Arkansas Department of Labor

Agencies | Online Services | Policies

Labor Standards Division

Wages and Hours Worked:

Effective October 1, 2006, the minimum wage in Arkansas will be $6.25. ALL employers having four or more employees must pay this wage, even employers covered by federal minimum wage and overtime laws. The minimum wage for tipped employees is $2.62 per hour as long as tips added to that bring the wage up to $6.25 per hour. Breaks of less than 20 minutes are considered work time, and the employer must pay the worker for those breaks. Workers may contact the Arkansas Department of Labor for help at 501-682-4500. The Arkansas Department of Labor must keep the name of anyone who complains confidential until the investigation has been finished or unless a court orders the ADOL to release the name.
Most employees are covered by the provisions stated above. Specific sections of both state and federal law, however, exempt certain employees from these provisions. If you have a question concerning exemptions, you may contact the appropriate wage and hour office.
Workers who are fired by a corporation must be paid their last paycheck within seven days of being fired. In all other cases, payment must be made at the regularly scheduled payday.
If an employer owes an unpaid last paycheck of less than $1000 to a worker, the worker may file a wage claim with the Arkansas Department of Labor. This is also true for independent contractors. If they are owed more than $1,000, but less than $3000, workers may file suit in Small Claims Court without an attorney.
Employers may NOT charge workers for medical tests or drug screens that they require them to take.
Employers may NOT require employees to have their checks direct deposited into a bank account. The worker has the right to refuse to use direct deposit. He may do so by giving the employer a written and signed letter that says the worker does not want direct deposit.
Holiday pay, shift differentials, vacation pay or sick leave are not required to be offered to workers under Arkansas law.

However, the federal Family and Medical Leave Act requires some employers to offer unpaid leave for serious medical conditions of the employee or member of their immediate family. To see if you qualify for this leave, contact the United States Department of Labor at 501-324-5292.

Neither state nor federal law requires an employer to provide a break or a meal period. Breaks of less than 20 minutes are considered work time, and the employer must pay covered employees for those breaks.

Benefits:

Employers having three or more employees should have workers' compensation coverage in case of injury in the workplace. Workers wanting to make a claim for on-the-job injuries should contact the Arkansas Workers' Compensation Commission at 501-682-3930.
Workers who are laid off or terminated may be able to
collect unemployment benefits. To file for unemployment benefits, workers should contact the Employment Security Department local office for assistance.
Employers are not required to provide group health insurance or retirement benefits. If these benefits are provided, however, the employer must follow federal and state laws. For more information or assistance, you may contact the U. S. Department of Labor, Employee Benefits Security Administration toll-free at: 1-866-444-EBSA (3272).

Discrimination:

State and federal law both make it illegal to treat employees differently because of age, sex, race, religion, national origin, or disability. Rights under the Arkansas Civil Rights Act are enforced by private lawsuit and workers who have been discriminated against should see a private attorney. Rights under the federal Civil Rights Act are enforced by the Equal Employment Opportunity Commission. That number is 501-324-5060.
Pregnant workers are also protected from discrimination by law. For information on this law or to file a complaint, contact the Equal Employment Opportunity Commission at 501-324-5060.
Workers cannot be denied a job because they are a member or are not a member of a labor union. Workers who feel they have been denied a job because of their union membership or non-membership, should contact an attorney for assistance.

Where to Go for Help

For Help Collecting a Last Paycheck:
Arkansas Department of Labor
10421 West Markham
Little Rock, AR 72205
(501) 682-4500

To Report Safety Problems at Work:
U.S. Department of Labor
Occupational Safety and Health Administration
10810 Executive Center Drive
Danville Building, Suite 206
Little Rock, AR 72211
(501) 224-1841

For Help When You’ve Been Injured On The Job:
Arkansas Workers’ Compensation Commission
324 Spring Street
Little Rock, AR 72201
(501) 682-3930
1-800-622-4472

For Help With Unemployment Benefits:
Arkansas Workforce Services
1501 Main Street
Little Rock, AR 72201
(501) 682-3306

For Help Finding An Attorney:
Arkansas Bar Association
400 West Markham
Little Rock, AR 72201
(501) 375-4606

For low income workers:
Center for Arkansas Legal Services
303 West Capitol Avenue
Little Rock, AR 72201
(501) 376-3423

For Help With Worker Education:
Work Force Education Career and Technical
Education
Three Capitol Mall
Little Rock, AR 72201
(501) 682-1040

For Migrant Worker Protection:
United States Department of Labor
Employment Standards Administration
Danville Building
10810 Executive Ct. Dr., Ste. 220
Little Rock, AR 72211
(501) 223-9114

For Help With Minimum Wage and Overtime:
Arkansas Department of Labor
10421 West Markham
Little Rock, AR 72205
(501) 682-4500

United States Department of Labor
Employment Standards Admin.
Wage and Hour Division
Danville Building II
10810 Executive Center Dr, Ste. 220
Little Rock, AR 72211
(501) 223-9114

For Alien Certification:
Arkansas Workforce Services
Alien Labor Certification Section
#2 Capitol Mall
Little Rock, AR 72201
(501) 682-3129

For Help with Racial, Gender, National Origin, Religious,
Disability or Pregnancy Discrimination:
Equal Employment Opportunity Commission
820 S. Louisiana, Suite 200
Little Rock, AR 72201
(501) 324-5481

For Help with Family Medical Leave:
United States Department of Labor
Danville Building
10810 Executive Ct. Dr., Suite 220
Little Rock, AR 72211
(501) 223-9114

For Help with Union Issues:
National Labor Relations Board
Brinkley Plaza Building
80 Monroe Avenue, Suite 350
Memphis, TN 38103
901-544-0018

For Help with Income Tax
Withholding Problems:
Internal Revenue Service
1-800-829-1040 or to report fraud: 1-800-829-0433

Helpful Websites:

Arkansas Department of Labor

United States Department of Labor

Equal Employment Opportunity Comm.

Arkansas Department of Workforce Services

Ark. Workers' Compensation Comm.

Arkansas Workforce Education

National Labor Relations Board