Introduction
Overtime laws are regulations that define how much employees should be paid for working more than a specific number of hours per week. States have various overtime laws that employers must adhere to, including Arkansas. These laws ensure that workers are compensated fairly for their extra effort, but employers must comply with them to avoid legal trouble. Arkansas overtime laws are quite straightforward, but it is essential to ensure that you understand them if you are an employee or employer in Arkansas.
Definition of Overtime
Overtime is any work an employee does beyond the standard 40 hours worked in a week. The Fair Labor Standards Act (FLSA) defines the minimum wage in the United States and sets the overtime pay rate. Overtime pay must be at least one and a half times the employee’s regular pay rate. That means that if an employee earns $10 per hour, his overtime rate should be at least $15 per hour. However, Arkansas state law exceeds the federal law by requiring employers to pay overtime at two times the regular pay rate if the employee works on a national holiday.
Exemptions from Arkansas Overtime laws
Some classes of employees are exempt from the Arkansas overtime laws. These include executives, administrative personnel, professional employees, and outside salespeople. However, to be classified as a professional employee, one must be working in a field that requires an advanced degree or specialized training, such as law or medicine. Such workers are exempt from overtime laws if they earn a salary of at least $684 per week, according to the FLSA. The employer has the responsibility of determining who is exempt from overtime laws and who is not.
Arkansas Overtime Pay Rate
Arkansas state law stipulates that employers should pay overtime pay at a rate of one and a half times the regular pay rate for every hour worked beyond the standard forty hours per week. Employers who fail to pay overtime risk being sued by employees. Furthermore, the Arkansas minimum wage is $11.00 per hour, and employees must be paid this amount in addition to overtime.
Changes to Arkansas Overtime Laws
In 2019, the Department of Labor (DOL) issued a final ruling that updated the FLSA overtime exemption threshold. The rule raised the salary threshold for overtime exemption from $23,660 to $35,568 annually. The new rule marked the first salary threshold increase since 2004. The DOL’s move ensured that an estimated 1.3 million American workers receive overtime protections. However, the increase did not affect Arkansas state law, which already had a higher overtime threshold.
In March 2021, Arkansas Senate Bill 248 introduced an increase in the minimum wage rate to $13.00 per hour. If implemented, the proposed rate would be effective January 2023. Employers should take Alaska’s proposals into account and watch the news for updates.
Working more than one Job
Employees who work for more than one employer in Arkansas must receive overtime pay at the standard rate of one and a half times their regular pay rate for the additional job after working forty hours in a week. This situation is known as “dual employment,” and it does not matter if the worker is working multiple jobs for the same employer or different employers. As long as the worker has exceeded the forty-hour limit, overtime pay is mandatory.
Mandatory Breaks
Arkansas state law requires employers to abide by the Occupational Safety and Health Administration’s rules regarding breaks. Employees are entitled to a thirty-minute break after working six or more consecutive hours. Lunch breaks are usually unpaid, but if the employer requests that workers remain at their job sites during the break, the employer must pay the workers for the break time.
Vacation and Sick Leave
Arkansas law does not mandate employers to give sick leave or vacation time to employees. However, employers may choose to offer such benefits to their workers. If the employer has such a policy, the terms and conditions should be specified in the employment contract. Employees who work on national holidays are also entitled to benefits. If an employee works on a national holiday, the employer must pay overtime at two times the regular pay rate.
Conclusion
It is essential to understand Arkansas overtime laws if you are an employee or employer in the state. Employers must comply with AR overtime laws to avoid legal trouble, while employees deserve fair compensation for their extra effort. The AR overtime pay rate is two times the regular pay rate for work done on a national holiday. Some classes of employees are exempt from AR overtime laws, including administrative personnel and professional employees. The state also requires employers to give breaks to employees who work more than six consecutive hours. Overall, it is crucial for Arkansas employers to stay up-to-date with the latest changes to overtime laws to avoid any legal implications.
Quick Guide to Arkansas Overtime Law
Arkansas Overtime Laws
Arkansas overtime law is mainly located in §11-4 of the state’s revised code, and many of the laws fall under the Fair Labor Standards Act as well—even though Arkansas’s minimum wage is $6.25. This article will discuss specific Arkansas overtime laws, exemptions under the FLSA, and information about filing a wage claim for unpaid overtime.
§11-4-211 Overtime
This section of Arkansas overtime law exempts employees under §11-4-210 and §11-4-212, but otherwise states:
“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 one and one-half (1 ½) time the regular rate of pay at which he or she is employed.”
There are several different laws for public serviceman, and the Director of the Department of Labor may make adjustments for certain employees at any time.
According to standard Arkansas overtime laws, the minimum overtime wage in the state is $9.38 for all hours worked over 40 hours. If you believe your employer has violated an Arkansas overtime law, you may be entitled to a wage claim under the Department of Labor, and you can find contact information at the end of this article.
Exemptions under Arkansas Overtime Laws
Minors under the age of 16 cannot receive overtime pay in Arkansas because they are not allowed to work more than 40 hours during even a nonschool week. Exemptions for adults under Arkansas overtime law are mandated by the Fair Labor Standards Act in 29 USC §213. Some of these exemptions under the FLSA and Arkansas overtime law are listed below:
• if the employee is in a bona fide executive, administrative, or professional capacity
• an outside salesman
• any employee in amusement or recreational establishment, organized camp, religious or non-profit education conference center if the business does not operate more than 7 months a year
• any employee employed in catching, taking, propagating, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacean, sponges, or other types of sea life
• any employee in agriculture if they did not work more than 500 man-days or works part of a family farm (referenced in §11-4-211(c) of Arkansas overtime law
• any employee involved with weekly, semiweekly, or daily newspaper circulation
• any switchboard operator
• domestic employees
• criminal investigators
• some computer-related employees
Filing a Wage Claim for Violation of Arkansas Overtime Laws
If an employer has violated an Arkansas overtime law, an employee needs to contact the Arkansas Department of Labor and submit an unpaid overtime claim for the wages you deserve. The office can be reached at (501) 682-4500, and the main office is located at 10421 West Markham, Little Rock, AR 72205.
Before you file a claim for violation of Arkansas overtime law, you’ll want to make sure you’re not exempt from overtime law. For more information on Arkansas overtime laws and the FLSA, you can contact the Department of Labor for such questions.
