Instructions For Notice To Employer & Employee printable pdf download

ARKANSAS DEPARTMENT OF LABOR

NOTICE

to employer & employee

deductions which are not otherwise prohibited and

up to but not greater than the amount of wages found

MINIMUM WAGE

which are for the employee's benefit may be made if

to be due, to be paid as liquidated damages.

authorized in writing by the employee.

All employees covered by Arkansas Code 11-4-202 to

CHILD LABOR

11-4-219 must be paid a minimum wage of at least:

KEEPING OF RECORDS

State law regulates the employment of minors under

$5.15

an hour effective October 1, 1997 with an

the age of 18 and, generally, requires children under

allowance for gratuities not to exceed 50% of

All employers subject to the Minimum Wage Law

the age of 16 to have employment certificates.

the minimum wage.

must keep accurate records for a period of three (3)

Employment certificates for children ages 14 and 15

$6.25

an hour effective October 1, 2006 with an

years.

These records must include the name,

are not required for seasonal agricultural laborers,

allowance for gratuities not to exceed $3.62

address, occupation, rate of pay, hours worked and

newspaper carriers, or batboys of professional

per hour.

the amount paid each pay period for all employees

baseball clubs, or sports referees.

covered by the law. In addition, every employer who

COVERAGE

Special provisions govern the employment of children

claims an allowance for tips, board, lodging, apparel

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.

EQUAL PAY ACT

Children under 14 may not be employed except in the

*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

STUDENT RATE

Children who are 16 and 17 years of age

for comparable work. Provided, however, that nothing

may not work:

Any full-time student attending any accredited

in this Act shall prohibit a variation in rates of pay

*More than 10 consecutive hours in any one

institution of education within the State of Arkansas,

based upon a difference in seniority, experience,

day; no more than ten 10 hours in a twenty-four hour

and who is employed to work an amount not to

training, skill, ability, or difference in duties and

period.

exceed twenty (20) hours during weeks that school is

services performed, or difference in the shift or time of

*More than 6 days a week.

in session or forty (40) hours during weeks when

the

day

worked,

any

other

reasonable

*More than 54 hours a week.

school is not in session, such rate of wage shall be

differentiation except difference in sex.

Every

*Before 6:00 a.m. nor after 11:00 p.m.

equal to not less than eighty-five (85%) of the

employer shall keep and maintain records of the

except that the limitations of 6:00 a.m. and 11:00 p.m.

applicable minimum

wage provided a Student

salaries and wage rates, job classifications and other

shall not apply to children 16 and 17 years of age

Certificate of Eligibility is obtained from the Arkansas

terms and conditions of employment of the persons

employed on nights preceding non-school days in

Department of Labor. Student workers subject to the

employed by him and such records shall be preserved

occupations determined by rule of the Arkansas

85% provision of the applicable minimum wage rate

for a period of three (3) years.

Department of Labor to be sufficiently safe for their

and a gratuity allowance shall not be paid less than

employment. Provided, however, that no boy or girl

PENALTIES

the base wage guaranteed any other employee

between the ages of 16 and 18 shall be subject to the

subject to a gratuity allowance.

Any employer who willfully hinders or delays the

provisions of this Act if:

Director or his authorized representative in the

(a)

such boy or girl is a graduate of any

HANDICAPPED WORKERS

performance of his duties in the enforcement of these

high school, vocational school or technical school;

The

Director

has

established

procedures

for

statutes or otherwise willfully violates any provision of

(b)

such boy or girl is married or is a

employment of these workers. For further information

these statutes or of any regulation issued under it

parent.

contact the Department of Labor.

shall be deemed in violation of the Minimum Wage

Act 647 of 1987 allows for the employment of children

Law and shall be subject to a civil penalty of not less

in the entertainment industry provided the child is

STUDENT-LEARNERS

than fifty dollars ($50.00) and not more than one

issued an Entertainment Work Permit by the Director

A "Student-Learner" is a person who is receiving

thousand dollars ($1,000.00) for each violation. For

of Labor. Child labor violations result in a civil money

regular instructions in an accredited school and who

the purpose of this subsection, each such violation

penalty of not less than $50.00 and not more than

is employed on a part-time basis in a bona fide

shall constitute a separate offense.

Any employer

$1,000.00 for each violation.

training program. For further information contact the

who willfully discharges or in any other manner

Department of Labor.

willfully discriminates against any employee because

IF YOU HAVE QUESTIONS CONCERNING

such employee has made any complaint to his

THE ARKANSAS MINIMUM WAGE LAW,

OVERTIME PAY

employer, to the Director of Labor, or his authorized

TELEPHONE 682-4505.

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

one and one-half times the regular hourly rate of pay

WAGE COLLECTION ACT

statutes, or because such employee has caused to be

for hours worked in excess of 40 hours in a

instituted or is about to cause to be instituted any

The Wage Collection Act provides assistance to any

workweek.

This overtime provision shall not be

proceeding under or related to these statutes, or

employee in the collection of wages due him or her for

applicable with respect to employers with less than 4

because such employee has testified or is about to

work performed. Work performed shall include all or

employees, or agricultural employees.

testify in any such proceeding shall be deemed in

any work or service performed by any person

violation of the Minimum Wage Law and shall be

WORKWEEK

employed for any period of time where the wages or

subject to a civil penalty of not less than fifty dollars

salary or remunerations for such work or services are

workweek is a regularly recurring period of

($50.00) and not more than one thousand dollars

to be paid at stated intervals or at the termination of

168 hours in the form of seven consecutive 24-hour

($1,000.00) for each violation. For the purpose of this

such employment, or for physical work actually

periods.

section, each day the violation continues

shall

performed by an independent contractor, provided

constitute a separate offense.

In addition to the

that the amount in controversy does not exceed the

ENFORCEMENT

civil penalty, the Director of Labor is authorized to

sum of two thousand dollars ($2,000.00). Employees

Powers of the Director of Labor:

petition any court of competent jurisdiction to enjoin or

who need help in collecting wages due them should

The Director or his representatives have the authority

restrain any person, firm, corporation, partnership, or

contact the Arkansas Labor Department. Telephone

to:

association who violates the provision of these

682-4510.

(a)

enter and inspect any place of employment

statutes or any regulation.

in the State to examine books, payrolls, and

THIS POSTER CONTAINS

records having to do with wages and hours.

EMPLOYEES REMEDIES

ONLY A SUMMARY

He may copy these records if necessary and

The Director of Labor may enforce Arkansas

Copies of the c omplete law s a nd re gulations a re

may question any employees to find out if

minimum wage law by instituting legal action to

available from the Department of Labor.

the law is being obeyed.

recover any wages due. An employee may bring an

(b)

require written or sworn statements from an

action for equitable and monetary relief against an

ARKANSAS DEPARTMENT OF LABOR

employer about his employees' earnings and

employer, including the State of Arkansas or a

10421 WEST MARKHAM STREET

hours of work.

political subdivision of the state, if the employer pays

LITTLE ROCK, ARKANSAS 72205

(c)

enforce all regulations issued thereunder.

the employee less than the minimum wages, including

PHONE (501) 682-4500

overtime wages, to which the employee is entitled.

DEDUCTIONS FROM

FAX (501) 682-4506

The employee shall not be required to exhaust

THE MINIMUM WAGE

TDD (800) 285-1131

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

or by regulations of the Director of Labor, however,

employee may also be awarded an additional amount

EMPLOYERS SUBJECT TO THE MINIMUM WAGE ACT ARE REQUIRED TO POST THIS NOTICE IN A CONSPICUOUS PLACE FOR ALL EMPLOYEES.

12/2009

Instructions For Notice To Employer & Employee

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