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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Arkansas does not require employers to provide meals or breaks (except to children under
the age of 16 employed in the entertainment industry). AK Admin. Regs. for Child Labor
Section 2.402(c).
However, if an employer chooses to provide a break period of 20 minutes or less, it must
be paid. Additionally, if an employer chooses to provide a meal period (typically 30 minutes
or longer), it may be unpaid so long as the employee is completely relieved of all work
duties during the meal period. AR Dept. of Labor FAQs.
Arkansas does not require employers to provide meals or breaks (except to children under
the age of 16 employed in the entertainment industry). AK Admin. Regs. for Child Labor
Section 2.402(c).
However, if an employer chooses to provide a break period of 20 minutes or less, it must
be paid. Additionally, if an employer chooses to provide a meal period (typically 30 minutes
or longer), it may be unpaid so long as the employee is completely relieved of all work
duties during the meal period. AR Dept. of Labor FAQs.
Vacation
In Arkansas, employers are not required to provide employees with vacation benefits, either
paid or unpaid. If an employer chooses to provide such benefits, it must comply with the
terms of its established policy or employment contract. See St. Edward Mercy Medical
Center v. Ellison, 946 S.W.2d 726 (Ark. App., Div. 4 1997); Oil Fields Corp. v. Hess, 53 S.W.
2d 444 (Ark. 1932).
If an employer’s policy or contract provides for payment of accrued or earned vacation upon
separation from employment, the employer must comply with the terms of the policy or
contract. See St. Edward Mercy Medical Center v. Ellison, 946 S.W.2d 726 (Ark. App., Div. 4
1997); Oil Fields Corp. v. Hess, 53 S.W.2d 444 (Ark. 1932).
If an employer’s policy or contract provides for payment of accrued or earned vacation upon
separation from employment, the employer must comply with the terms of the policy or
contract. See St. Edward Mercy Medical Center v. Ellison, 946 S.W.2d 726 (Ark. App., Div. 4
1997); Oil Fields Corp. v. Hess, 53 S.W.2d 444 (Ark. 1932).
Neither Arkansas’ Legislature nor its courts have given any significant guidance regarding
other potential vacation policy issues. They are silent regarding whether an employer may:
Although Arkansas’ authorities are silent regarding many vacation policy issues, based on
the contractual emphasis Arkansas courts have placed on vacation policies, an employer
is likely free to implement the vacation policy of its choosing, including policies that deny or
limit payment of accrued vacation upon separation from employment. An employer would
be required to comply with the terms of its policy or contract. See St. Edward Mercy Medical
Center v. Ellison, 946 S.W.2d 726 (Ark. App., Div. 4 1997); Oil Fields Corp. v. Hess, 53 S.W.
2d 444 (Ark. 1932).
In Arkansas, employers are not required to provide employees with vacation benefits, either
paid or unpaid. If an employer chooses to provide such benefits, it must comply with the
terms of its established policy or employment contract. See St. Edward Mercy Medical
Center v. Ellison, 946 S.W.2d 726 (Ark. App., Div. 4 1997); Oil Fields Corp. v. Hess, 53 S.W.
2d 444 (Ark. 1932).
If an employer’s policy or contract provides for payment of accrued or earned vacation upon
separation from employment, the employer must comply with the terms of the policy or
contract. See St. Edward Mercy Medical Center v. Ellison, 946 S.W.2d 726 (Ark. App., Div. 4
1997); Oil Fields Corp. v. Hess, 53 S.W.2d 444 (Ark. 1932).
If an employer’s policy or contract provides for payment of accrued or earned vacation upon
separation from employment, the employer must comply with the terms of the policy or
contract. See St. Edward Mercy Medical Center v. Ellison, 946 S.W.2d 726 (Ark. App., Div. 4
1997); Oil Fields Corp. v. Hess, 53 S.W.2d 444 (Ark. 1932).
Neither Arkansas’ Legislature nor its courts have given any significant guidance regarding
other potential vacation policy issues. They are silent regarding whether an employer may:
- establish a policy or enter into a contract denying employees payment for accrued
vacation leave upon separation from employment, - deny payment for accrued vacation to an employee upon separation from
employment if its policy or contract is silent on the matter, - require an employee to comply with specific requirements to qualify for payment of
vacation leave upon separation from employment, such as giving two weeks notice
or being employed as of a specific date of the year, - cap the vacation leave an employee may accrued over time,
- implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set
date or lose it.
Although Arkansas’ authorities are silent regarding many vacation policy issues, based on
the contractual emphasis Arkansas courts have placed on vacation policies, an employer
is likely free to implement the vacation policy of its choosing, including policies that deny or
limit payment of accrued vacation upon separation from employment. An employer would
be required to comply with the terms of its policy or contract. See St. Edward Mercy Medical
Center v. Ellison, 946 S.W.2d 726 (Ark. App., Div. 4 1997); Oil Fields Corp. v. Hess, 53 S.W.
2d 444 (Ark. 1932).
Sick Leave
Arkansas law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must
comply with the terms of its established policy or employment contract. An employer in
Arkansas may be required to provide an employee unpaid sick leave in accordance with
the Family and Medical Leave Act or other federal laws.
Arkansas law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must
comply with the terms of its established policy or employment contract. An employer in
Arkansas may be required to provide an employee unpaid sick leave in accordance with
the Family and Medical Leave Act or other federal laws.
Severance
Arkansas law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Arkansas law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
Arkansas law does not require employers to provide employees with either paid or unpaid
holiday leave. In Arkansas, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Arkansas law does not require employers to provide employees with either paid or unpaid
holiday leave. In Arkansas, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Minimum Wage
Arkansas' current minimum wage rate is $6.25 and applies to employers with 4 or more
employees. AR Dept. of Labor FAQs. Some other exceptions apply. AR Stat. 11-4-211.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Arkansas, the federal
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than state law.
Arkansas' current minimum wage rate is $6.25 and applies to employers with 4 or more
employees. AR Dept. of Labor FAQs. Some other exceptions apply. AR Stat. 11-4-211.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Arkansas, the federal
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than state law.
Overtime
Arkansas requires employers with 4 or more employees to pay employees overtime at a
rate of 1 1/2 time their regular rate when they work 40 hours or more in a work week,
unless an employee is otherwise exempt. AR Stat. 11-4-211. Federal overtime laws may
also apply. For federally-defined exemption and other federal overtime laws see FLSA:
Overtime.
Arkansas requires employers with 4 or more employees to pay employees overtime at a
rate of 1 1/2 time their regular rate when they work 40 hours or more in a work week,
unless an employee is otherwise exempt. AR Stat. 11-4-211. Federal overtime laws may
also apply. For federally-defined exemption and other federal overtime laws see FLSA:
Overtime.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer may not discharge or otherwise penalize an employee for complying with a
jury summons or serving on a jury.
An employer may not require an employee to use annual, vacation, or sick leave for time
spent responding to a jury summons or serving on a jury.
Arkansas Stat. 16-31-106
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer may not discharge or otherwise penalize an employee for complying with a
jury summons or serving on a jury.
An employer may not require an employee to use annual, vacation, or sick leave for time
spent responding to a jury summons or serving on a jury.
Arkansas Stat. 16-31-106
