Arkansas Notice to Employer and Employee Poster

ARKANSAS DEPARTMENT OF LABOR  	
NOTICE 	
to employer & employee 	
MIN	

IM UM W AGE  	
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, 2019 with an  allowance  for gratuities not to exceed $6.62
 per hour. 
$10.00 an hour effective January 1, 2020 with an  allowance  for gratuities not to exceed 
$7.37 per hour. 
$11.00  an hour effective January 1, 2021 with an 
allowance  for gratuities not to exceed 
$8.37 per hour. 	
COVERAGE
 	
The Arkansas Minimum Wage applies to an employer 
of four (4) or more persons . 
All employees of the above employers are covered 
except:  
*Executive, administrative or professional employees.
*Outside commission -paid salesmen.
*Students whose work is a part of a bona fide
vocational 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 State 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.   Student workers subject to the 
85% provision of the applicable minimum wage rate 
and a gratuity allowance shall not be paid less than 
the base wage guaranteed any other employee 
subject to a gratuity allowance.  	
HANDICAPPED WORKERS 	
The Director has established procedures for 
employment of these workers.  For further information 
contact the Department of Labor.  	
STUDENT-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.  	
OVER	

TIME 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 
applicable with respect to employers with less than 4 
employees,  or agricultural employees.  	
WO	

RKWEEK 
A   workweek    is    a    regularly   recurring   period    of 
168  hours in the form of seven consecutive 24-hour  
periods.  	
ENF	

ORCEMENT 
Powers of the Director of Labor:  
The Director or his representatives have the 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 being obeyed.  
(b)  require written or sworn statements from an  employer about his employees' earnings and 
hours of work.  
(c)  enforce all regulations issued thereunder.  	
DEDUCT	

IONS FROM 
THE MINIMUM WAGE  
No deduction from the applicable minimum wage may 
be made except those authorized or required by law  or by regulations 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 writing by the employee.
 	
KEE	

PING OF RECORDS  
All employers 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 each 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 employee the amounts claimed as 
allowances and must maintain 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.  	
EQ	

UAL PAY  ACT  	
No employer in the State of Arkansas shall 
discriminate in the payment 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 shall prohibit a variation in rates of pay 
based upon 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 
differentiation except difference in sex.  Every 
employer shall keep 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 of three (3) years.  	
PENA	

LTIES 
Any employer who willfull y hinders or delays the 
Director or his authorized representative in the 
performance of his duties in the enforcement of these 
statutes or otherwise willfully violates any provision of 
these statutes or of any regulation issued under it 
shall be deemed in violation of the Minimum Wage 
Law and 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 purpose of this subsection, each such violation 
shall constitute 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 provisions of these 
statutes, or because such employee has caused to be 
instituted or is about to cause to be instituted any 
proceeding under or related to these statutes, or 
because such employee has 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 penalty of not less than fifty dollars 
($50.00) and not more than one thousand dollars 
($1,000.00) for each violation.  For the purpose of this 
section, each day the violation continues   shall 
constitute    a   separate    offense.    In addition to the 
civil penalty, the Director of Labor is authorized to 
petition any court of competent	
 jurisdiction to enjoin or 
re strain any person, firm, corporation, partnership, or 
association who violates the provision of these 
statutes or any regulation.  	
EMPLOYEES REMEDIES  	
The Director of Labor may enforce Arkansas 
minimum wage law by instituting legal action to 
recover any wages due.  An employee may bring an 
action for equitable and monetary relief against an 
employer, including the State of Arkansas or a 
political subdivision of the state, if the employer pays 
the employee less than the minimum wages, including 
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 
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.  	
CHILD LABOR 	
State law regulates the employment of minors under 
the age of 17 and, generally, requires children under 
the age of 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 clubs, or sports 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.
*Before 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 professional baseball clubs, sports 
referees,  to hand harvest short 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 twenty -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 limitations  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 occupations 
determined by rule of the Arkansas Department of 
Labor to be sufficiently safe for their employment .  No 
16-year old  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 Entertainment 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 YO
U HAVE  QUESTIONS  CONCERNING 
THE  ARKANSAS  MINIMUM WAGE LAW, 
TELEPHONE  682-4534. 	
WA	

GE COLLECTION  ACT  
The Wage Collection Act provides assistance 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 period of time where the wages or 
salary or remunerations for such work 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 controversy 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.  Telephone 
682-4510.  	
TH	

IS POSTER CONTAINS  
ONLY A SUMMARY  
Copies  of  the  complete  laws  and  regulations  are 
available from the Department of Labor . 	
ARK	

ANSAS DEPARTMENT OF LABOR  
10421 WEST MARKHAM STREET  
LI TTLE ROCK, ARKANSAS 72205  
PHONE (501) 682- 4500 
FAX (501) 682- 4506 
TDD (800) 285- 1131 	
EMPL	

OYERS SUBJECT TO THE MINIMUM WAGE ACT ARE REQUIRED TO POST THIS NOTICE IN A CONSPICUOUS PLACE FOR ALL EMPLOYEES.   
Effective January 1, 2019