If you’re wondering whether or not you are eligible to earn overtime pay as an employee in Arkansas, you should know that there are federal and state laws in place to protect you. The Fair Labor Standards Act (FLSA) is a nationwide law that ensures employers treat employees properly. This includes making sure they’re paid properly for the work they do. There are also state laws in place to protect works.
If you are an employee in Arkansas, you should be paid the standard overtime rate of 1.5 your normal pay for every hour worked after 40. However, there are no mandates in place that require employers to pay employees more for working weekends, holidays, or more than 8 hours in one day. Understanding these laws and whether or not you’re eligible to receive overtime pay is vital to make sure you’re earning the proper wage for your hard work.
Overtime Law Overview for Arkansas
Below Is an Outline of Critical Arkansas Overtime Law Components.
Fair Labor Standards Act of 1938 (FLSA)
Arkansas State Code § 11-4-211
Methods for Overtime Calculation
Hourly Employees: Receive time and a half pay (1.5 x Regular Pay Rate) for hours worked using the following parameters. The highest paying result dictates which method to select:
40 hours in a single workweek,
12 hours in a single workday, or
12 consecutive hours not concerning the starting/ending time during the workday and not counting duty free meal times
Hourly Plus Bonus and/or Commission Employees:
Figure out the regular rate by multiplying the hourly rate by the total hours worked in the workweek, then add the weekly bonus/commission, then divide by the hours worked in the workweek. Finally, half that total rate for every hour of overtime worked.
Salary Employees: Figure out the regular rate by starting with the salary and dividing that by the number of hours the salary is supposed to cover.
When regular hours equal less than 40, then add the regular rate for every hour until reaching 40 hours, then increase the rate to time and a half for every hour after 40.
Otherwise, pay 1.5 the standard rate for every hour after 40.
These Employees Do NOT Qualify for Overtime Pay in Arkansas (Incomplete List)
Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the laws in your state to ensure accuracy.
State Employees and Compensatory Time
If and only if you are an Arkansas state employee, you can receive “comp time.” Compensatory time is paid time off at a rate of 1.5 hours for each hour of worked over 40 hours in a single workweek. This is an alternative provider for overtime pay to government employees and can only be applied based on:
Agreements between employees and Arkansas State Agencies.
Overtime Exemptions for Arkansas
The following employees are exempt from Arkansas overtime laws:
Commission Based Employees (sales or retail)
Employees of Employers with Less Than Four Employees
If You Have Been Denied Overtime, Seek Legal Advice Immediately
State and federal laws concerning overtime pay are complex and are subject to change. It always helps to have a professional there to help. If you feel that you or someone you care about has not been properly compensated, then please get in touch with the Lemberg Law legal team today. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for federal and state wage law violations.
About the Author:
Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
Can my employer require me to work overtime in Arkansas