Arkansas Notice to Employer and Employee Poster

ARKANSAS DEPARTMENT OF LABOR	 AND LICENSING	 	
NOTICE	 	
to employer & employe	e	 	
 
 	
MINIMUM 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 $	8.37 	
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	ot 	
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	 	
Overt	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 	Director  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)	 	require  written  or  sworn  statements  from  an 	
 	employer about his employees' earnings and 	
 	hours of work	; and	 	
(c)	 	enforce all	 administrative 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 	rule	 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 	
restrain  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	. The employee may 	also 	be 	
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	 17 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	-4599	. 	
 	
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	. 	
 	
ARK	ANSAS DEPARTMENT OF LABOR	 AND 	
LICENSING	 	
DIVISION OF LABOR	 	
10421 WEST MARKHAM STREET	 	
LITTLE ROCK, ARKANSAS 72205	 	
PHONE (501) 682	-4500	 	
FAX (501) 682	-4506	 	
TDD (800) 	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