Title 11 — Labor and Industrial Relations

This subchapter shall be known and may be cited as the “Empower Independent Contractors Act of 2019”.

The purpose of this subchapter is to help employers create jobs, help individuals return to work and no longer need public assistance, and grow the economy.

As used in this title, “employment status” means the status of an individual as an employee or independent contractor for employment purposes, including without limitation wages, taxation, and workers' compensation issues.

For purposes of this title, an employer or agency charged with determining the employment status of an individual shall use the factors enumerated by the Internal Revenue Service in 26 C.F.R. § 31.3121(d)-1, as it existed on January 1, 2025, in making its determination.

The purpose of the Division of Labor shall be to foster, promote, and develop the welfare of the wage earners of Arkansas, to improve their working conditions, and to advance their opportunities for profitable employment.

(1) When used in this subchapter, unless the context otherwise requires:(1) (A) “Employer” includes every person, firm, corporation, partnership, stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of empl…

This subchapter shall not apply to mines and mining or the mining industry.

(a) Any employer or owner who violates or fails or refuses to comply with any provision of this subchapter, any lawful order of the Secretary of the Department of Labor and Licensing or his or her designee, or any judgment or decree made by any court in connection with the provis…

(a) (1) It shall be the duty of the Attorney General and the several prosecuting attorneys, upon request of the Secretary of the Department of Labor and Licensing or his or her designee, or any of his or her authorized representatives, to prosecute any violation of the law that i…

A.C.A. § 11-2-106Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

A.C.A. § 11-2-107Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(1) In addition to such other duties and powers as may be conferred upon him or her by law, the Secretary of the Department of Labor and Licensing or his or her designee shall have the power, jurisdiction, and authority:(1) To enforce all labor laws in the State of Arkansas, the …

(a) In addition to such other duties and powers as may be conferred upon him or her by law, the Secretary of the Department of Labor and Licensing or his or her designee shall have the power, jurisdiction, and authority:(1) (A) To intervene or authorize his or her representative …

(a) In addition to such other powers and duties as may be conferred upon him or her by law, the Secretary of the Department of Labor and Licensing or his or her designee shall have the power to make, modify, and repeal reasonable rules for the prevention of accidents or industria…

(a) The Secretary of the Department of Labor and Licensing is authorized to appoint a deputy director, a secretary, the heads of divisions, and such other employees as may be necessary. He or she is authorized to assign them to their duties and recommend to the General Assembly t…

(a) Before any rule is adopted, amended, or repealed, there shall be a public hearing thereon, notice of which shall be published at least once and not less than ten (10) days prior to the public hearing in such newspaper as the Secretary of the Department of Labor and Licensing …

(a) If there shall be practical difficulties or unnecessary hardships in carrying out a rule of the Secretary of the Department of Labor and Licensing or his or her designee, the secretary or his or her designee may, after public hearing, make a variation from such requirement if…

(a) (1) Any person aggrieved by a rule of the Secretary of the Department of Labor and Licensing or his or her designee made pursuant to § 11-2-112 may commence an action in the Pulaski County Circuit Court against the Division of Labor, as defendant, to set aside the rule on the…

(a) (1) Every employer or owner shall furnish to the Secretary of the Department of Labor and Licensing or his or her designee any information that the secretary or his or her designee is authorized to require and shall make true and specific answers to all questions, whether sub…

(a) The Secretary of the Department of Labor and Licensing and his or her authorized representatives shall have the power and authority to enter any place of employment, place of public assembly, or public building for the purpose of collecting facts and statistics relating to th…

(a) Every employer shall furnish employment that is safe for the employees therein and shall furnish and use safety devices and safeguards. The employer shall adopt and use methods and processes reasonably adequate to render such an employment and place of employment safe and sha…

(a) The Secretary of the Department of Labor and Licensing and any officer of the Department of Labor and Licensing designated by the secretary, in the performance of any duty or the execution of any power prescribed by law, shall have the power to administer oaths, certify to of…

Any employer or owner who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statements or false evidence, under oath, to the Secretary of the Department of Labor and Licensing or his or her authorized representatives shall be deemed …

A.C.A. § 11-2-120Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) The Secretary of the Department of Labor and Licensing or his or her designee is authorized to enter into agreements with the United States Government and any and all other state governments for assistance and cooperation in enforcing and implementing state and federal laws a…

(a) Any employer or owner who does make available any health benefits to employees, excluding workers' compensation, shall inform and notify the employees of the nature of those benefits as to those benefits being self-insured, fully insured, or Employee Retirement Income Securit…

(a) In order to help facilitate the restoration of an ex-offender's responsibility and self-sufficiency, the Division of Labor shall work in conjunction with other appropriate state agencies, the private sector, and labor organizations to promulgate rules for implementing placeme…

(a) As used in this section:(1) “Employee” means an individual who provides services or labor for wages or other remuneration for an employer;(2) “Employer” means a person or entity engaged in business, an industry, a profession, a trade, or other enterprise in the state or a uni…

(a) As used in this section:(1) “Franchise” means a continuing commercial relationship or arrangement in which the terms of the offer or contract specify or the franchise seller promises or represents, orally or in writing, that:(A) The franchisee shall obtain the right to operat…

(a) (1) The Department of Labor and Licensing, in consultation with the Department of Veterans Affairs, shall create and distribute a veterans' benefits and services poster to employers.(2) The poster created under subdivision (a)(1) of this section shall include without limitati…

This subchapter may be cited as the “Arkansas Mediation and Conciliation Service Nondisclosure Act”.

It is declared to be the public policy of the State of Arkansas that the successful effectuation of the mission of the Arkansas Mediation and Conciliation Service requires that its mediators and employees maintain a reputation for impartiality and integrity. Labor and management …

For the purpose of this subchapter, unless the context otherwise requires, the term “person” means one (1) or more individuals, joint ventures, partnerships, associations, corporations, states, municipalities, business trusts, legal representatives, or any organized group of empl…

(a) All files, reports, letters, memoranda, minutes, documents, or other papers in the official custody of the Arkansas Mediation and Conciliation Service or any of its employees, or any other information, whether written or not, obtained in the course of any employee's official …

(a) No officer, employee, former employee, or other person officially connected or formerly officially connected to the Arkansas Mediation and Conciliation Service shall produce or present any confidential records of the service or testify in behalf of any party to any cause pend…

(a) (1) The mediator or the Secretary of the Department of Labor and Licensing on his or her behalf or the Attorney General on his or her behalf may obtain a review of the order requiring him or her to testify.(2) The review may be obtained by filing in the Supreme Court, within …

(a) (1) Any person, firm, or corporation soliciting advertising in the State of Arkansas in the name of, on behalf of, or claiming to represent bona fide labor organizations shall, prior to the soliciting thereof, file with the Secretary of State a surety bond in the sum of five …

(a) If any person shall interfere with, entice away, knowingly employ, or induce a laborer who has contracted with another person for a specified time to leave his or her employer before the expiration of his or her contract without the consent of the employer, then, upon convict…

(a) (1) In this state, every person who shall send or deliver, make or cause to be made for the purpose of being delivered or sent, part with the possession of any paper, letter, or writing, with or without a name signed thereto, sign with a fictitious name, or with any letter, m…

(a) (1) It is unlawful for any person, partnership, association, or corporation, either for himself or herself or in a representative or fiduciary capacity, to require any employee or applicant for employment, as a condition of employment or continued employment, to submit to or …

(a) (1) A current or former employer may disclose the following information about a current or former employee's employment history to a prospective employer of the current or former employee upon receipt of written consent from the current or former employee:(A) Date and duratio…

(a) As used in this section:(1) “Bone marrow donor” means a person from whose body bone marrow is taken to be transferred to the body of another person;(2) “Organ” means a human organ that is capable of being transferred from the body of a person to the body of another person, in…

Upon the request of an employee or an applicant for employment, an employer that receives background check information regarding an employee or an applicant for employment shall provide a copy of the background check information to the employee or applicant for employment.

Freedom of organized labor to bargain collectively and freedom of unorganized labor to bargain individually is declared to be the public policy of the state under Arkansas Constitution, Amendment 34.

The power and duty to enforce this subchapter is conferred upon and vested in the circuit court of the county in which any person, group of persons, firm, corporation, unincorporated association, labor organization, or representatives thereof who violate this subchapter, or any p…

No person shall be denied employment because of membership in or affiliation with a labor union, nor shall any person be denied employment because of failure or refusal to join or affiliate with a labor union, nor shall any person, unless he or she shall voluntarily consent in wr…

(a) No person, group of persons, firm, corporation, association, or labor organization shall enter into any contract to exclude from employment:(1) Persons who are members of, or affiliated with, a labor union;(2) Persons who are not members of, or who fail or refuse to join or a…

(a) (1) It shall be unlawful for any person by the use or threat of the use of force or violence to prevent or attempt to prevent any person from engaging in any lawful vocation within this state.(2) Any person guilty of violating this subsection shall be deemed guilty of a felon…

(a) Where a labor union or striking employees are picketing, or causing to be picketed, the premises or approach to the premises of any employer which is not a railroad, it shall be unlawful for any persons to stand upon the track or in the way or otherwise interfere with, preven…

No assignment or order for wages to be earned in the future to secure a loan of less than two hundred dollars ($200) shall be valid against any employer of the person making the assignment or order until the assignment or order is accepted in writing by the employer and the assig…