(a) (1) Any employer who pays any employee less than the minimum wages, including overtime compensation or compensatory time off as provided by this subchapter, to which the employee is entitled under or by virtue of this subchapter shall:(A) Pay any applicable civil penalties; and(B) Be liable to the employee affected for:(i) The full amount of the wages, less any amount actually paid to the employee by the employer; and(ii) Costs and such reasonable attorney's fees as may be allowed by the court.(2) The employee may be awarded an additional amount up to, but not greater than, the amount under subdivision (a)(1)(B)(i) of this section to be paid as liquidated damages if the employee proves the violation was willful.
(1) Any employer who pays any employee less than the minimum wages, including overtime compensation or compensatory time off as provided by this subchapter, to which the employee is entitled under or by virtue of this subchapter shall:(A) Pay any applicable civil penalties; and(B) Be liable to the employee affected for:(i) The full amount of the wages, less any amount actually paid to the employee by the employer; and(ii) Costs and such reasonable attorney's fees as may be allowed by the court.
(A) Pay any applicable civil penalties; and
(B) Be liable to the employee affected for:(i) The full amount of the wages, less any amount actually paid to the employee by the employer; and(ii) Costs and such reasonable attorney's fees as may be allowed by the court.
(i) The full amount of the wages, less any amount actually paid to the employee by the employer; and
(ii) Costs and such reasonable attorney's fees as may be allowed by the court.
(2) The employee may be awarded an additional amount up to, but not greater than, the amount under subdivision (a)(1)(B)(i) of this section to be paid as liquidated damages if the employee proves the violation was willful.
(b) Any agreement between the employee and employer to work for less than minimum wages shall be no defense to the action.
(c) The venue of the action shall lie in the circuit court of any county in which the services that are the subject of the employment were performed.
(d) (1) The Secretary of the Department of Labor and Licensing or his or her designee shall have the authority to:(A) Fully enforce this subchapter by instituting legal action to recover any wages that he or she determines to be due to employees under this subchapter; and(B) (i) Investigate all complaints filed with the secretary or his or her designee for unpaid wages to determine if this subchapter has been violated.(ii) The assessment period shall be for the two (2) years preceding the filing of the complaint but may be extended through the date the secretary or his or her designee issues a notice of assessment if the secretary or his or her designee determines a violation of this subchapter or any other law or rule the secretary or his or her designee may enforce hindered the secretary or his or her designee's investigation.(iii) (a) The filing of a complaint with the secretary or his or her designee tolls the secretary or his or her designee's statute of limitations until the entry of a final order adjudicating the claim. (b) Notwithstanding subsection (g) of this section, a legal action by the secretary or his or her designee to recover wages, liquidated damages, or civil penalties shall be commenced within one (1) year of the entry of the final order adjudicating the claim.(iv) If a violation of this subchapter or any other law or rule the secretary or his or her designee may enforce prevents the secretary or his or her designee from discovering a valid claim for compensation of an employee, the employee may be joined in the administrative proceeding at any reasonable time before the administrative hearing or a separate notice of assessment may be issued on behalf of the employee.(2) No legal action shall be brought by the secretary or his or her designee until after notice and opportunity for hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and entry of a final administrative order.(3) (A) Following any appeals taken pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the secretary or his or her designee shall be entitled to enforce his or her final administrative order in any court of competent jurisdiction without paying costs or giving bond for costs.(B) The secretary's or his or her designee's findings of fact shall be conclusive in any such proceeding.
(1) The Secretary of the Department of Labor and Licensing or his or her designee shall have the authority to:(A) Fully enforce this subchapter by instituting legal action to recover any wages that he or she determines to be due to employees under this subchapter; and(B) (i) Investigate all complaints filed with the secretary or his or her designee for unpaid wages to determine if this subchapter has been violated.(ii) The assessment period shall be for the two (2) years preceding the filing of the complaint but may be extended through the date the secretary or his or her designee issues a notice of assessment if the secretary or his or her designee determines a violation of this subchapter or any other law or rule the secretary or his or her designee may enforce hindered the secretary or his or her designee's investigation.(iii) (a) The filing of a complaint with the secretary or his or her designee tolls the secretary or his or her designee's statute of limitations until the entry of a final order adjudicating the claim. (b) Notwithstanding subsection (g) of this section, a legal action by the secretary or his or her designee to recover wages, liquidated damages, or civil penalties shall be commenced within one (1) year of the entry of the final order adjudicating the claim.(iv) If a violation of this subchapter or any other law or rule the secretary or his or her designee may enforce prevents the secretary or his or her designee from discovering a valid claim for compensation of an employee, the employee may be joined in the administrative proceeding at any reasonable time before the administrative hearing or a separate notice of assessment may be issued on behalf of the employee.
(A) Fully enforce this subchapter by instituting legal action to recover any wages that he or she determines to be due to employees under this subchapter; and
(B) (i) Investigate all complaints filed with the secretary or his or her designee for unpaid wages to determine if this subchapter has been violated.(ii) The assessment period shall be for the two (2) years preceding the filing of the complaint but may be extended through the date the secretary or his or her designee issues a notice of assessment if the secretary or his or her designee determines a violation of this subchapter or any other law or rule the secretary or his or her designee may enforce hindered the secretary or his or her designee's investigation.(iii) (a) The filing of a complaint with the secretary or his or her designee tolls the secretary or his or her designee's statute of limitations until the entry of a final order adjudicating the claim. (b) Notwithstanding subsection (g) of this section, a legal action by the secretary or his or her designee to recover wages, liquidated damages, or civil penalties shall be commenced within one (1) year of the entry of the final order adjudicating the claim.(iv) If a violation of this subchapter or any other law or rule the secretary or his or her designee may enforce prevents the secretary or his or her designee from discovering a valid claim for compensation of an employee, the employee may be joined in the administrative proceeding at any reasonable time before the administrative hearing or a separate notice of assessment may be issued on behalf of the employee.
(i) Investigate all complaints filed with the secretary or his or her designee for unpaid wages to determine if this subchapter has been violated.
(ii) The assessment period shall be for the two (2) years preceding the filing of the complaint but may be extended through the date the secretary or his or her designee issues a notice of assessment if the secretary or his or her designee determines a violation of this subchapter or any other law or rule the secretary or his or her designee may enforce hindered the secretary or his or her designee's investigation.
(iii) (a) The filing of a complaint with the secretary or his or her designee tolls the secretary or his or her designee's statute of limitations until the entry of a final order adjudicating the claim. (b) Notwithstanding subsection (g) of this section, a legal action by the secretary or his or her designee to recover wages, liquidated damages, or civil penalties shall be commenced within one (1) year of the entry of the final order adjudicating the claim.
(a) The filing of a complaint with the secretary or his or her designee tolls the secretary or his or her designee's statute of limitations until the entry of a final order adjudicating the claim.
(b) Notwithstanding subsection (g) of this section, a legal action by the secretary or his or her designee to recover wages, liquidated damages, or civil penalties shall be commenced within one (1) year of the entry of the final order adjudicating the claim.
(iv) If a violation of this subchapter or any other law or rule the secretary or his or her designee may enforce prevents the secretary or his or her designee from discovering a valid claim for compensation of an employee, the employee may be joined in the administrative proceeding at any reasonable time before the administrative hearing or a separate notice of assessment may be issued on behalf of the employee.
(2) No legal action shall be brought by the secretary or his or her designee until after notice and opportunity for hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and entry of a final administrative order.
(3) (A) Following any appeals taken pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the secretary or his or her designee shall be entitled to enforce his or her final administrative order in any court of competent jurisdiction without paying costs or giving bond for costs.(B) The secretary's or his or her designee's findings of fact shall be conclusive in any such proceeding.
(A) Following any appeals taken pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the secretary or his or her designee shall be entitled to enforce his or her final administrative order in any court of competent jurisdiction without paying costs or giving bond for costs.
(B) The secretary's or his or her designee's findings of fact shall be conclusive in any such proceeding.
(e) (1) An employee may bring an action for equitable and monetary relief against an employer, including the State of Arkansas or a political subdivision of the state, if the employer pays the employee less than the minimum wages, including overtime wages, to which the employee is entitled under or by virtue of this subchapter.(2) If the employee brings an action under this subsection, then any complaint before the secretary or his or her designee by the employee on the same matter shall be dismissed with respect to that employee.(3) (A) The employee shall not be required to exhaust administrative remedies before bringing an action.(B) There shall be no procedural, pleading, or burden of proof requirements beyond those that apply generally to civil suits in order to maintain the action.(4) An employee shall not become a party plaintiff to an action under subdivision (e)(1) of this section unless he or she gives consent in writing to become a party to the action and files the consent in the court in which the action is brought.
(1) An employee may bring an action for equitable and monetary relief against an employer, including the State of Arkansas or a political subdivision of the state, if the employer pays the employee less than the minimum wages, including overtime wages, to which the employee is entitled under or by virtue of this subchapter.
(2) If the employee brings an action under this subsection, then any complaint before the secretary or his or her designee by the employee on the same matter shall be dismissed with respect to that employee.
(3) (A) The employee shall not be required to exhaust administrative remedies before bringing an action.(B) There shall be no procedural, pleading, or burden of proof requirements beyond those that apply generally to civil suits in order to maintain the action.
(A) The employee shall not be required to exhaust administrative remedies before bringing an action.
(B) There shall be no procedural, pleading, or burden of proof requirements beyond those that apply generally to civil suits in order to maintain the action.
(4) An employee shall not become a party plaintiff to an action under subdivision (e)(1) of this section unless he or she gives consent in writing to become a party to the action and files the consent in the court in which the action is brought.
(f) When construing this subchapter, a court may look for guidance to state and federal decisions interpreting the Fair Labor Standards Act of 1938, as amended and codified in 29 U.S.C. § 201 et seq., as it existed on January 1, 2017, which decisions and act shall have persuasive authority only.
(g) The statute of limitations for causes of action under this subchapter is two (2) years.