Arkansas Labor Law Guide 2026: Minimum Wage, Overtime, Breaks, and Leave
Arkansas labor laws for employers in 2026: the $11.00 minimum wage for employers with 4 or more employees, overtime after 40 hours, no state break or paid leave mandate, semimonthly paydays, the 7-day final paycheck rule with double-wage penalties, and child labor rules after Act 195 of 2023.
Arkansas has a state minimum wage well above the federal floor, a state overtime law that mirrors the FLSA, and one of the sharpest final-paycheck penalties in the country: an employer that does not pay a discharged worker within seven days of a demand owes the wages as if the employee were still on the clock. The Labor Standards Division of the Arkansas Department of Labor and Licensing enforces wage, hour, and child labor rules from Little Rock.
This guide explains what employers in Arkansas must do in 2026 and where each rule comes from.
Minimum Wage in Arkansas
The Arkansas minimum wage is $11.00 per hour. The Department of Labor and Licensing states that "effective January 1, 2021, the minimum wage in Arkansas is $11.00 per hour," the last step of the increase voters approved in November 2018. The Arkansas Minimum Wage Act applies to employers with four or more employees; smaller employers covered by the FLSA must pay the federal $7.25. The state rate is not indexed to inflation, so it stays at $11.00 until the legislature or voters change it.
Tipped employees may be paid a cash wage of $2.63 with a tip credit of up to $8.37. Full-time students working up to 20 hours in a school week may be paid 85 percent of the minimum wage under Arkansas Code 11-4-210. The Arkansas minimum wage guide covers the tipped rules, history, and earnings at the minimum, and minimum wage by state shows how Arkansas ranks nationally.
Overtime Rules
Arkansas Code 11-4-211 requires overtime "at a rate not less than one and one-half times the regular rate of pay" for hours over 40 in a workweek. The state rule tracks the FLSA, and the statute incorporates the federal exemptions by reference. Agricultural employees are excluded from the state overtime requirement. There is no daily overtime threshold.
Worked example at the minimum wage. A $11.00 employee who works 45 hours earns 40 × $11.00 = $440.00 plus 5 × $16.50 = $82.50 in overtime, for $522.50 gross. Run other rates through the overtime calculator, and see overtime pay laws by state for the states with daily rules.
Exempt status follows the federal three-part test: salary basis, at least $684 per week, and exempt duties. Arkansas does not set a higher salary level.
Meal and Rest Breaks
Arkansas has no meal or rest break requirement for adult employees. The Department of Labor and Licensing does not list break rules among the standards it enforces, and the US Department of Labor's state tables do not include Arkansas. Federal rules decide how breaks are paid when an employer chooses to offer them.
| Break type | Arkansas requirement | Federal rule if offered |
|---|---|---|
| Meal break | None for adults | Unpaid only if 30 minutes or more and fully duty-free |
| Rest break | None for adults | Breaks of 5 to 20 minutes are paid time |
| Minors | Confirm with the Labor Standards Division | Federal child labor rules apply |
See rest and meal break laws by state and plan shift breaks with the break time calculator.
Paid Sick Leave and Other Leave
Arkansas does not require private employers to provide paid sick leave, vacation, or holidays. Leave rights come from federal law and a few narrow state statutes.
| Leave type | Arkansas requirement | Notes |
|---|---|---|
| Paid sick leave | None | Employer policy governs; no local ordinances |
| Family and medical leave | Federal FMLA only | 50 or more employees; 12 weeks unpaid |
| Jury duty | Job protected | Employers may not discharge or penalize employees for jury service |
| Voting | Employers must schedule work to allow time to vote on election day | Confirm current wording with the agency |
| Military leave | Federal USERRA plus state National Guard protections | Reinstatement rights |
The national comparison is in paid sick leave laws in the US and jury duty laws in the US.
PTO Payout and Final Paychecks
Arkansas Code 11-4-405 sets the final pay rule for discharged employees. Any employee who is "discharged or refused further employment may request or demand the payment of any wages due, and, if not paid within seven (7) days from discharge," the employer owes the wages at the same rate from the date of discharge until paid, for up to 60 days unless suit is filed sooner. The Department of Labor and Licensing summarizes it as wages due by the next regular payday, with double wages owed if the employer misses the seven-day window after a demand. Employees who quit are paid on the next regular payday.
Arkansas has no statute requiring payout of unused vacation or PTO. Payout depends on the employer's written policy, and a promised payout is enforceable as wages. See PTO payout laws by state.
Under Arkansas Code 11-4-401, corporations must pay employees at least semimonthly.
Exempt vs Non-Exempt Employees
Arkansas uses the federal FLSA exemptions. A role is exempt only when it is paid on a salary basis, at $684 per week or more, and its primary duties are executive, administrative, professional, computer, or outside sales work. Job titles and salary alone do not create an exemption, and a misclassified employee can claim back overtime under both state and federal law.
Use the FLSA exemption flowchart to test each role and read exempt vs non-exempt employees for the duties tests.
Child Labor Rules
The Labor Standards Division enforces the Arkansas Child Labor Act. Its child labor page states that 14 is the minimum age for most employment and that "under Act 195 of 2023, child labor work permits (other than entertainment work permits) are no longer required." Act 687 of 2023 raised the civil and criminal penalties for violations, and the Division stresses that "all state and federal laws regarding work activities and hours will remain in effect."
| Age group | Rules |
|---|---|
| Under 14 | Generally may not be employed outside narrow exceptions such as family businesses and agriculture |
| 14 and 15 | State hour and time-of-day limits under Arkansas Code 11-6-107 apply on school days and non-school days, and federal limits (3 hours on a school day, 18 in a school week, 8 on a non-school day, 40 in a non-school week, 7 AM to 7 PM) apply to FLSA-covered employers. Confirm the current state limits in the Division's Child Labor Rules |
| 16 and 17 | State law caps daily and weekly hours and late-night work on school nights; federal hazardous occupation orders apply |
| Work permits | Not required since 2023, except entertainment permits |
Federal rules are summarized in child labor laws in the US.
Other Arkansas Employment Rules
- Student rate. Full-time students at accredited Arkansas institutions who work no more than 20 hours in a school week (40 in a non-school week) may be paid 85 percent of the minimum wage.
- Employment at will. The Department of Labor and Licensing's FAQ explains that either party "may end the employment relationship at any time for any reason or for no reason at all," with exceptions for discrimination, pregnancy, union activity, FMLA rights, and public policy.
- Local wage preemption. Arkansas law reserves minimum wage setting to the state, so cities may not set a higher rate. Confirm with the Division if a local proposal surfaces.
- Pay stubs and deductions. Deductions beyond taxes and court orders need the employee's authorization and cannot cut pay below the minimum wage; confirm the Division's current guidance before docking wages for shortages or damage.
Hiring, Termination, and Record-Keeping
The Arkansas Civil Rights Act covers employers with nine or more employees, and federal Title VII applies at 15 or more. Employers complete Form I-9 for every hire and follow the Fair Credit Reporting Act for background checks. The federal WARN Act applies to employers with 100 or more employees.
Required posters include the Arkansas minimum wage poster, the child labor poster for employers of minors, workers' compensation and unemployment insurance notices, and the federal FLSA, OSHA, EEOC, FMLA, and USERRA posters. The Division's laws and rules page links the current versions.
Keep payroll records for three years and time records for two, as the FLSA requires. A time card calculator totals a week; the timekeeping policy template documents the rules your records rely on.
Common Compliance Mistakes in Arkansas
- Ignoring a demand for final wages. The seven-day clock starts when a discharged employee requests payment. Missing it means wages keep accruing at the employee's rate for up to 60 days.
- Paying $7.25 with four or more employees. Once an employer reaches four employees the state rate of $11.00 applies, regardless of federal coverage.
- Using the student rate without the hours limit. The 85 percent student rate applies only to full-time students at accredited Arkansas institutions working 20 hours or less in a school week.
- Assuming permits ended the rules. Act 195 of 2023 removed work permits, but the hour, time-of-day, and hazardous occupation limits still apply and penalties were raised the same year.
- Taking the full federal tip credit. The Arkansas cash wage for tipped employees is $2.63, above the federal $2.13, and tips plus cash must reach $11.00 in every workweek.
- Averaging hours across a biweekly period. Overtime is owed for each workweek over 40 hours; a 45-hour week followed by a 35-hour week still produces five overtime hours.
Frequently Asked Questions
What is the minimum wage in Arkansas in 2026?
$11.00 per hour for employers with four or more employees. It has been $11.00 since January 1, 2021 and is not indexed to inflation. Tipped employees may be paid $2.63 in cash plus tips.
Does Arkansas require lunch breaks?
No. Arkansas has no meal or rest break law for adult employees. Breaks are a matter of employer policy, paid according to federal rules when offered.
When is a final paycheck due in Arkansas?
A discharged employee who demands payment must be paid within seven days, or the employer owes wages at the same rate until payment, up to 60 days. Employees who quit are paid on the next regular payday.
Is overtime required after 8 hours in a day in Arkansas?
No. Arkansas requires overtime only after 40 hours in a workweek.
Does Arkansas have paid sick leave?
No. There is no state or local paid sick leave mandate in Arkansas.
Do Arkansas employers have to pay out unused vacation?
Only if their written policy promises it. Arkansas has no vacation payout statute.
Are work permits required for minors in Arkansas?
No. Act 195 of 2023 removed the work permit requirement except for entertainment work, but all age, hour, and hazardous occupation rules still apply.
How often must Arkansas employers pay employees?
At least semimonthly under Arkansas Code 11-4-401.
Sources
- Arkansas Department of Labor and Licensing, Minimum Wage and Overtime
- Arkansas Department of Labor and Licensing, Child Labor
- Arkansas Department of Labor and Licensing, FAQs
- Arkansas statutes regulating wages and hours (PDF)
- US Department of Labor, state minimum wage laws
- US Department of Labor, state payday requirements
Reviewed September 2026
This guide summarizes Arkansas and federal rules as published by the agencies above. Laws change through legislation and agency rules, and some requirements depend on employer size. Confirm current requirements with the Arkansas Department of Labor and Licensing before making payroll or policy decisions.
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