Filing a Wage and Hour Claim - Arkansas

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Does Arkansas have state overtime laws that are different from federal law?

Under Arkansas law, employers must pay employees at a rate of one and one-half the employee's regular hourly wage for working more than 40 hours in one week.

Employees exempt under the FLSA, such as those engaged in administrative, professional, executive, agricultural or outside sales activities, are also exempt under Arkansas law. Additionally, the following occupations are exempt under Arkansas law:

 

Public agencies may pay their employees with comp time instead of regular overtime compensation.

Does Arkansas have a minimum wage that is different from federal law?

The state minimum wage in Arkansas is $8.50 per hour, which is more than the federal minimum wage of $7.25 per hour.

Generally, employers cannot use other costs of employment to decrease the minimum wage required. Employers cannot reduce the minimum wage by the cost to provide and maintain uniforms. Employers, however, can use tips and gratuities to reduce the minimum wage required to $2.63 per hour. Employers can decrease the minimum wage by the cost of meals and lodging by up to $0.30 per hour.

The following employees can be paid at a rate below the minimum wage:

Do any cities or counties in Arkansas have a minimum wage that is different from state or federal law?

In 2017, Arkansas passed a law that stops any cities or counties in the state from passing their own minimum wage laws. Therefore, the federal minimum of $7.25 per hour, or $2.13 per hour for tipped workers, applies across the state. 

Does Arkansas have meal and rest break requirements, unlike federal law?

Arkansas does not have any meal or rest break requirements.

How do I file a wage/hour or labor standards claim in Arkansas?

The State Department of Labor's Wage Claims section is responsible for collection of unpaid wages, vacation, bonuses, commissions, sick and severance pay. The wage claim form is available online. There is no charge to the public for these services.

What are my time deadlines?

If you have a wage claim, do not delay in contacting the wage claims section. There are strict time limits in which wage claims must be filed.

As you might have other legal claims with deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.

How can I or my attorney pursue a claim in court in Arkansas?

In Arkansas, employees can file a private lawsuit to recover unpaid wages plus attorney's fees and court costs.

State Labor Agency

Department of Labor

Arkansas Department of Labor
10421 West Markham
Little Rock, AR 72205 
Phone: (501) 682-4500
Fax: (501) 682-4535
Email: asklabor@arkansas.gov

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