ARKANSAS DEPARTMENT OF LABOR NOTICE to employer & employee

MINIMUM WAGE or by regulations of the Director of Labor, however, employee may also be awarded an additional amount All employees covered by Arkansas Code 11-4-202 to deductions which are not otherwise prohibited and up to but not greater than the amount of wages found 11-4-220 must be paid a minimum wage of at least: which are for the employee's benefit may be made if to be due, to be paid as liquidated damages.

$7.50 an hour effective January 1, 2015 with an authorized in writing by the employee. allowance for gratuities not to exceed $4.87 CHILD LABOR per hour. KEEPING OF RECORDS State law regulates the employment of minors under $8.00 an hour effective January 1, 2016 with an All employers subject to the Minimum Wage Law the age of 17 and, generally, requires children under allowance for gratuities not to exceed $5.37 must keep accurate records for a period of three (3) the age of 16 to have employment certificates. per hour. years. These records must include the name, Employment certificates for children ages 14 and 15 $8.50 an hour effective January 1, 2017 with an address, occupation, rate of pay, hours worked and are not required for seasonal agricultural laborers, allowance for gratuities not to exceed $5.87 the amount paid each pay period for all employees newspaper carriers, or batboys of professional per hour. covered by the law. In addition, every employer who baseball clubs, or sports referees. COVERAGE claims an allowance for tips, board, lodging, apparel Special provisions govern the employment of children The Arkansas Minimum Wage applies to an employer or other items or services as part of the applicable in the entertainment industry, otherwise, children who of four (4) or more persons. minimum wage rate, must maintain daily records are 14 and 15 years of age may not work: All employees of the above employers are covered showing for each employee the amounts claimed as *More than 8 hours a day. except: allowances and must maintain records which will *More than 6 days a week. *Executive, administrative or professional employees. substantiate the amount of tips actually received by *More than 48 hours a week. *Outside commission-paid salesmen. the employee or the employer's reasonable cost in *Before 6:00 a.m. nor after 7:00 p.m. *Students whose work is a part of a bona fide supplying items or services to the employee. except on nights preceding non-school days, vocational training program. such children may work until 9:00 p.m. *Students who work in the schools they are attending. EQUAL PAY ACT Children under 14 may not be employed except in the *Some farm laborers. No employer in the State of Arkansas shall entertainment industry, as newspaper carriers, bat *Independent contractors. discriminate in the payment of wages as between the boys or bat girls of professional baseball clubs, sports *Employees of the United States. sexes or shall pay any female in his employ, salary or referees, to hand harvest short season crops, or by wage rate less than the rates paid to male employees their parents or guardians during school vacation. STUDENT RATE for comparable work. Provided, however, that nothing Children who are 16 years of age 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, or 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 years of age employed Certificate of Eligibility is obtained from the Arkansas terms and conditions of employment of the persons on nights preceding non-school days in occupations Department of Labor. Student workers subject to the employed by him and such records shall be preserved determined by rule of the Arkansas Department of 85% provision of the applicable minimum wage rate for a period of three (3) years. Labor to be sufficiently safe for their employment. No and a gratuity allowance shall not be paid less than 16-year old shall be subject to the provisions of this the base wage guaranteed any other employee PENALTIES Act if: subject to a gratuity allowance. Any employer who willfully hinders or delays the (a) such boy or girl is a graduate of any Director or his authorized representative in the high school, vocational school or technical school; performance of his duties in the enforcement of these HANDICAPPED WORKERS (b) such boy or girl is married or is a The Director has established procedures for statutes or otherwise willfully violates any provision of parent. employment of these workers. For further information these statutes or of any regulation issued under it Act 647 of 1987 allows for the employment of children contact the Department of Labor. shall be deemed in violation of the Minimum Wage in the entertainment industry provided the child is Law and shall be subject to a civil penalty of not less issued an Entertainment Work Permit by the Director than fifty dollars ($50.00) and not more than one STUDENT-LEARNERS of Labor. Child labor violations result in a civil money thousand dollars ($1,000.00) for each violation. For A "Student-Learner" is a person who is receiving penalty of not less than $50.00 and not more than the purpose of this subsection, each such violation regular instructions in an accredited school and who $1,000.00 for each violation. shall constitute a separate offense. Any employer is employed on a part-time basis in a bona fide 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. Overtime compensation must be paid at the rate of representative that he has not been paid minimum one and one-half times the regular hourly rate of pay wages in accordance with the provisions of these WAGE COLLECTION ACT for hours worked in excess of 40 hours in a statutes, or because such employee has caused to be The Wage Collection Act provides assistance to any workweek. This overtime provision shall not be instituted or is about to cause to be instituted any employee in the collection of wages due him or her for applicable with respect to employers with less than 4 proceeding under or related to these statutes, or work performed. Work performed shall include all or employees, or agricultural employees. because such employee has testified or is about to any work or service performed by any person testify in any such proceeding shall be deemed in employed for any period of time where the wages or violation of the Minimum Wage Law and shall be WORKWEEK salary or remunerations for such work or services are subject to a civil penalty of not less than fifty dollars to be paid at stated intervals or at the termination of A workweek is a regularly recurring period of ($50.00) and not more than one thousand dollars such employment, or for physical work actually 168 hours in the form of seven consecutive 24-hour ($1,000.00) for each violation. For the purpose of this performed by an independent contractor, provided periods. section, each day the violation continues shall that the amount in controversy does not exceed the constitute a separate offense. In addition to the sum of two thousand dollars ($2,000.00). Employees ENFORCEMENT civil penalty, the Director of Labor is authorized to who need help in collecting wages due them should Powers of the Director of Labor: petition any court of competent jurisdiction to enjoin or contact the Arkansas Labor Department. Telephone The Director or his representatives have the authority restrain any person, firm, corporation, partnership, or 682-4510. to: association who violates the provision of these (a) enter and inspect any place of employment statutes or any regulation. THIS POSTER CONTAINS in the State to examine books, payrolls, and records having to do with wages and hours. ONLY A SUMMARY EMPLOYEES REMEDIES Copies of the complete laws and regulations are He may copy these records if necessary and The Director of Labor may enforce Arkansas may question any employees to find out if available from the Department of Labor. minimum wage law by instituting legal action to 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. FAX (501) 682-4506 DEDUCTIONS FROM The employee shall not be required to exhaust TDD (800) 285-1131 THE MINIMUM WAGE 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

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

4-6-2015