§ 11-4-201. Title
This subchapter shall be known as the “Minimum Wage Act of the State of Arkansas”.
§ 11-4-202. Policy
It is declared to be the public policy of the State of Arkansas to establish minimum wages for workers in order to safeguard their health, efficiency, and general well-being and to protect them as well as their employers from the effects of serious and unfair competition resulting from wage levels detrimental to their health, efficiency, […]
§ 11-4-203. Definitions
As used in this subchapter: (1) [Repealed.] (2) “Employ” means to suffer or to permit to work; (3) “Employee” means any individual employed by an employer but shall not include: (A) Any individual employed in a bona fide executive, administrative, or professional capacity or as an outside commission-paid salesperson who customarily performs his or her […]
§ 11-4-205. Right of collective bargaining not affected
Nothing in this subchapter, including the provisions of § 11-4-218(b), shall be deemed to interfere with, impede, or in any way diminish the right of employers and employees to bargain collectively through representatives of their own choosing in order to establish wages or other conditions of work.
§ 11-4-206. Penalties
(a) (1) Any employer who willfully hinders or delays the Director of the Division of Labor or his or her authorized representative in the performance of his or her duties in the enforcement of this subchapter, willfully refuses to admit the director or his or her authorized representative to any place of employment, willfully fails […]
§ 11-4-209. Director of the Division of Labor — Powers and duties
(a) For any occupation, the Director of the Division of Labor shall make and revise such administrative rules, including definitions of terms, as he or she may deem appropriate to carry out the purposes of this subchapter or necessary to prevent the circumvention or evasion thereof and to safeguard the minimum wage rates established. (b) […]
§ 11-4-210. Minimum wage
(a) (1) Beginning October 1, 2006, every employer shall pay each of his or her employees wages at the rate of not less than six dollars and twenty-five cents ($6.25) per hour except as otherwise provided in this subchapter. (2) Beginning January 1, 2015, every employer shall pay each of his or her employees wages […]
§ 11-4-211. Overtime
(a) Except as otherwise provided in this section and §§ 11-4-210 and 11-4-212, no employer shall employ any of his or her employees for a work week longer than forty (40) hours unless the employee receives compensation for his or her employment in excess of the hours above specified at a rate not less than […]
§ 11-4-212. Allowance for gratuities
(a) Every employer of an employee engaged in any occupation in which gratuities have been customarily and usually constituted and have been recognized as a part of remuneration for hiring purposes shall be entitled to an allowance for gratuities as a part of the hourly wage rate provided in § 11-4-210 in an amount of […]
§ 11-4-213. Allowance for furnishing board, lodging, apparel, etc
(a) An employer of an employee engaged in an occupation in which board, lodging, apparel, or other items and services are customarily and regularly furnished to the employee for his or her benefit is entitled to an allowance for the reasonable value of board, lodging, apparel, or other items and services as part of the […]
§ 11-4-214. Temporary special exemptions — Definition
(a) Any person handicapped by lack of skill, age, or physical or mental deficiency or injury in any way that his or her earning capacity is impaired shall be granted a temporary special exemption license or permit authorizing the employment of the person at wages lower than the minimum prescribed in this subchapter until such […]
§ 11-4-215. Learners, apprentices, and full-time students
(a) For any occupation, the Director of the Division of Labor may provide, by rule, after a public hearing at which any person may be heard, for the employment in the occupation of learners, apprentices, and full-time students at wages lower than the minimum wage rate provided in § 11-4-210(b) as he or she may […]
§ 11-4-216. Posting of law
(a) Every employer subject to any provisions of this subchapter or of any rules issued under this subchapter shall keep a summary of this subchapter, approved by the Director of the Division of Labor, and copies of any applicable rules issued under this subchapter, or a summary of the rules approved by the director, posted […]
§ 11-4-217. Records kept by employer
(a) Every employer subject to any provision of this subchapter or of any rule issued under this subchapter shall make and keep for a period of not less than three (3) years in or about the premises wherein any employee is employed a record of the name, address, and occupation of each of his or […]
§ 11-4-218. Employee’s remedies
(a) (1) Any employer who pays any employee less than the minimum wages, including overtime compensation or compensatory time off as provided by this subchapter, to which the employee is entitled under or by virtue of this subchapter shall: (A) Pay any applicable civil penalties; and (B) Be liable to the employee affected for: (i) […]
§ 11-4-219. Judicial review
(a) Any interested person in any occupation for which any administrative rule has been issued under the provisions of this subchapter who may be aggrieved by any rule may obtain a review thereof in the circuit court of the county of the residence of the aggrieved party by filing in the court within twenty (20) […]
§ 11-4-220. Person entitled to file a claim
(a) Any employee covered by this subchapter may file a claim with the Director of the Division of Labor charging that an employer has violated § 11-4-210 or § 11-4-211 as to any employee or other person. (b) The director shall promptly investigate each claim. (c) The name of any employee identified in a claim […]
§ 11-4-221. Relief from liability under this subchapter for failure to pay minimum wage or overtime compensation
(a) Except as provided in subsection (b) of this section, an employer is not subject to liability under this subchapter, on account of the failure of the employer to pay an employee minimum wages or to pay an employee overtime compensation, for or on account of any of the following activities of the employee: (1) […]
§ 11-4-222. Political subdivisions prohibited from requiring more than federal or state requirements from employers — Definitions
(a) As used in this section: (1) “Employee” means an individual employed in this state by an employer; (2) (A) “Employer” means an individual, sole proprietorship, partnership, limited liability company, corporation, or other entity that does business in this state. (B) However, “employer” does not include a public employer; (3) “Employment benefit” means anything of […]