reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 2 - DEPARTMENT OF LABOR (§§ 11-2-101 — 11-2-206) › Subchapter 2 - ARKANSAS MEDIATION AND CONCILIATION SERVICE NONDISCLOSURE ACT (§§ 11-2-201 — 11-2-206) › Section 11-2-205 - Compliance with subpoenas

(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 pending in any arbitration or other proceedings or court or before any board, commission, committee, tribunal, investigatory body, or administrative agency of the United States or of any state, territory, the District of Columbia, or the state or any municipality or political subdivision thereof with respect to facts or other matters coming to his or her knowledge in his or her official capacity, whether in answer to an order, subpoena duces tecum, or otherwise, without the prior written consent of the representatives of both parties to the dispute.
(b)
(1)
Whenever any subpoena or subpoena duces tecum calling for confidential records or testimony as described in subsection (a) of this section has been served upon any officer, employee, or other person, he or she will appear in answer thereto and, unless otherwise expressly agreed to by the representatives of both parties to the dispute, respectfully decline, by reason of this section, to produce or present the confidential records or to give testimony.
(2)
Immediately upon receipt of the subpoena, the mediator or former mediator or employee should contact the Director of the Division of Labor, who shall immediately notify the staff attorneys of the Department of Labor and Licensing of the state to ensure that the procedures set forth in this subchapter will be followed. The director then shall instruct the staff attorneys to appear in behalf of the mediator and protect the service from any disclosure that violates the provisions contained in this subchapter.
(c)
In the event that the court insists that the mediator testify or produce documents, the staff attorneys of the department shall be further instructed to take immediate steps to procure the release of the mediator pending an appeal from the court's decision.
Amended by Act 2019, No. 910,§ 5303, eff. 7/1/2019.
Acts 1979, No. 750, § 5; A.S.A. 1947, § 81-129.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 2 - DEPARTMENT OF LABOR (§§ 11-2-101 — 11-2-206) › Subchapter 2 - ARKANSAS MEDIATION AND CONCILIATION SERVICE NONDISCLOSURE ACT (§§ 11-2-201 — 11-2-206) › Section 11-2-206 - Judicial review

(a)
(1)
The mediator or the Director of the Division of Labor 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 thirty (30) days following the issuance of the order, a written petition praying that the order be modified or set aside.
(3)
A copy of the petition shall be forthwith transmitted by the Clerk of the Supreme Court to the clerk of the court issuing the order to testify or to produce documents and to the other parties, and thereupon that clerk shall file in the Supreme Court the record in the proceedings.
(b)
(1)
Upon filing, the Supreme Court shall have jurisdiction of the proceeding and of the question determined therein.
(2)
The Supreme Court shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter upon the pleadings, testimony, and proceedings set forth in the record a decree affirming, modifying, or setting aside, in whole or in part, the order of the court issuing its order to the mediator to testify or to produce and enforcing the order to the extent that it is affirmed or modified.
Amended by Act 2019, No. 910,§ 5304, eff. 7/1/2019.
Acts 1979, No. 750, § 6; A.S.A. 1947, § 81-130.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 3 - LABOR RELATIONS AND PRACTICES (§§ 11-3-101 — 11-3-402) › Subchapter 1 - GENERAL PROVISIONS (§ 11-3-101) › Section 11-3-101 - Soliciting advertising in name of labor organization

(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 thousand dollars ($5,000), conditioned that the person, firm, or corporation will well and truly perform any and all contracts entered into between the person, firm, or corporation and any person, firm, or corporation within the state.
(2)
The person, firm, or corporation shall further file with the Secretary of State credentials from the organization the person, firm, or corporation represents, signed by the president and secretary and bearing the official seal of the organization.
(3)
The bond shall be for the benefit of any person, firm, or corporation who or which has failed to receive any advertising contracted for.
(b)
Any person, firm, or corporation violating the provisions of this section shall be guilty of a misdemeanor. Upon conviction, the person, firm, or corporation shall be fined in any sum not less than one thousand dollars ($1,000).
Acts 1941, No. 294, §§ 1, 2; A.S.A. 1947, §§ 71-201, 71-202; 2003, No. 1473, § 22.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 3 - LABOR RELATIONS AND PRACTICES (§§ 11-3-101 — 11-3-402) › Subchapter 2 - HIRING PRACTICES (§§ 11-3-201 — 11-3-206) › Section 11-3-201 - Enticing away laborer prohibited - Penalty

(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 conviction before any justice of the peace or circuit court, he or she shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500).
(b)
In addition, he or she shall be liable to the employer for all advances made by him or her to the laborer by virtue of his or her contract, whether verbal or written, with the laborer and for all damages that he or she may have sustained by reason thereof.
Acts 1883, No. 96, § 8, p. 167; 1905, No. 298, § 1, p. 726; C. & M. Dig., § 2789; Acts 1923 (1st Ex. Sess.), No. 34, § 1; Pope's Dig., § 3493; A.S.A. 1947, § 81-210.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 3 - LABOR RELATIONS AND PRACTICES (§§ 11-3-101 — 11-3-402) › Subchapter 2 - HIRING PRACTICES (§§ 11-3-201 — 11-3-206) › Section 11-3-202 - False statements or blacklists to prevent employment prohibited

(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, mark, or other designation, or publish or cause to be published any false statement for the purpose of preventing another person from obtaining employment in this state or elsewhere shall, upon conviction, be adjudged guilty of a misdemeanor.
(2)
Every person who shall blacklist any person by writing, printing, or publishing, or causing any of these things to be done, the name or any mark or designation representing the name of any person in any paper, pamphlet, circular, or book, together with any false statement concerning the person so named, or shall publish that anyone is a member of any secret organization, for the purpose of preventing that other person from securing employment, shall upon conviction be adjudged guilty of a misdemeanor.
(3)
Any person who shall do any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other company, corporation, or individual shall upon conviction be adjudged guilty of a misdemeanor.
(b)
A person convicted shall be fined in the sum of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned in the county jail for twelve (12) months, or both fined and imprisoned.
Acts 1905, No. 214, § 1, p. 545; C. & M. Dig., § 7135; Pope's Dig., § 9121; A.S.A. 1947, § 81-211.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 3 - LABOR RELATIONS AND PRACTICES (§§ 11-3-101 — 11-3-402) › Subchapter 2 - HIRING PRACTICES (§§ 11-3-201 — 11-3-206) › Section 11-3-203 - Medical examination as condition for employment

(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 take a physical, medical examination, or drug test unless the physical, medical examination, or drug test is provided at no cost to the employee or applicant for employment and unless a true and correct copy, either original or duplicate original, of the examiner's report of the physical, medical examination, or drug test is furnished free of charge to the applicant or employee upon a written request of the applicant or employee.
(2)
It shall further be unlawful for any person, partnership, association, or corporation to require any employee or applicant for employment to pay, either directly or indirectly, any part of the cost of the physical, medical examination, drug test, report, or copy of the report.
(3)
Notwithstanding subdivision (a)(1) of this section, if an employee tests positive for an illegal drug as defined by rule of the Division of Labor, the employer and employee may agree in writing who will bear the cost of future drug tests or screens required as a condition of continued employment.
(b)
Each and every violation of any provision of subsection (a) of this section shall constitute a misdemeanor, punishable by a fine in any amount not exceeding one hundred dollars ($100).
(c)
The Director of the Division of Labor shall administer and enforce this section, including without limitation, by:
(1)
Adopting administrative rules; and
(2)
Demanding payment and seeking recovery in a court of competent jurisdiction for charges, fees, wage deductions, or other payments made by employees as a result of an employer's violation of this section.
(d)
This section does not change the definition of "medical examination" under any other state or federal statute.
Amended by Act 2019, No. 910,§ 5306, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5305, eff. 7/1/2019.
Acts 1951, No. 171, §§ 1, 2; A.S.A. 1947, §§ 81-212, 81-213; Acts 2009, No. 453, §§ 1, 2; 2011, No. 980, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 3 - LABOR RELATIONS AND PRACTICES (§§ 11-3-101 — 11-3-402) › Subchapter 2 - HIRING PRACTICES (§§ 11-3-201 — 11-3-206) › Section 11-3-205 - Private employers - Leave for bone marrow or organ donation - Withholding tax credit

(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, including eyes;
(3)
"Organ donor" means a person from whose body an organ is taken to be transferred to the body of another person; and
(4)
(A)
"Private employer" means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees.
(B)
"Private employer" does not include a municipality, county, state agency, institution of higher education, or other public employer.
(b)
(1)
In addition to any medical, personal, or other paid leave provided by the employer, a private employer shall grant an employee an unpaid leave of absence to allow the employee to serve as an organ donor or a bone marrow donor if the employee requests a leave of absence in writing.
(2)
The length of the leave of absence shall be equal to the time requested by the employee or ninety (90) days, whichever is less.
(3)
A private employer may grant a paid or unpaid leave of absence for a length of time greater than ninety (90) days.
(c)
(1)
If a private employer agrees to pay the employee's regular salary or wages during the leave of absence required under subsection (b) of this section, then the private employer is entitled to a credit against the private employer's Arkansas withholding tax liability.
(2)
(A)
The amount of the credit provided in subdivision (c)(1) of this section shall be equal to twenty-five percent (25%) of the regular salary or wages paid to the employee while the employee was on a leave of absence required under subsection (b) of this section.
(B)
However, if the private employer grants the employee a leave of absence greater than ninety (90) days, the credit provided under this subsection shall be limited to the regular salary or wages paid during the first ninety (90) days of the leave of absence.
(3)
The credit shall be taken within one (1) year of the date upon which the leave required under subsection (b) of this section begins.
(d)
This section shall not apply if the employee is eligible for leave under the Family and Medical Leave Act of 1993,
29 U.S.C. § 2601
et seq.
Acts 2005, No. 2235, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 3 - LABOR RELATIONS AND PRACTICES (§§ 11-3-101 — 11-3-402) › Subchapter 2 - HIRING PRACTICES (§§ 11-3-201 — 11-3-206) › Section 11-3-206 - Copies of employee background checks

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.
Added by Act 2017, No. 1028,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 3 - LABOR RELATIONS AND PRACTICES (§§ 11-3-101 — 11-3-402) › Subchapter 3 - RIGHT TO WORK (§§ 11-3-301 — 11-3-304) › Section 11-3-301 - Policy

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.
Acts 1947, No. 101, § 1; A.S.A. 1947, § 81-201.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 3 - LABOR RELATIONS AND PRACTICES (§§ 11-3-101 — 11-3-402) › Subchapter 3 - RIGHT TO WORK (§§ 11-3-301 — 11-3-304) › Section 11-3-302 - Enforcement

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 part hereof, reside or have a place of business or may be found and served with process.
Acts 1947, No. 101, § 4; A.S.A. 1947, § 81-204.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 3 - LABOR RELATIONS AND PRACTICES (§§ 11-3-101 — 11-3-402) › Subchapter 3 - RIGHT TO WORK (§§ 11-3-301 — 11-3-304) › Section 11-3-303 - Union affiliation or nonaffiliation not to be condition of employment

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 writing to do so, be compelled to pay dues or any other monetary consideration to any labor organization as a prerequisite to, condition of, or continuance of employment.
Acts 1947, No. 101, § 2; A.S.A. 1947, § 81-202.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 3 - LABOR RELATIONS AND PRACTICES (§§ 11-3-101 — 11-3-402) › Subchapter 3 - RIGHT TO WORK (§§ 11-3-301 — 11-3-304) › Section 11-3-304 - Contracts to exclude persons from employment prohibited

(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 affiliate with, a labor union; and
(3)
Persons who, having joined a labor union, have resigned their membership or have been discharged, expelled, or excluded.
(b)
(1)
Any person, group of persons, firm, corporation, association, labor organization, or representatives thereof, either for themselves or others, who sign, approve, or enter into a contract contrary to the provisions of this subchapter shall be guilty of a misdemeanor. Upon conviction, the person, group of persons, firm, corporation, association, labor organization, or representatives thereof, shall be fined in a sum not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000).
(2)
Each day that the unlawful contract is given effect, or in any manner complied with, shall be deemed a separate offense and shall be punishable as such as provided in this section.
Acts 1947, No. 101, §§ 3, 4; A.S.A. 1947, §§ 81-203, 81-204.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 3 - LABOR RELATIONS AND PRACTICES (§§ 11-3-101 — 11-3-402) › Subchapter 4 - LABOR DISPUTES (§§ 11-3-401 — 11-3-402) › Section 11-3-401 - Prevention of lawful employment prohibited

(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 felony and upon conviction shall be punished by confinement in the Department of Corrections for not less than one (1) year nor more than two (2) years.
(b)
(1)
It shall be unlawful for any person acting in concert with one (1) or more other persons to assemble at or near any place where a labor dispute exists and by force or violence prevent or attempt to prevent any person from engaging in any lawful vocation.
(2)
It shall also be unlawful for any person acting either by himself or herself or as a member of any group or organization or acting in concert with one (1) or more other persons to promote, encourage, or aid any such unlawful assemblage.
(3)
Any person guilty of violating this subsection shall be deemed guilty of a felony and upon conviction thereof shall be punished by confinement in the Department of Corrections for not less than one (1) year nor more than two (2) years.
(c)
The term "labor dispute" as used in this section shall include any controversy between an employer and two (2) or more employees concerning the terms or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment.
(d)
The provisions of this section shall be cumulative of all other existing criminal laws of this state upon the same subject, and in the event of a conflict between existing articles and the provisions of this section, then and in that event, the provisions, offenses, and punishments set forth herein shall prevail over the existing articles.
Amended by Act 2019, No. 910,§ 695, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 694, eff. 7/1/2019.
Acts 1943, No. 193, §§ 1-4; A.S.A. 1947, §§ 81-206 -- 81-209.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 3 - LABOR RELATIONS AND PRACTICES (§§ 11-3-101 — 11-3-402) › Subchapter 4 - LABOR DISPUTES (§§ 11-3-401 — 11-3-402) › Section 11-3-402 - Interference with railroad engines and employees prohibited

(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, prevent, delay, forbid, or obstruct by force or threats the progress of any railroad engine, train, or cars operated by a railroad common carrier in the performance of its common carrier duties and moving from, to, or past the premises.
(b)
Where any labor union or striking employees are picketing, or causing to be picketed, the premises or approach to the premises of an employer which is not a railroad, it shall be unlawful for any person, through intimidation, picketing, or otherwise intentionally to induce or persuade, or to seek to induce or persuade, any employees of a railroad not to enter, leave, or pass the premises with any railroad engine, train, or cars operated by a railroad in the performance of its common carrier duties.
(c)
Any person who shall violate any of the provisions of this section shall upon conviction be adjudged guilty of a misdemeanor and punished by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail for a time not to exceed six (6) months, or by both fine and imprisonment.
(d)
In addition to the penalty provisions of this section, it shall be the duty of any court of competent jurisdiction at the instance of any party adversely affected by a violation of this section to enforce the provisions by restraining orders and injunction.
(e)
Anyone conspiring with others to cause a violation of this section shall be liable in a civil action for damages.
Acts 1953, No. 257, §§ 1-4; A.S.A. 1947, §§ 81-214 -- 81-217.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-4-101 — 11-4-103) › Section 11-4-101 - Assignment of wages

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 assignment or order and the acceptance of it has been filed with the recorder of the county where the party making the assignment or order resides if a resident of this state or in the state where he or she is employed.
Amended by Act 2013, No. 1151,§ 2, eff. 8/16/2013.
Acts 1911, No. 34, §§ 1, 2; C. & M. Dig., §§ 7133, 7134; Pope's Dig., §§ 9119, 9120; A.S.A. 1947, §§ 81-316, 81-317.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-4-101 — 11-4-103) › Section 11-4-103 - Employment status

For purposes of this chapter, employment status as an employee or independent contractor is determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, §
11-1-201
et seq.
Added by Act 2019, No. 1055,§ 2, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-201 - Title

This subchapter shall be known as the "Minimum Wage Act of the State of Arkansas".
Acts 1968 (1st Ex. Sess.), No. 25, § 16; A.S.A. 1947, § 81-318.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-202 - Policy

It is declared to be the public policy of the State of Arkansas to establish minimum wages for workers in order to safeguard their health, efficiency, and general well-being and to protect them as well as their employers from the effects of serious and unfair competition resulting from wage levels detrimental to their health, efficiency, and well-being.
Acts 1968 (1st Ex. Sess.), No. 25, § 1; A.S.A. 1947, § 81-319.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-204 - [Repealed]

Repealed by Act 2019, No. 853,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 756, eff. 7/24/2019.
Acts 1968 (1st Ex. Sess.), No. 25, § 13; A.S.A. 1947, § 81-331; Acts 2006 (1st Ex. Sess.), No. 15, § 2; 2006 (1st Ex. Sess.), No. 16, § 2.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-205 - Right of collective bargaining not affected

(a)
Except as provided in subsection (b) of this section, nothing in this subchapter, including the provisions of §
11-4-218(b)
, shall be deemed to interfere with, impede, or in any way diminish the right of employers and employees to bargain collectively through representatives of their own choosing in order to establish wages or other conditions of work.
(b)
Collective bargaining by public employees is prohibited under §
21-1-801
et seq.
Amended by Act 2021, No. 612,§ 1, eff. 7/28/2021.
Amended by Act 2017, No. 914,§ 2, eff. 4/5/2017.
Acts 1968 (1st Ex. Sess.), No. 25, § 14; A.S.A. 1947, § 81-332.
See Act 2017, No. 914, § 5.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-209 - Director of the Division of Labor - Powers and duties

(a)
For any occupation, the Director of the Division of Labor shall make and revise such administrative rules, including definitions of terms, as he or she may deem appropriate to carry out the purposes of this subchapter or necessary to prevent the circumvention or evasion thereof and to safeguard the minimum wage rates established.
(b)
The rules may include, but are not limited to, rules governing:
(1)
Outside or commission salespersons;
(2)
Learners and apprentices, their number, proportion, and length of service;
(3)
Part-time pay, bonuses, and fringe benefits;
(4)
Special pay for special or extra work;
(5)
Permitted charges to employees or allowances for board, lodging, apparel, or other facilities or services customarily furnished by employers to employees;
(6)
Allowances for gratuities; and
(7)
Allowances for other special conditions or circumstances which may be usual in a particular employer-employee relationship.
(c)
Rules shall be promulgated pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(d)
The director or his or her authorized representatives shall:
(1)
Have authority to enter and inspect the place of business or employment of any employer in the state for the purpose of:
(A)
Examining and inspecting any or all books, registers, payrolls, and other records of any employer that in any way relate to or have a bearing upon the question of wages, hours, and other conditions of employment of any employees;
(B)
Copying any or all of the books, registers, payrolls, and other records as he or she may deem necessary or appropriate; and
(C)
Questioning employees for the purpose of ascertaining whether the provisions of this subchapter and rules issued under this subchapter have been and are being complied with;
(2)
Have authority to require from the employer full and correct statements in writing, including sworn statements, with respect to wages, hours, names, addresses, and such information pertaining to his or her employees as the director or his or her authorized representative may deem necessary or appropriate;
(3)
Publish all rules promulgated pursuant to this subchapter; and
(4)
Otherwise implement and enforce the provisions of this subchapter and the rules issued under this subchapter.
Amended by Act 2019, No. 315,§ 760, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 759, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 758, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5311, eff. 7/1/2019.
Acts 1968 (1st Ex. Sess.), No. 25, § 4; A.S.A. 1947, § 81-322; Acts 2001, No. 1423, § 5.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-210 - Minimum wage

(a)
(1)
Beginning October 1, 2006, every employer shall pay each of his or her employees wages at the rate of not less than six dollars and twenty-five cents ($6.25) per hour except as otherwise provided in this subchapter.
(2)
Beginning January 1, 2015, every employer shall pay each of his or her employees wages at the rate of not less than seven dollars and fifty cents ($7.50) per hour, beginning January 1, 2016, the rate of not less than eight dollars ($8.00) per hour, and beginning January 1, 2017, the rate of not less than eight dollars and fifty cents ($8.50) per hour, except as otherwise provided in this subchapter.
(3)
Beginning January 1, 2019, every employer shall pay each of his or her employees wages at the rate of not less than nine dollars and twenty-five cents ($9.25) per hour, beginning January 1, 2020 the rate of not less than ten dollars ($10.00) per hour and beginning January 1, 2021 the rate of not less than eleven dollars ($11.00) per hour except as otherwise provided in this subchapter.
(b)
With respect to any full-time student attending any accredited institution of education within this state and who is employed to work an amount not to exceed twenty (20) hours during weeks that school is in session or forty (40) hours during weeks when school is not in session, the rate of wage shall be equal to but not less than eighty-five percent (85%) of the minimum wage provided in this section.
Amendment approved by the voters at the November 6, 2018 general election.
Amendment approved by the voters at the November 4, 2014 election, effective 12/4/2014.
Acts 1968 (1st Ex. Sess.), No. 25, § 3; 1973, No. 13, § 1; 1975, No. 316, § 1; 1975 (Extended Sess., 1976), No. 1156, § 1; 1977, No. 345, §§ 2, 3; 1979, No. 996, § 3; 1981, No. 610, § 1; 1981, No. 667, § 1; 1983, No. 453, § 1; A.S.A. 1947, § 81-321; Acts 1987, No. 974, § 1; reen. Acts 1987, No. 987, § 1; Acts 1989, No. 360, § 2; 1989, No. 845, § 1; 1991, No. 544, § 1; 1993, No. 331, § 1; 1993, No. 568, § 1; 1997, No. 201, § 1; 2006 (1st Ex. Sess.), No. 15, § 3; 2006 (1st Ex. Sess.), No. 16, § 3.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-212 - Allowance for gratuities

(a)
Every employer of an employee engaged in any occupation in which gratuities have been customarily and usually constituted and have been recognized as a part of remuneration for hiring purposes shall be entitled to an allowance for gratuities as a part of the hourly wage rate provided in §
11-4-210
in an amount of no less than three dollars and sixty-two cents ($3.62) per hour, provided that the employee actually received that amount in gratuities and that the application of the foregoing gratuity allowances results in payment of wages other than gratuities to tipped employees, including full-time students subject to the provisions of §
11-4-210
, of no less than two dollars and sixty-three cents ($2.63) per hour.
(b)
In determining whether an employee received in gratuities the amount claimed, the Director of the Division of Labor may require the employee to show to the satisfaction of the director that the actual amount of gratuities received by him or her during any work week was less than the amount determined by the employer as the amount by which the wage paid the employee was deemed to be increased under this section.
Amended by Act 2019, No. 910,§ 5313, eff. 7/1/2019.
Acts 1968 (1st Ex. Sess.), No. 25, § 3; 1973, No. 13, § 1; 1975, No. 316, § 1; 1975 (Extended Sess., 1976), No. 1156, § 1; 1977, No. 345, § 3; 1979, No. 996, § 4; 1981, No. 610, § 1; 1981, No. 667, § 1; A.S.A. 1947, § 81-321; reen. Acts 1987, No. 987, § 1; 2006 (1st Ex. Sess.), No. 15, § 7; 2006 (1st Ex. Sess.), No. 16, § 7; 2007, No. 707, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-213 - Allowance for furnishing board, lodging, apparel, etc

(a)
An employer of an employee engaged in an occupation in which board, lodging, apparel, or other items and services are customarily and regularly furnished to the employee for his or her benefit is entitled to an allowance for the reasonable value of board, lodging, apparel, or other items and services as part of the hourly wage rate provided in §
11-4-210
in an amount not to exceed the fair and reasonable cost of the board, lodging, apparel, or other items and services.
(b)
The determination of reasonable cost of the board, lodging, apparel, or other items and services shall be based on
29 U.S.C. § 203(m)
, as it existed on January 1, 2019, and
29 C.F.R. § 531.1
et seq.
Amended by Act 2019, No. 910,§ 5314, eff. 7/1/2019.
Amended by Act 2019, No. 853,§ 2, eff. 7/24/2019.
Acts 1968 (1st Ex. Sess.), No. 25, § 3; 1973, No. 13, § 1; A.S.A. 1947, § 81-321.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-214 - Temporary special exemptions - Definition

(a)
Any individual affected by lack of skill, age, or disability in a way that his or her earning capacity is impaired shall be granted a temporary special exemption license or permit authorizing the employment of the individual at wages lower than the minimum prescribed in this subchapter until such time as the Director of the Division of Labor shall hold a hearing and prescribe rules regarding exemption of these individuals as authorized in this section.
(b)
(1)
The director may provide by rule, after notice and public hearing at which any person may be heard, for the employment in any occupation of individuals whose earning capacity is impaired by age or disability at wages lower than the minimum wage rate provided in §
11-4-210
as he or she may find appropriate to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the minimum wage rate under this subchapter.
(2)
In addition, the director, by rule or special order, may provide for the employment of individuals whose earning capacity is impaired by age or disability in work activities centers under special certificates at wages that are less than the minimum prescribed in §
11-4-210
that the director determines constitutes equitable compensation for the clients in work activities centers.
(c)
For the purposes of this section, the term "work activities centers" shall mean centers planned and designed exclusively to provide therapeutic activities for clients with disabilities whose physical and mental impairment is so severe as to make their productivity capacities inconsequential.
Amended by Act 2023, No. 503,§ 1, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 762, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5315, eff. 7/1/2019.
Acts 1968 (1st Ex. Sess.), No. 25, § 6; A.S.A. 1947, § 81-324; Acts 2001, No. 1423, § 6.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-215 - Learners, apprentices, and full-time students

(a)
For any occupation, the Director of the Division of Labor may provide, by rule, after a public hearing at which any person may be heard, for the employment in the occupation of learners, apprentices, and full-time students at wages lower than the minimum wage rate provided in §
11-4-210(b)
as he or she may find appropriate to prevent curtailment of opportunities for employment and to safeguard the minimum wage rate under this subchapter.
(b)
No employee shall be employed at wages fixed pursuant to this section, except under special license issued under applicable rules of the director.
Amended by Act 2019, No. 315,§ 763, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5316, eff. 7/1/2019.
Acts 1968 (1st Ex. Sess.), No. 25, § 7; A.S.A. 1947, § 81-325; Acts 2001, No. 1423, § 7.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-216 - Posting of law

(a)
Every employer subject to any provisions of this subchapter or of any rules issued under this subchapter shall keep a summary of this subchapter, approved by the Director of the Division of Labor, and copies of any applicable rules issued under this subchapter, or a summary of the rules approved by the director, posted in a conspicuous and accessible place in or about the premises wherein any person subject thereto is employed.
(b)
Employers shall be furnished copies of the summaries of this statute and rules by the director on request without charge.
Amended by Act 2019, No. 315,§ 764, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5317, eff. 7/1/2019.
Acts 1968 (1st Ex. Sess.), No. 25, § 9; A.S.A. 1947, § 81-327; Acts 2001, No. 1423, § 8.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-217 - Records kept by employer

(a)
Every employer subject to any provision of this subchapter or of any rule issued under this subchapter shall make and keep for a period of not less than three (3) years in or about the premises wherein any employee is employed a record of the name, address, and occupation of each of his or her employees, the rate of pay, the amount paid each pay period to each employee, and such other information as the Director of the Division of Labor shall prescribe by rule as necessary or appropriate for the enforcement of the provisions of this subchapter or of the rules under this subchapter.
(b)
The records shall be open for inspection or transcription by the director or his or her authorized representative at any reasonable time.
(c)
Every employer shall furnish to the director or to his or her authorized representative on demand a sworn statement of the records and information upon forms prescribed or approved by the director.
Amended by Act 2019, No. 315,§ 765, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5318, eff. 7/1/2019.
Acts 1968 (1st Ex. Sess.), No. 25, § 8; A.S.A. 1947, § 81-326; Acts 2001, No. 1423, § 9.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-220 - Person entitled to file a claim

(a)
Any employee covered by this subchapter may file a claim with the Director of the Division of Labor charging that an employer has violated §
11-4-210
or §
11-4-211
as to any employee or other person.
(b)
The director shall promptly investigate each claim.
(c)
The name of any employee identified in a claim shall be kept confidential until the director issues an administrative complaint or the director is ordered to release the information by order of a court of competent jurisdiction.
Amended by Act 2019, No. 910,§ 5321, eff. 7/1/2019.
Acts 2006 (1st Ex. Sess.), No. 15, § 6; 2006 (1st Ex. Sess.), No. 16, § 6.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 2 - MINIMUM WAGE LAW (§§ 11-4-201 — 11-4-222) › Section 11-4-222 - Political subdivisions prohibited from requiring more than federal or state requirements from employers - Definitions

(a)
As used in this section:
(1)
"Employee" means an individual employed in this state by an employer;
(2)
(A)
"Employer" means an individual, sole proprietorship, partnership, limited liability company, corporation, or other entity that does business in this state.
(B)
However, "employer" does not include a public employer;
(3)
"Employment benefit" means anything of value that an employee may receive from an employer in addition to wages and salary, including without limitation:
(A)
Health, disability, retirement, profit-sharing, and death benefits;
(B)
Group accidental death and dismemberment benefits;
(C)
Paid or unpaid days off from work for holidays, sick leave, vacation, and personal necessity; and
(D)
Terms of employment, notice of scheduling, attendance, or leave policies;
(4)
"Political subdivision" means a county, city, or town in this state; and
(5)
"Public employer" means the State of Arkansas and each political subdivision of the state.
(b)
A political subdivision shall not establish, mandate, or otherwise require an employer to provide to an employee a minimum or living wage rate or employment benefit that exceeds the requirements of federal laws or regulations or state laws or rules.
Added by Act 2017, No. 643,§ 2, eff. 8/1/2017.
See Act 2017, No. 643, § 3.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 3 - WAGE DISPUTES (§§ 11-4-301 — 11-4-306) › Section 11-4-301 - Definition

As used in this subchapter, "labor" means work or service performed by a person employed for a period of time for which the wages or salary or remuneration for the work or services is to be paid at stated intervals or at the termination of the employment or for physical work actually performed by an independent contractor if the amount in controversy does not exceed two thousand dollars ($2,000).
Acts 1937, No. 86, § 1; Pope's Dig., § 8537; Acts 1941, No. 431, § 1; 1973, No. 147, § 1; A.S.A. 1947, § 81-311; Acts 2009, No. 622, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 3 - WAGE DISPUTES (§§ 11-4-301 — 11-4-306) › Section 11-4-302 - Act cumulative

This subchapter is a substitute for Acts 1923, No. 380, but apart from that act is cumulative in its effect and shall not be so construed as to nullify or repeal the laws now existing with regard to liens.
Acts 1937, No. 86, § 6; Pope's Dig., § 8541; A.S.A. 1947, § 81-315.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 3 - WAGE DISPUTES (§§ 11-4-301 — 11-4-306) › Section 11-4-303 - Director of Division of Labor to conduct hearing

(a)
Upon application of either employer or employee, the Director of the Division of Labor or any person authorized by the director shall have authority to inquire into, hear, and decide disputes arising from wages earned and shall allow or reject any deduction from wages.
(b)
Upon motion of either employer or employee, the amount found to be due may be paid in the presence of the director or person designated by him or her, and after final hearing by the director or person appointed by him or her, he or she shall file in the office of the Division of Labor a copy of findings and facts and his or her award.
(c)
The amount of the award of the director shall be presumed to be the amount of wages, if any, due and unpaid to the employee.
Amended by Act 2019, No. 910,§ 5322, eff. 7/1/2019.
Acts 1937, No. 86, § 2; Pope's Dig., § 8538; A.S.A. 1947, § 81-312.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 3 - WAGE DISPUTES (§§ 11-4-301 — 11-4-306) › Section 11-4-304 - Judicial review

(a)
If either employer or employee shall fail or refuse to accept the findings of the Director of the Division of Labor, then either shall have the right to proceed at law as provided.
(b)
If the claim is meritorious, and if within the discretion of the director the claimant's lack of financial ability entitles him or her to the services of the Division of Labor, the director in the name of the State of Arkansas, for the benefit of the claimant, may institute action in any court of competent jurisdiction, without paying costs or giving bond for costs, and shall be entitled to all remedies available to litigants in the prosecution of actions and their enforcement, if successful.
(c)
Nothing in this section shall be construed so as to relieve an unsuccessful defendant from paying costs.
Amended by Act 2019, No. 910,§ 5323, eff. 7/1/2019.
Acts 1937, No. 86, § 2; Pope's Dig., § 8538; A.S.A. 1947, § 81-312.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612) › Subchapter 3 - WAGE DISPUTES (§§ 11-4-301 — 11-4-306) › Section 11-4-305 - Enforcement of laborer's lien

(a)
In all cases where the claimant is entitled to a laborer's lien or a lien on a thing or property worked on, the lien may be enforced as otherwise provided for by law, except that where a sheriff or constable is authorized to take charge of property subject to a lien claim and hold it subject to the decision of the court, as in cases of attachment, the sheriff or constable, upon the claimant's otherwise complying with the law regarding attachments and upon the claimant's filing an affidavit with the clerk of the court that he or she is unable to make an attachment bond, shall take the defendant's receipt for the property described in the plaintiff's statement as required by §
18-43-106
, and the property shall be left in the possession of the defendant.
(b)
The defendant shall exercise full dominion over the property as if it had not been attached except that he or she may not give it away. The defendant may sell, pledge, mortgage, or otherwise alienate or encumber the property if the proceeds therefrom bear a reasonable relation to the value of the lien, so that the person purchasing or taking an encumbrance upon the property shall possess superior rights to the lien claimant.
(c)
(1)
The defendant, however, selling or encumbering the property shall be held accountable to the court for the proceeds of the sale or encumbrance and shall file with the clerk of the court at the time of making the sale, or charging the property with an encumbrance, a statement giving the name of the purchaser or encumbrancer, his or her address, and the amount realized from the sale or encumbrance.
(2)
The defendant shall also notify the plaintiff of the filing of the statement.
(d)
If, upon the successful termination of the litigation in favor of the lien claimant, the defendant fails within five (5) days to pay into the registry of the court where the action was originally instituted the proceeds from the sale or encumbrance, the defendant shall be held to be in contempt of court and punished as for contempt.
Acts 1937, No. 86, § 4; Pope's Dig., § 8539; A.S.A. 1947, § 81-313.