Arkansas Administrative Code

11 CAR § 11-103. Rules incorporated by reference. (a)(1) Throughout this part, the Division of Labor has adopted by reference and incorporated herein certain sections or parts of the Code of Federal Regulations (C.F.R.) or the United States Code (U.S.C.). (2) In all cases, refere…

11 CAR § 11-1101. Employee claims. (a)(1) An employee may file a claim with the Director of the Division of Labor charging that an employer has violated Arkansas Code § 11-4-210 or § 11-4-211 with respect to minimum wage and overtime as to the complaining employee or other person…

11 CAR § 11-1102. Notice of assessment. (a) Whenever the Manager of the Labor Standards Section determines that there has been a violation of the Minimum Wage Act of the State of Arkansas, Arkansas Code § 11-4-201 et seq., or this part, the manager shall issue a notice of assessm…

11 CAR § 11-1103. Civil money penalties. (a) The Manager of the Labor Standards Section may issue a civil money penalty for the following: (1) Willfully hindering or delaying an investigation under the Minimum Wage Act of the State of Arkansas, Arkansas Code § 11-4-201 et seq., o…

11 CAR § 11-1104. Liquidated damages. (a) The Manager of the Labor Standards Section may assess liquidated damages to be paid an employee in an amount up to but not greater than the back wages assessed on behalf of the employee. (b) Liquidated damages shall be assessed only for w…

11 CAR § 11-1105. Contesting an assessment. (a) An employer may contest an assessment made by the Manager of the Labor Standards Section by filing a written request for a hearing with the: Director of the Division of Labor 900 West Capitol, Suite 400 Little Rock, AR 72201 (b) The…

11 CAR § 11-1201. Reliance on federal interpretations and precedent. The Division of Labor may rely on the interpretations of the United States Department of Labor and federal precedent established under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., in interpreting and a…

11 CAR § 11-1301. Severability and precedence. (a) All previous rules of the Division of Labor regarding the Minimum Wage Act of the State of Arkansas, Arkansas Code § 11-4-201 et seq., are hereby repealed. (b) If any provisions of this part or their application to any person or …

11 CAR § 11-201. General requirements. (a) Every employer shall maintain and preserve payroll or other records which are true and accurate, and which contain the following information and data for each employee: (1) Name in full, as used for Social Security recordkeeping purposes…

11 CAR § 11-202. Special circumstances. (a) Exempt from minimum wage and overtime. With respect to employees exempt from both the minimum wage and overtime provisions of the Minimum Wage Act of the State of Arkansas, Arkansas Code § 11-4-201 et seq., an employer shall maintain an…

11 CAR § 11-203. Recording working time. (a) Differences between clock records and actual hours worked. (1) Time clocks are not required. (2)(A) In those cases where time clocks are used, employees who voluntarily come in before their regular starting time or remain after their c…

11 CAR § 11-301. Conditions of employment. (a) An employer may pay a full-time student a sub-minimum wage of not less than eighty-five percent (85%) of the applicable minimum wage rate, provided the following conditions are met: (1) The employer has, in advance of employment at l…

11 CAR § 11-302. Full-time student certificates. (a) An application for a full-time student certificate shall be made on a form approved by the Division of Labor and shall require submission of verification from an accredited institution of education within the State of Arkansas …

11 CAR § 11-401. Student learners, learners, and apprentices. An employer may employ a learner, a student learner, or an apprentice at a sub-minimum wage, provided: (1) For learners and apprentices, the employer: (A) Has current and valid certification from the United States Depa…

11 CAR § 11-501. Workers with disabilities. A worker with a disability may be employed at a special minimum wage rate pursuant to Arkansas Code § 11-4-214, by obtaining either certification and authorization for such employment from: (1) The United States Department of Labor; or …

11 CAR § 11-502. Federal certification. A worker with a disability may be employed at a special minimum wage rate pursuant to a special certificate issued for workers with disabilities by the United States Department of Labor pursuant to 29 C.F.R. pt. 525, provided the worker wit…

11 CAR § 11-503. State certification. The Division of Labor will issue a state certificate of authorization to employ a worker with a disability at a special minimum wage rate under the same terms and conditions as the United States Department of Labor and for such purpose the pr…

11 CAR § 11-601. Employer coverage and exemption from minimum wage and overtime. (a)(1) The Minimum Wage Act of the State of Arkansas, Arkansas Code § 11-4-201 et seq., defines “employer” to include “any individual, partnership, association, corporation, business trust, the state…

11 CAR § 11-602. Employee exemptions from minimum wage and overtime. (a)(1) The Minimum Wage Act of the State of Arkansas, Arkansas Code § 11-4-201 et seq., does not apply to any individual employed in a bona fide executive, administrative, or professional capacity or as an outsi…

11 CAR § 11-603. Employee exemptions from overtime only. (a) The following employees are exempt from the overtime provisions of Arkansas Code§ 11-4-211(a): (1) Any employee of an agricultural employer; (2) Any employee with respect to whom the United States Secretary of Transport…

11 CAR § 11-604. Partial overtime exemptions — Public agencies. (a) In lieu of overtime compensation, Arkansas Code § 11-4-211(f) provides that the state or any political subdivision of the state may award compensatory time off at a rate of not less than one and one-half (1 1/2) …

11 CAR § 11-701. Generally. (a)(1) Payment of wages for minimum wage or overtime shall be made in currency, check drawn on an account with sufficient funds, or by electronic deposit into an employee’s account in compliance with Arkansas Code § 11-4-402. (2) Payment may also be ma…

11 CAR § 11-702. Deductions from minimum wage. (a) An employer may not make deductions from the minimum wage and overtime wages required by Arkansas Code §§ 11-4-210 and 14-2-211 except: (1) Those authorized by this part; (2) Deductions authorized or required by law; and (3) Dedu…

11 CAR § 11-703. Payments to third persons. (a) Taxes. (1) Taxes which are assessed against the employee and which are collected by the employer and forwarded to the appropriate governmental agency are included as wages paid to the employee. (2) No deduction may be made for any t…

11 CAR § 11-704. Allowance for board, lodging, apparel, or other items and services. (a)(1) 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 ben…

11 CAR § 11-705. Tipped employees. (a)(1) Every employer of an employee engaged in an 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 gratui…

11 CAR § 11-706. Effect of collective bargaining agreements. Allowances as part payment of the applicable minimum wage for gratuities, board, lodging, apparel, or other items and services shall not be permitted to the extent such deductions from cash wages are not permitted under…

11 CAR § 11-801. Employees suffered or permitted to work. (a)(1) Work not requested but suffered or permitted is work time. (2) For example, an employee may voluntarily continue to work at the end of the shift. (A) He or she may: (i) Be a pieceworker; (ii) Desire to finish an ass…

11 CAR § 11-802. Waiting time. (a) Generally. (1) Whether waiting time is time worked under the Minimum Wage Act of the State of Arkansas, Arkansas Code § 11-4-201 et seq., depends upon particular circumstances. (2) The determination involves: (A) A scrutiny and construction of t…

11 CAR § 11-803. Rest and meal periods. (a)(1) Rest periods of short duration, running from five (5) minutes to about twenty (20) minutes, are common in industry. (2) They promote the efficiency of the employee and are customarily paid for as working time. (3) They must be counte…

11 CAR § 11-804. Sleeping time and certain other activities. (a) Under certain conditions, an employee is considered to be working even though some of his or her time is spent in sleeping or in certain other activities. (b) Less than twenty-four-hour duty. (1) An employee who is …

11 CAR § 11-805. Lectures, meetings, and training programs. Attendance at lectures, meetings, training programs, and similar activities need not be counted as working time if the following four (4) criteria are met: (1) Attendance is outside of the employee's regular working hour…

11 CAR § 11-806. Travel time. (a) Home-to-work in an ordinary situation. (1) An employee who travels from home before his or her regular workday and returns to his or her home at the end of the workday is engaged in ordinary home-to-work travel which is a normal incident of emplo…

11 CAR § 11-901. Determining and calculating overtime pay. For the purposes of determining and calculating overtime pay requirements and what constitutes an employee’s regular rate of pay, the Division of Labor adopts and incorporates herein the provisions of 29 C.F.R. § 778 as a…

11 CAR § 11-902. Hospitals and residential care facilities. Hospitals and residential care facilities shall be deemed in compliance with Arkansas Code § 11-4-211 provided they comply with the provisions for computing overtime pursuant to 29 U.S.C. § 207(j) and 29 C.F.R. § 778.601…

11 CAR § 11-903. Local enterprise engaged in the wholesale or bulk distribution of petroleum products. An independently owned and controlled local enterprise engaged in the wholesale or bulk distribution of petroleum products shall be deemed in compliance with Arkansas Code § 11-…

11 CAR § 11-904. Employers subject to collective bargaining agreement covered by 29 U.S.C. § 207(b). Employers subject to a collective bargaining agreement covered by 29 U.S.C. § 207(b) shall be deemed in compliance with Arkansas Code § 11-4-211, provided they comply with the pro…

11 CAR § 11-905. Employment necessitating irregular hours of work. Employers who pay overtime for work covered by the provisions of 29 U.S.C. § 207(f), shall be deemed in compliance with Arkansas Code § 11-4-211, provided they comply with the provisions of 29 U.S.C. § 207(f) and …

11 CAR § 11-906. Employment at piece rates. Employers who pay on a piece-rate basis for overtime pursuant to the provisions of 29 U.S.C. § 207(g), shall be deemed in compliance with Arkansas Code § 11-4-211 provided they comply with the provisions of 29 U.S.C. § 207(g) and 29 C.F…

11 CAR § 11-907. Retail or service establishment whose employees are compensated principally by commissions. Retail or service establishments shall be deemed in compliance with Arkansas Code § 11-4-211, provided they comply with the provisions of 29 U.S.C. § 207(i) and 29 C.F.R. …

11 CAR § 12-101. Definitions. As used in this part: (1) "Child" or "children" means any person under the age of seventeen (17) years, unless more narrowly defined within the context of a specific rule; (2) "Department" means the Department of Labor and Licensing; (3) "Director" m…

11 CAR § 12-102. Minimum age standards. (a) No child sixteen (16) years of age shall be subject to this part if the child: (1) Is a graduate of any: (A) High school; (B) Vocational school; or (C) Technical school; or (2) Is married; or (3) Is a parent. (b) No child under the age …

11 CAR § 12-301. Hazardous occupations generally. (a) Arkansas Code §§ 11-6-105 – 11-6-107 provide that children under sixteen (16) years shall not be employed and shall not be permitted to work in certain enumerated occupations found by the General Assembly to be hazardous, spec…

11 CAR § 12-302. Occupations in retail, food service, and gasoline service establishments. (a) The following occupations are permissible for the employment of children fourteen (14) and fifteen (15) years of age, provided there is compliance with the hour restrictions provided in…

11 CAR § 12-303. Occupations in agriculture. (a) The following occupations in agriculture are particularly hazardous for the employment of children below the age of sixteen (16): (1) Operating a tractor of over twenty power take-off (20 PTO) horsepower, or connecting or disconnec…

11 CAR § 12-304. Work experience and career exploration programs. (a)(1) This section creates an exception to the application of some of the hazardous occupations provisions of this subpart to the employment of children under sixteen (16) years of age who are enrolled in and empl…

11 CAR § 12-305. Studies and investigations — Reports. (a)(1) The Director of the Division of Labor shall be assisted by the Labor Standards Section of the Division of Labor in making studies and investigations to discover the occupations which are sufficiently dangerous to life …

11 CAR § 12-401. Definitions. As used in this subpart: (1) "Child" means any minor under sixteen (16) years of age; (2) "Department" means the Department of Labor and Licensing; (3) "Director" means the Director of the Division of Labor, Department of Labor and Licensing; (4) "Em…

11 CAR § 12-402. Entertainment work permit. (a)(1) No child may be employed in the entertainment industry without an entertainment work permit issued by the Director of the Division of Labor. (2) No entertainment work permit shall be issued without the following: (A) An applicati…

11 CAR § 12-403. Hours and rest time. (a) No child shall be permitted at the place of employment, except in compliance with the following: (1)(A) Children who have reached the age of fifteen (15) days but have not reached the age of six (6) months may be at the place of employmen…