Arkansas workers are protected by both federal and state laws regarding wage and hour requirements. The primary federal law which governs wages and hours is the Fair Labor Standards Act. Arkansas' labor laws address the state wage and hour requirements.
Minimum Wage and Overtime in Arkansas
As of 2018, the minimum wage in Arkansas for non-exempt employees is $8.50 per hour. Examples of exempt employees include tipped employees and full-time students working part-time. The minimum wage increases to $9.25 on Jan. 1, 2019, with annual increases until it reaches $11 in 2021.
The minimum for tipped employees is $2.63 per hour. However, tips earned must be enough to bring the employee up to the $8.50 state minimum. Otherwise, the employer must pay the difference. Full-time students working no more than 20 hours per week while school is in session and no more than 40 hours while school is out of session are also exempt. They may earn as little as $6.38 per hour.
Under state law, employers with more than four employees are required to pay non-exempt employees 1.5 times the usual hourly rate for any work in excess of 40 hours per week.
Pay Day Requirements in Arkansas
Salespersons, mechanics, laborers, or other servants are to be paid semi-monthly.
Arkansas Wage and Hour Laws
The following table outlines wage and hour laws in Arkansas
| Code Sections |
|
| Minimum Wage | $8.50 per hour ($9.25 beginning Jan. 1, 2019) |
| Overtime Pay | Employers with 4 or more employees are required to pay non-exempt employees 1.5 times the employee’s regular hourly rate for any hours worked over 40 during any single workweek. |
| Pay Day Requirements | Salespersons, mechanics, laborers, or other servants are paid semi-monthly. They may be paid monthly if they earn an gross annual income in excess of $25,000 and the corporation for which they are working has a gross annual income of at least $500,000. |
| Persons Not Covered by State Minimum Wage Laws | The minimum is $2.63 per hour for tipped employees. However tips earned must be enough to bring the employee up to the $7.50 state minimum. Otherwise, the employer must make up the difference. The minimum is $6.38 per hour for full-time students working no more than 20 hours per week while school is in session and no more than 40 hours while school is out of session. Learners and apprentices (i.e. employees in training) may also earn less than the state minimum. Deductions may also be made if an employer customarily and regularly provides board, lodging, apparel, or other items and services. However, the employer can only deduct $0.30 per hour below the minimum wage from the employee's pay. |
| Penalties | An employer who pays less than the minimum applicable wage including overtime or compensatory time off is subject to civil penalties and either the employee or the Director of the Department of Labor may bring an action to recover the full amount of wages less any wages paid. The employee may also recover costs such as reasonable attorney's fees and may be awarded an additional amount up the total amount of the unpaid wages as damages. Failure to pay salespersons, mechanics, laborers, or other servants semi-monthly is a misdemeanor punishable by up to $500 for each offense. |
| Enforcement | An employee may file a complaint with the Arkansas Department of Labor regarding unpaid or underpaid wages. An action may be brought against an employer by the employee or the Director of the Department of Labor. |
Arkansas Wage and Hour Laws: Related Resources
State labor laws can be confusing. If you would like legal assistance with an employment matter, you can contact an Arkansas employment attorney. You can also visit FindLaw’s sections on Wages & Benefits: Overview, Fair Wages FAQ, and the federal Fair Labor Standards Act (FLSA) for more articles and information on this topic.
