Filing a Wage and Hour Claim – Arkansas
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 forty hours in one week.
Some employees are exempt from the overtime requirement. Employees engaged in administrative, professional, executive, agricultural or outside sales activities. Additionally, the following occupations are exempt under Arkansas law:
- United States employees
- Independent contractors
- Summer camp employees
Does Arkansas have a minimum wage that is different from federal law?
The state minimum wage in Arkansas is $6.25, less than the federal minimum wage. The state law excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act (FLSA).
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:
- Disabled employees
- Full-time students
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.
There is no charge to the public for these services. The wage claim form is available online on the Department’s website at http://www.arkansas.gov/labor/pdf/wageclaim_form_electronic.pdf.
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. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, 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
Ph: (501) 682-4500
This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.
© 2015 Workplace Fairness