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:  
$9.25  an hour effective January 1, 2019 with an  allowance  for gratuities not to exceed $6.62  
per hour. 
$ 10 .00   an hour effective January 1, 20 20 with an 
allowance  for gratuities not to exceed $7.37  
per hour. 
$ 11 .00    an hour effective January 1, 20 21 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 
vocational 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  State  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 no t 
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  t he 
Department of Labor and Licensing. 
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 Licensing. 
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  with  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-hour 
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 bei ng 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 MINIMUM WAGE 
No deduction from the applicable minimum wage may 
be  made  except  those  authorized  or  required  by  law 
or  by  r ule  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  fift y 
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  penalty,  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  of  Labor  may  enforce  Arkansas 
minimum  wage  law  by  instituting  legal  action  to  
recover  any  wages  due.   An  employee  may  bring  an 
action  for  equitable  and  monetary  relief  against  an  
employer if the employer pays the employee less than  
the  minimum  wages,  including  overtime  wages,  to 
which  the  employee  is  entitled.    The  employee  shall  
not  be  required  to  exhaust  administrative  remedies  
before  bringing  an  action.   An  employee  may  recover 
the  full  amount  of  wages  due  plus  costs  and  a 
reasonable attorney’s fee . The employee may also b e 
awarded  an  additional  amount  up  to  but  not  greater 
than the amount of wages found to be due, to be paid 
as liquidated damages for willful violations.  CHILD LABOR 
State  law  regulates  the  employment  of  minors  under 
the  age  of  17  and,  generally,  requires  children  under 
the  age  of  16  to  have  employment  certificates.  
Employment  certificates  for  children  ages  14  and  15  
are  not  required  for  seasonal  agricultural  laborers,  
newspaper  carriers,  or  batboys  of  professional 
baseball clu bs, or sports referees. 
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  occupations  
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 or girl is a graduate of any 
high school, vocational school or technical school;  (b)  such  boy  or  girl  is  married  or  is  a 
parent. 
Act 647 of 1987 allows for the employment of children  
in  the  entertainment  industry  provided  the  child  is  
issued  an  Entertainment  Work  Permit  by  the  Director 
of Labor.  Child labor violations result in a civil money 
penalty  of  not  less  than  $50.00  and  not  more  than  
$1,000.00 for each violation. 
IF YOU HAVE QUESTIONS CONCERNING THE ARKANSAS MINIMUM WAGE LAW, 
TELEPHONE 682- 4534 . 
WAGE COLLECTION ACT 
The  Wage  Collection  Act  provides  assistance  to  any  
employee in the collection of wages due him or her for 
work  performed.    Work  performed  shall  include  all  or  
any  work  or  service  performed  by  any  person  
employed  for  any  period  of  time  where  the  wages  or 
salary  or  remunerations  for  such  work  or  services  are 
to  be  paid  at  stated  intervals  or  at  the  termination  of  
such  employment,  or  for  physical  work  actually  
performed  by  an  independent  contractor,  provided 
that  the  amount  in  controversy  does  not  exceed  the 
sum of  two  thousand  dollars  ($2,000.00).    Employees  
who  need  help  in  collecting  wages  due  them  should  
contact  the  Arkansas  Labor  Department  and 
Licensing.  Telephone 682- 4599 . 
THIS POSTER CONTAINS  ONLY A SUMMARY 
Copies  of  the  complete  laws  and  administrative 
rules  are  available  from  the  Department  of  Labor 
and Licensing. 
ARKANSAS DEPARTMENT  OF  LABOR AND 
LICENSING 
DIVISION OF  LABOR 
900  WEST  CAPITOL  
LITTLE  ROCK, ARKANSAS  72201 
PHONE  (50 1)  682-4500 
FAX  (501) 682-4506 
TDD (80 0) 285 -1131 
EMPLOYERS SUBJECT TO THE MINIMUM WAGE ACT ARE REQUIRED TO POST THIS NOTICE IN A  CONSPICUOUS PLACE FOR ALL EMPLOYEES.   8/ 201 9