Form Dws-Ark-237 - Notice To Employer And Employee
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4ARKANSAS DEPARTMENT OF LABOR
NOTICE
to employer & employee
MINIMUM WAGE
or by regulations of the Director of Labor, however,
employee may also be awarded an additional amount
deductions which are not otherwise prohibited and
up to but not greater than the amount of wages found
All employees covered by Arkansas Code 11-4-202 to
which are for the employee's benefit may be made if
to be due, to be paid as liquidated damages.
11-4-220 must be paid a minimum wage of at least:
authorized in writing by the employee.
$7.50
an hour effective January 1, 2015 with an
CHILD LABOR
allowance for gratuities not to exceed $4.87
KEEPING OF RECORDS
State law regulates the employment of minors under
per hour.
the age of 17 and, generally, requires children under
All employers subject to the Minimum Wage Law
$8.00
an hour effective January 1, 2016 with an
the age of 16 to have employment certificates.
must keep accurate records for a period of three (3)
allowance for gratuities not to exceed $5.37
Employment certificates for children ages 14 and 15
years.
These records must include the name,
per hour.
are not required for seasonal agricultural laborers,
address, occupation, rate of pay, hours worked and
$8.50
an hour effective January 1, 2017 with an
newspaper carriers, or batboys of professional
the amount paid each pay period for all employees
allowance for gratuities not to exceed $5.87
baseball clubs, or sports referees.
covered by the law. In addition, every employer who
per hour.
Special provisions govern the employment of children
claims an allowance for tips, board, lodging, apparel
COVERAGE
in the entertainment industry, otherwise, children who
or other items or services as part of the applicable
The Arkansas Minimum Wage applies to an employer
are 14 and 15 years of age may not work:
minimum wage rate, must maintain daily records
of four (4) or more persons.
*More than 8 hours a day.
showing for each employee the amounts claimed as
All employees of the above employers are covered
*More than 6 days a week.
allowances and must maintain records which will
except:
*More than 48 hours a week.
substantiate the amount of tips actually received by
*Executive, administrative or professional employees.
*Before 6:00 a.m. nor after 7:00 p.m.
the employee or the employer's reasonable cost in
*Outside commission-paid salesmen.
except on nights preceding non-school days,
supplying items or services to the employee.
*Students whose work is a part of a bona fide
such children may work until 9:00 p.m.
vocational training program.
Children under 14 may not be employed except in the
EQUAL PAY ACT
*Students who work in the schools they are attending.
entertainment industry, as newspaper carriers, bat
*Some farm laborers.
No employer in the State of Arkansas shall
boys or bat girls of professional baseball clubs, sports
*Independent contractors.
discriminate in the payment of wages as between the
referees, to hand harvest short season crops, or by
*Employees of the United States.
sexes or shall pay any female in his employ, salary or
their parents or guardians during school vacation.
wage rate less than the rates paid to male employees
Children who are 16 years of age may not
STUDENT RATE
for comparable work. Provided, however, that nothing
work:
in this Act shall prohibit a variation in rates of pay
Any full-time student attending any accredited
*More than 10 consecutive hours in any one
based upon a difference in seniority, experience,
institution of education within the State of Arkansas,
day; no more than ten 10 hours in a twenty-four hour
training, skill, ability, or difference in duties and
and who is employed to work an amount not to
period.
services performed, or difference in the shift or time of
exceed twenty (20) hours during weeks that school is
*More than 6 days a week.
the
day
worked,
or
any
other
reasonable
in session or forty (40) hours during weeks when
*More than 54 hours a week.
differentiation except difference in sex.
Every
school is not in session, such rate of wage shall be
*Before 6:00 a.m. nor after 11:00 p.m.
employer shall keep and maintain records of the
equal to not less than eighty-five (85%) of the
except that the limitations of 6:00 a.m. and 11:00 p.m.
salaries and wage rates, job classifications and other
applicable minimum wage provided a Student
shall not apply to children 16 years of age employed
terms and conditions of employment of the persons
Certificate of Eligibility is obtained from the Arkansas
on nights preceding non-school days in occupations
employed by him and such records shall be preserved
Department of Labor. Student workers subject to the
determined by rule of the Arkansas Department of
for a period of three (3) years.
85% provision of the applicable minimum wage rate
Labor to be sufficiently safe for their employment. No
and a gratuity allowance shall not be paid less than
16-year old shall be subject to the provisions of this
the base wage guaranteed any other employee
PENALTIES
Act if:
subject to a gratuity allowance.
Any employer who willfully hinders or delays the
(a)
such boy or girl is a graduate of any
Director or his authorized representative in the
high school, vocational school or technical school;
HANDICAPPED WORKERS
performance of his duties in the enforcement of these
(b)
such boy or girl is married or is a
The
Director
has
established
procedures
for
statutes or otherwise willfully violates any provision of
parent.
employment of these workers. For further information
these statutes or of any regulation issued under it
Act 647 of 1987 allows for the employment of children
contact the Department of Labor.
shall be deemed in violation of the Minimum Wage
in the entertainment industry provided the child is
Law and shall be subject to a civil penalty of not less
issued an Entertainment Work Permit by the Director
STUDENT-LEARNERS
than fifty dollars ($50.00) and not more than one
of Labor. Child labor violations result in a civil money
thousand dollars ($1,000.00) for each violation. For
A "Student-Learner" is a person who is receiving
penalty of not less than $50.00 and not more than
the purpose of this subsection, each such violation
regular instructions in an accredited school and who
$1,000.00 for each violation.
shall constitute a separate offense.
Any employer
is employed on a part-time basis in a bona fide
who willfully discharges or in any other manner
training program. For further information contact the
IF YOU HAVE QUESTIONS CONCERNING
willfully discriminates against any employee because
Department of Labor.
THE ARKANSAS MINIMUM WAGE LAW,
such employee has made any complaint to his
TELEPHONE 682-4505.
employer, to the Director of Labor, or his authorized
OVERTIME PAY
representative that he has not been paid minimum
Overtime compensation must be paid at the rate of
wages in accordance with the provisions of these
WAGE COLLECTION ACT
one and one-half times the regular hourly rate of pay
statutes, or because such employee has caused to be
The Wage Collection Act provides assistance to any
for hours worked in excess of 40 hours in a
instituted or is about to cause to be instituted any
employee in the collection of wages due him or her for
workweek.
This overtime provision shall not be
proceeding under or related to these statutes, or
work performed. Work performed shall include all or
applicable with respect to employers with less than 4
because such employee has testified or is about to
any work or service performed by any person
employees, or agricultural employees.
testify in any such proceeding shall be deemed in
employed for any period of time where the wages or
violation of the Minimum Wage Law and shall be
salary or remunerations for such work or services are
WORKWEEK
subject to a civil penalty of not less than fifty dollars
to be paid at stated intervals or at the termination of
A
workweek is a regularly recurring period of
($50.00) and not more than one thousand dollars
such employment, or for physical work actually
168 hours in the form of seven consecutive 24-hour
($1,000.00) for each violation. For the purpose of this
performed by an independent contractor, provided
periods.
section, each day the violation continues
shall
that the amount in controversy does not exceed the
constitute a separate offense.
In addition to the
sum of two thousand dollars ($2,000.00). Employees
ENFORCEMENT
civil penalty, the Director of Labor is authorized to
who need help in collecting wages due them should
Powers of the Director of Labor:
petition any court of competent jurisdiction to enjoin or
contact the Arkansas Labor Department. Telephone
The Director or his representatives have the authority
restrain any person, firm, corporation, partnership, or
682-4510.
to:
association who violates the provision of these
(a)
enter and inspect any place of employment
statutes or any regulation.
THIS POSTER CONTAINS
in the State to examine books, payrolls, and
ONLY A SUMMARY
records having to do with wages and hours.
EMPLOYEES REMEDIES
Copies of the complete laws and regulations are
He may copy these records if necessary and
The Director of Labor may enforce Arkansas
available from the Department of Labor.
may question any employees to find out if
minimum wage law by instituting legal action to
the law is being obeyed.
recover any wages due. An employee may bring an
ARKANSAS DEPARTMENT OF LABOR
(b)
require written or sworn statements from an
action for equitable and monetary relief against an
10421 WEST MARKHAM STREET
employer about his employees' earnings and
employer, including the State of Arkansas or a
hours of work.
LITTLE ROCK, ARKANSAS 72205
political subdivision of the state, if the employer pays
(c)
enforce all regulations issued thereunder.
PHONE (501) 682-4500
the employee less than the minimum wages, including
FAX (501) 682-4506
overtime wages, to which the employee is entitled.
DEDUCTIONS FROM
The employee shall not be required to exhaust
TDD (800) 285-1131
THE MINIMUM WAGE
administrative remedies before bringing an action. An
No deduction from the applicable minimum wage may
employee may recover the full amount of wages due
be made except those authorized or required by law
plus costs and a reasonable attorney’s fee. The
EMPLOYERS SUBJECT TO THE MINIMUM WAGE ACT ARE REQUIRED TO POST THIS NOTICE IN A CONSPICUOUS PLACE FOR ALL EMPLOYEES.
2/26/2015
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