Arkansas Minimum Wage and Overtime Exemptions




Executive exemption

Arkansas exempts executive employees from its minimum wage and overtime requirements. AR Code 11-4-203(3)(A); AR Wage and Hour Regs 010.14-106(B) To qualify for the exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act. AR Wage and Hour Regs 010.14-106(B)(1)(a) For charitable and religious organizations and employer whose gross sales are less than $500,000 per year, employee need only earn $360 per week on a salary or fee basis to qualify for the exemption, instead of the $455 per week required by the Fair Labor Standards Act. AR Wage and Hour Regs 010.14-106(B)(1)(e)



Administrative exemption

Arkansas exempts administrative employees from its minimum wage and overtime requirements. AR Code 11-4-203(3)(A); AR Wage and Hour Regs 010.14-106(B) To qualify for the exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act. AR Wage and Hour Regs 010.14-106(B)(1)(a) For charitable and religious organizations and employer whose gross sales are less than $500,000 per year, employee need only earn $360 per week on a salary or fee basis to qualify for the exemption, instead of the $455 per week required by the Fair Labor Standards Act. AR Wage and Hour Regs 010.14-106(B)(1)(e)




Professional exemption

Arkansas exempts professional employees from its minimum wage and overtime requirements. AR Code 11-4-203(3)(A); AR Wage and Hour Regs 010.14-106(B) To qualify for the exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act. AR Wage and Hour Regs 010.14-106(B)(1)(a) For charitable and religious organizations and employer whose gross sales are less than $500,000 per year, employee need only earn $360 per week on a salary or fee basis to qualify for the exemption, instead of the $455 per week required by the Fair Labor Standards Act. AR Wage and Hour Regs 010.14-106(B)(1)(e) Arkansas includes computer employees exempt under the Fair Labor Standards Act in its definition of professional employees.AR Wage and Hour Regs 010.14-106(B)(1)(a)



Outside salesman exemption

Arkansas exempts outside salesmen from its minimum wage and overtime requirements. AR Code 11-4-203(3)(A); AR Wage and Hour Regs 010.14-106(B) To qualify for the exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act. AR Wage and Hour Regs 010.14-106(B)(1)(a)



Computer employee exemption

Arkansas exempts computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage and overtime requirements. AR Code 11-4-203(3)(A); AR Wage and Hour Regs 010.14-106(B) It includes them in the definition of professional employees. AR Wage and Hour Regs 010.14-106(B)(1)(b) To qualify for the exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act. AR Wage and Hour Regs 010.14-106(B)(1)(a) For charitable and religious organizations and employer whose gross sales are less than $500,000 per year, employee need only earn $360 per week on a salary or fee basis to qualify for the exemption, instead of the $455 per week required by the Fair Labor Standards Act. AR Wage and Hour Regs 010.14-106(B)(1)(e)



Other minimum wage and overtime exemptions

The following employees are exempt from Arkansas”™ minimum wage and overtime requirements:



Overtime only exemptions

The following employees are exempt from Arkansas”™ overtime requirements, but not its minimum wage requirements, AR Code 11-4-211(a); AR Wage and Hour Regs 010.14-106(C):

  • individuals working for an agricultural employer;
  • individuals subject to the authority of the US Department of Transportation to regulate minimum job qualifications and maximum hours of service;
  • individuals working for an employer operating a rail carrier subject to 49 USC part A of subtitle IV;
  • individuals working for an air carrier subject to Title II of the federal Railway Labor Act;
  • individuals working as outside buyers of poultry, eggs, cream, or milk in their raw or natural state;
  • individuals working as seamen;
  • individuals working as announcers, news editors, or chief engineers by radio or television stations which have their major studio in:
    • a city or town with a population of 100,000 or fewer residents, according to the latest available decennial census figures as compiled by the US Bureau of the Census, except when the city or town is part of a standard metropolitan statistical area, as defined and designated by the US Office of Management and Budget which has a total population in excess of 100,000 residents; or
    • a city or town with 25,000 or fewer residents which is part of a standard metropolitan statistical area, as described above, but is at least 40 airline miles from the principal city in the area;
  • salesmen, partsmen, or mechanics who primarily sell or service automobiles, trucks, or farm implements, if they work for a non-manufacturing establishment that primarily sells such vehicles or implements to the ultimate purchaser;
  • salemen who primarily sell trailers, boats, or aircraft, if they work for a non-manufacturing establishment that primarily sells trailers, boats, or aircraft to the ultimate purchaser;
  • individuals working as drivers or driver”™s helpers making local deliveries and who are compensated on a per trip basis, or other delivery payment plan;
  • individuals working in connection with operating or maintaining ditches that are not owned or operated for profit or operated on a sharecrop basis, and which are used exclusively for supply and storing water of which 90 percent was ultimately used for agricultural purposes during the preceding calendar year;
  • individuals working in connection with livestock auction operations, so long as the individuals primarily work during the week by the same employer in agriculture and are paid for working in the auction operations at a rate that is not less than Arkansas”™ minimum wage;
  • individuals working in the area of production by an employer commonly recognized as a country elevator, including employers that sell products and services used in the operation of a farm if no more than five individual work in such operations for the employer
  • individuals work in processing maple sap into sugar (other than refined sugar) or syrup;
  • individuals who work transporting and preparing for transportation fruits and vegetables, whether or not performed by the farmer, from the farm to a place of first processing or first marketing with the state;
  • individuals who transport, whether or not performed by the farmer, between the farm and any point within the state of persons working or that will work in harvesting fruits or vegetables;
  • drivers working for a taxicab operation;
  • individuals working for public agencies who in any workweek are employed in fire protection activities or individuals who in any workweek is employed in law enforcement activities (including security personnel in correction institutions or jails), if the public agencies employ during the workweek fewer than five (5) employees in fire protection or law enforcement activities, as the case may be;
  • individuals working in domestic service in a household and who resides in the household;
  • individuals who work at amusement or recreational establishments located in national parks or national forests or on land in the National Wildlife System if the individuals:
    • are employees of a private entity engaged in providing services or facilities for such locations, and
    • are paid not less than one and one-half (1 ½) times their regular rate for all hours worked in excess of fifty-six (56) in a workweek.