Filing a Wage and Hour Claim - Arkansas

Arkansas does not have an overtime law that is different from federal law. Under Arkansas law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 40 hours in one week.

Employees exempt under the FLSA, such as those engaged in administrative, professional, executive, agricultural or outside sales activities, are also exempt under Arkansas law. Additionally, the following occupations are exempt under Arkansas law:

  • Federal employees
  • Agricultural employees
  • Independent contractors
  • Summer camp employees

Public agencies may pay their employees with comp time instead of regular overtime compensation.

The state minimum wage in Arkansas is $11 per hour, which is more than the federal minimum wage of $7.25 per hour.

Arkansas does not have any meal or rest break requirements.

The State Department of Labor’s Wage Claims section is responsible for collection of unpaid wages, vacation, bonuses, commissions, sick and severance pay. The wage claim form is available online. There is no charge to the public for these services.

If you have a wage claim, do not delay in contacting the wage claims section. There are strict time limits in which wage claims must be filed.

As you might have other legal claims with deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.

In Arkansas, employees can file a private lawsuit to recover unpaid wages plus attorney’s fees and court costs.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.