Arkansas Labor Law: The Differences From Federal Labor Law

In addition to following federal labor law, Arkansas labor law goes further with such labor law requirements as continuation coverage of healthcare, minimum wage, and leave for donations of organ and bone marrow. It is important to also check with local municipalities to see if there are additional laws that pertain to employers. Always remember that generally an employer must always follow the labor law that offers the most rights and/or benefits to their employees.

Arkansas Labor Law

Arkansas Labor Law: Civil Right Act

The Arkansas Civil Rights Act, also known as ACRA, applies to employers that employ at least nine or more employees. It is intended to protect a number of employees from discrimination. A simple list includes; Religion, Disability, Gender, Race, and National Origin. Even though ARCA applies to any employer with at least nine or more employees, they have a provision for anti-discrimination that protects all employees. The provision for anti-discrimination prohibits discrimination that is based upon military service or genetic information.

Arkansas labor law protects against paying someone less based solely on their sex. Of course, it is allowable to pay more or less based on someone’s seniority, level of experience, skill level, what tasks they are performing, what shift they work, or anything else that differentiates duties performed.

The overtime rules apply to employers who employ four or more staff. An employer must pay one- and one-half times an employee’s normal rate of pay for time worked in one work week over forty hours. An employer can determine which day their seven-day work week begins. Finally, an employer is not required to pay overtime to exempt (generally management) employees.

Unless it causes an undue hardship to an employer, they must provide paid or unpaid time to an employee that is expressing breast milk. This does not need to be in addition to a break an employer is already providing. There is not a lot of information on what constitutes a hardship, wither financially otherwise so use good judgement or seek legal advice.

Arkansas labor law has a lot to say about minors working, therefore, I would seek legal advice if you have any questions at all. Anyone younger than sixteen years old is not permitted to work in any business that serves alcohol or in a number of hazardous jobs. If you do hire a sixteen year old they are not permitted to work more than six days in any one week period, not more than fifty-four hours in any one week, more than 10 hours consecutively, more than ten hours in any one twenty-four hour time-frame, or start work before six in the morning or after eleven at night with the exception of a night that is before a non-school day.

In Arkansas for those employers who offer health care coverage they are required to offer continuation coverage for those employees and the employees dependents the opportunity to continue their coverage based on a change in their marital status, or in the event their employment is terminated willingly or not. Continuation coverage is only required for one hundred and twenty days from the date it would have normally ended.

Arkansas labor law states that all employers must allow time off for their employees to; serve on a jury, are a victim of a crime, military leave, to vote, or if they are donating an organ or bone marrow.

Although a bit unusual, Arkansas law requires an employer to pay an employee who was involuntarily terminated by the very next payday. If the employer fails to pay the employee more than seven days beyond the very next payday, they are liable to pay that employee twice the pay owed.

Thank you and may God bless you!