arkansas does not require employers to offer employees time off in case of a close family member’s death.
Overtime Regulations in Arkansas
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💡Did You Know?
According to a 2019 Gallup Poll, 52% of full-time workers report working more than 40 hours a week
Arkansas laws require all employers with 4 or more employees to pay non-exempt employees the legal overtime rate for all overtime work.
The overtime rate in Arkansas is calculated as 1-and-a-half times the regular wage rate an employee earns. It is typically required whenever employees work more than 40 hours in one workweek (or more than 8 hours a day).
Some employees may be exempt from this law. For example, the salary level to exempt administrative, professional, and executive exemptions from overtime is anything above $684 per week, or $35,568 per year. Regardless, workers earning at least this much may still be eligible for overtime based on their job duties.
Some exempt employees in Arkansas laws include:
- Executive employees
- Administrative employees
- Learned professionals (including creative professionals)
- Computer employees
- Outside salespersons
- Highly compensated employees
Typically, non-exempt employees include:
- Blue-collar workers
- Manual laborers who perform repetitive duties
- Firefighters
- Police officers
- Paramedics and other first responders
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Wages and Benefits in Arkansas
The current Arkansas minimum wage as of December 2023 is $11.00 per hour
Arkansas’ current minimum wage for tipped employees is $2.63. The wage law for tipped employees only applies if they earn tips equaling or exceeding the state minimum wage of $11.00 when combined with their tipped wage – effectively, this means tipped employees must be paid additional wages by their employers if they don’t earn at least $8.37 in tips per hour worked.
Certain employees, such as full-time students under 18 working for their parents’ business and federal employees, are covered by separate minimum wage rules and may be exempt from Arkansas’ overarching $11 minimum wage law.
Pay Frequency
Arkansas requires all employers pay employees at least semi-monthly or twice a month. However, organizations with an annual gross income of at least $500,000 may pay exempt management-level and executive employees monthly.
Pay Stubs
Employers must provide employees with written pay stubs for each pay period.
These stubs must include:
- Name and address of the employer
- Employee's name and address
- Pay period covered
- Gross wages earned
- Deductions for taxes, Social Security, Medicare, and other authorized items
- Net pay received
- Hours worked information (if applicable)
Final Paychecks
Employers must pay employees who resign from work or are laid off all final wages within seven days of employment termination. However, employees who terminate employment due to labor disputes may receive their final wages by the next regularly scheduled payday.
If an employer fails to pay an employee’s final paycheck by its due date, the employee is entitled to double the amount of their wages owed.
Employee Benefits
Mandatory Benefits:
- Unemployment Insurance: Employers contribute to a state unemployment insurance fund that provides temporary payments to employees who lose their jobs through no fault of their own.
- workers' compensation: Employers must carry workers' compensation insurance to cover medical expenses and lost wages for employees injured on the job.
Optional Benefits:
- Health Insurance: Many employers offer health insurance plans to their employees.
- Retirement Plans: Some employers offer 401(k) or other retirement savings plans.
- Paid Time Off: Many employers offer paid time off for vacation, sick leave, and personal leave.
- Other Benefits: Some employers may offer other benefits such as child care assistance, disability insurance, life insurance, and employee discounts.
Prevailing Wages in Arkansas
Arkansas repealed its prevailing wage law in 2023. This means there is no state-mandated minimum wage for workers on public works projects.
However, prevailing wage considerations can still be relevant for specific situations in the state, as the federal Davis-Bacon Act still guarantees prevailing wages for workers performing certain construction roles on federally-funded public works projects.
Hiring Practices in Arkansas
Arkansas abides by federal and state-specific laws upholding fairness in the hiring process. The state abides by several antidiscrimination laws:
- Arkansas Civil Rights Act of 1987: Prohibits discrimination in employment based on protected classes.
- Pregnancy Discrimination Act: Requires employers to treat pregnant employees fairly and offer comparable benefits to other employees.
- Fair Labor Standards Act (FLSA): Sets minimum wage, overtime pay, and recordkeeping requirements at the federal level.
Job Postings
Arkansas doesn’t have specific requirements for job posting content. However, employers should avoid including discriminatory language or requirements. Additionally, posting details about job duties, qualifications, pay, and benefits should be truthful and accurate. Misleading information can have legal consequences.
Anti-Discrimination Practices
Arkansas makes it illegal for employers to discriminate against potential employees during hiring. Hence, employers must not discriminate against individuals based on:
- Race
- Religion
- Gender
- National origin
- Disability
Discrimination against the above categories is illegal for employers with 9 or more employees. Arkansas also extends protections for applicants and employees based on:
- Genetic information
- Military service status
- Age (except in cases when it's a bona fide occupational qualification (BFOQ) — for example, with airline pilots)
Employers cannot ask potential employees about the abovementioned characteristics during pre-employment interviews. Employers are equally expected to protect the confidentiality of the applicant’s medical history.
The Equal Employment Opportunity Commission oversees the enforcement of anti-discrimination laws in Arkansas.
Background Checks & Drug Testing
Arkansas doesn’t have general laws regulating background checks or drug testing. When employers carry out background checks or drug tests, they should follow federal laws like the Fair Credit Reporting Act and comply with any industry-specific regulations.
While the state doesn’t require background checks, Arkansas usually requires employers conduct these checks for roles requiring public trust, such as:
- Teachers and school personnel
- Auctioneers
- Bail bondsmen
- Professional counselors and psychologists
- Social workers
- Nurses
- Pharmacists
- Employees who provide care for the elderly
- Employees who provide care for disabled adults
- Owners and operators of childcare facilities and those who work for certain service providers (home healthcare, hospice programs, long-term care facilities, etc.)
- Employees of nonprofit community programs providing developmental disabilities services
All background checks should be job-related and conducted fairly for all applicants. Applicants must also give written consent for both background checks and drug testing.
Health and Safety Standards in Arkansas
The federal Occupational Safety and Health Administration (OSHA) regulates work safety conditions for most private industries and state programs. All covered employers must ensure a safe work environment and provide employees with workplaces free from known serious hazards.
These hazards recognized and highlighted by OSHA include:
- Safety hazards (tripping, floor spills, unguarded machinery, confined spaces, etc.)
- Biological hazards (blood, bodily fluids, mold, viruses, insect bites, animal droppings, etc.)
- Physical hazards (radiation, extreme temperatures, constant loud noise, long periods of sunlight exposure)
- Ergonomic hazards (frequent lifting, inappropriately adjusted chairs, awkward or repetitive movements, etc.)
- Chemical hazards (cleaning products, paints, acids, vapors and fumes, gasoline, solvents, pesticides, etc.)
- Work organization hazards (workload demands, violence, work intensity or pace, etc.)
To ensure the safety of employees in Arkansas, OSHA conducts workplace inspections and investigations to ensure these hazards are not present in the workplace.
To report safety problems at work, employees can contact:
- Occupational Safety and Health Administration
- Arkansas Occupational Safety and Health (AOSH):
- Arkansas Attorney General's Office
Employers can find resources and training materials on workplace safety compliance on the Arkansas DOL’s Occupational Safety and Health Division website or through the U.S. Department of Labor’s OSHA Training Institute.
Child Labor Laws in Arkansas
In Arkansas, the minimum age for employment is 14 years. However, there are usually job restrictions for minors between ages 14 and 16. Most minors can begin working at most jobs when they turn 16, unless the job is considered hazardous.
For minors under 16, Arkansas child labor laws stipulate the following rules:
- Possess a GED or have graduated from high school
- Hold a Certificate of Exemption from their school superintendent
- Engage in private domestic service
- Work as a Florida Senate page
- Work for their parents
- Employees under 16 can work a maximum of 6 hours a day, or 48 hours total in a single workweek
- Permitted working hours are 6 a.m. to 7 p.m. on school days, extended to 9 p.m. on nights not followed by school days.
For children 16 and older, these Arkansas child labor laws apply:
- Employees aged 16 and over can work a maximum of 10 hours in any 24-hour timeframe, or a maximum of 54 in a workweek.
- Working hours are from 6 a.m. until 11 p.m.
- 16 year olds cannot begin work before 6 a.m., work past 11 p.m., or work more than 10 hours a day if school is in session the following day.
- Minors can work no more than 6 days a week.
Prohibited Occupations
To safeguard minors from exploitation or harm while working, Arkansas prohibits them from working in potentially hazardous occupations.
Some of these occupations include:
- Operating heavy machinery
- Working in any establishment serving alcohol
- Operating or servicing motor vehicles
- Construction work
- Mining
- Handling explosives
Employee Termination and Resignation in Arkansas
Arkansas operates based on the rule of “at-will employment.” This means either employers or employees can terminate their work relationship at any time, and reasons for termination do not need to be stated by either party.
Exemptions may apply in some cases. Employers cannot simply terminate an employee’s employment under the following discriminatory scenarios:
- Because of age, sex, religion, national origin, race, disability, and/or genetic information
- Because of pregnancy or abortion
- If termination contradicts written promises in employment contracts or other company documentation
- For refusing to break the law
- For serving on jury duty
- For becoming a whistleblower
Employment Termination Notices
Arkansas has no statutory notice requirement for employment termination. However, some employers may have internal policies or contractual agreements stipulating notice periods. These policies must be stated clearly in the employer-employee employment contract.
Employers must document the reasons for termination, the date, and other relevant details to protect themselves from potential wrongful termination claims.
Severance Pay
Arkansas doesn’t legally obligate employers to offer severance pay on termination. However, some employers may offer it based on company policies or contract terms.
Some employee benefits, such as vacation time or accrued sick leave, may be paid out on resignation, depending on company policy.
Right-to-Work Law
Arkansas is a right-to-work state – employees have the right to work without being required to join a union or pay union dues. However, unions can still represent employees who choose to join them.
Unemployment Benefits in Arkansas
Department of Workforce Services administers Arkansas’ unemployment benefits program.
To qualify for unemployment benefits in Arkansas, an individual must be unemployed through no fault of their own, be physically and mentally able to work, be available for suitable work, make a reasonable effort to find a job, and be free of participation in a labor dispute.
Weekly benefit amounts range from $81 to $451, and the duration and amount of benefits are based on the individual’s earnings during the most lucrative quarter of their base period. Hence, the weekly benefit amount is calculated based on the employee’s wages in the highest quarter of their base period. Weekly unemployment benefits can last up to 26 weeks.
To be eligible, terminated employees must meet the following eligibility criteria:
- Must be actively seeking work and available for suitable employment
- Must have earned enough wages in covered employment during the past 12 months.
- Wages in the highest quarter of the base period must exceed a certain threshold.
- Must be unemployed through no fault of their own, such as a layoff, reduction in force, or job closure
Arkansas employers must pay unemployment insurance taxes – the current taxable wage base is $7,000 per employee. Unemployment insurance tax rates in Arkansas range from 0.1% to a maximum rate of 5.0%.
Penalties for Noncompliance in Arkansas
Failing to comply with Arkansas labor laws can result in significant penalties and fines for employers. These penalties can come in the form of:
- Fines can range from hundreds to thousands of dollars per violation, depending on the severity and nature of the offense. Repeated violations can lead to higher fines.
- Employers may be ordered to pay back wages, damages, and attorney's fees to affected employees.
- Willful violations of labor laws can lead to criminal charges and even jail time.
Examples of noncompliance and penalties include:
- Minimum wage violations: Failing to pay employees the minimum wage can result in fines of $50-$100 per day per employee, and back pay owed to employees.
- Overtime violations: Failing to pay overtime for eligible hours worked can result in fines of $50-$100 per day per employee, and back pay with overtime pay.
- Wage and hour recordkeeping violations: Failing to maintain proper wage and hour records can result in fines of $50-$100 per day and other legal sanctions.
Enforcement and Reporting
- Arkansas Department of Labor (ADOL): ADOL is the primary agency responsible for enforcing Arkansas labor laws. They conduct investigations, issue citations and fines, and can refer cases to the Attorney General’s office for criminal prosecution.
- U.S. Department of Labor (DOL): The federal DOL can also investigate and enforce specific federal labor laws in Arkansas, such as FLSA.
Other Essential Information About Labor Laws in Arkansas
Arkansas Recordkeeping Laws
Under the Fair Labor Standards Act, employers in Arkansas must keep employment and payroll data. They must:
- Keep payroll records, certificates, agreements, notices, collective bargaining agreements, employment contracts, sales and purchase records, and completed copies of each employee’s I-9 for three years after being hired. If an employee works longer than three years, their I-9 should be retained for at least one year after their separation.
- Keep basic employment and earning records (timecards, wage-rate tables, shipping and billing records, and records of additions to or deductions from wages) for at least two years.
- Keep records detailing reasons for paying different wages to employees of different sexes, such as wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements for at least two years.
- Keep all employment records per the Equal Employment Opportunity Commission for at least one year from the employee’s termination date.
Additionally, OHSA requires employers to keep records of job-related injuries and illnesses for five years. However, some records, like those covering toxic substance exposure, must be kept for 30 years.
Arkansas Whistleblower Protection Laws
Employers must not penalize, discriminate against, or discharge an employee because they reported or filed a complaint against a member of the organization or the organization itself. Arkansas whistleblower protection laws protect both private and public employees from employer retaliation.
Arkansas COBRA Laws
The federal Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires employers who offer health care benefits and have 20 or more employees to allow employees to continue their coverage if it would otherwise be lost due to termination of employment, reduction in hours, voluntary/involuntary job loss, or other major life events. COBRA coverage may be available for up to 18 to 36 months.
Arkansas has a mini-COBRA law that allows employees to continue their coverage for up to 120 days after the end of federal COBRA coverage.
Final Thoughts On Labor Laws in Arkansas
Understanding Arkansas labor laws is essential for employers and employees to ensure compliance and fair treatment in the workplace.
Employees need to understand their state’s labor laws to protect their rights in the workforce. Employers have a heavier labor law mandate and must stay informed and/or seek legal guidance when necessary to ensure compliance.
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