Arkansas Notice to Employer and Employee Poster

ARKANSAS DEPARTMENT OF LABOR   AND LICENSING  
NOTICE  
to employer & employe e  
M INIMUM 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, 201 9   with an 
allowance    for   gratuities no t 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.  
CO VERAGE  
The Arkan sas 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
vocation al 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  wi thin  the  Stat e  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  eight y - 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 n o 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 Licensin g .  
STUDEN T - 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 Licens ing .  
OVERTIME PAY  
O vert ime  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 
applic able  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  Di rector  of  the  Division  of  Labor   or  his 
representatives have t he 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)   r equire  written  or  sworn  statements  from  an 
employer about his employees' earnings and 
hours of work ; and  
(c)   enforce all   ad ministrative rules .  
DEDUCTIONS FROM  
THE MINIMUM WAGE  
No deductio n from the applicable minimum wage may 
be  made  exc ept  those  a uthorized  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 wri ting by the employee.  
KEEPING OF RECORDS  
All  emplo yers   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  eac h  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  e mployee  the  amounts  claimed  as 
allowances  and  must  main tain  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  pa ymen t  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  s hall  prohibit  a  variation  in  rates  of  pay 
based  upo n  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 
differentiat ion  except  difference  in  sex.    Every 
employer  shall   kee p  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 o f three (3) years.  
PENALTIES  
Any  employer  who  will full y  hinders  or  delays  the 
Directo r   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 
purpos e  of  this  subsection,  each  such  violation  shall 
constitu te  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  o r  is  about to  cause  to be 
instituted  any  proceeding  under   or  related  to  the  law ,  
or because such employee h as 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  penal ty  of  not  less  than  fifty  dollars 
($50.00)  and  not   more  than  one  thousand  dollars 
($1,000.00) for each viol ation.  For the purpose of this 
section,  each  day  the  violation  continues    shall 
constitute     a     separate     offense.       In addition to the 
civil  p enalty,  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  wa ge  law  by  instituting  legal  action  to 
recover  any  wag es  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,  incl uding   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 .   T he   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   1 7   and,  g enerally,  requires  children  under 
the  age  o f  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 spo rts 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.
*Be fore  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 profession al basebal l clubs,  sports 
referees,  to  hand  harvest  s hort  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  t wenty - four   hour 
period.  
*More than 6 days a week.
*Mo re than 54 hours a week.
*Before  6:00  a.m.  nor  after  11:00  p.m.
except that the limitation s   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  o ccupations 
determined  by  rule  of  the  Arkans as  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  Enterta inment  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 
$1,000.00 for each violation.  
IF YOU HAVE QUESTIONS CONCERNING 
THE ARKANSAS MINIMUM WAGE LAW,  
TELEPHON E 682 - 45 34 .  
WAGE COLLECTION   ACT  
The  Wage  Collection  Act  provides  a ssistance  to  any 
employee in the collection of wages due him or her for 
work  performed.    Work  performed  shall  include  all  or 
any  work  or  service  performed  by  any  person 
employed  for  any  per iod  of  tim e  where  the  wages  or 
salary  or  remunerations  for  such  wor k  or  services  are 
to  be  paid  at  stated  intervals  or  at  the  termination  of 
such  employment,  or  for  physical  work  actually 
performed  by  an  independent  contractor,  provided 
that  the  amount  in  controvers y  does  not  exceed  the 
sum of  two   thousand  dollars  ($ 2 ,000 .00).    Employees 
who  need  help  in  collecting  wages  due  them  should 
contact  the  Arkansas  Labor  Department   and 
Licensing .  Telephone 682 - 45 99 .  
THIS POSTER CONTAINS  
ONLY A SUMMARY  
Copies  of  t he  complet e  laws  and  ad ministrative 
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 EMP LOYERS SUBJECT TO THE MINIMUM WAGE ACT ARE REQUIRED TO POST THIS NOTICE IN A CONSPICUOUS PLACE FOR ALL EMPLOY EES .    8 / 201 9