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11-4-211. Overtime.

Arkansas Code — all titles (historical 2020) · legal_authorities

11-4-211. Overtime.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-4-211

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:11-4-211
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9537b2297160dc2ef67a5669ad4b34f69ec7fddb1a865506151e29b4baeda21a

Source location: content.xml paragraph 1169

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11-4-211. Overtime. (a) Except as otherwise provided in this section and §§ 11-4-210 and 11-4-212, no employer shall employ any of his or her employees for a work week longer than forty (40) hours unless the employee receives compensation for his or her employment in excess of the hours above specified at a rate not less than one and one-half (1 ½) times the regular rate of pay at which he or she is employed. (b) The provisions regarding the payment of wages at one and one-half (1 ½) times the regular rate of pay for overtime services shall not be applicable with respect to agricultural employees. (c) Neither the provisions of this section nor the provisions of any other law of this state shall be construed to require the payment of compensation at a greater rate than the normal rate for services performed by agricultural employees in excess of forty (40) hours per week. (d) This section shall not apply to any employee exempt from the overtime requirements of the federal Fair Labor Standards Act pursuant to the provisions of 29 U.S.C. § 213(b)(1)-(24) and (b)(28)-(30), as they existed on March 1, 2006. (e) No public agency shall be deemed to have violated this section with respect to the employment of any employee in fire protection activities or law enforcement activities, including security personnel in correctional institutions, provided that the public agency pays overtime pay in compliance with 29 U.S.C. § 207(k), as it existed on March 1, 2006. (f) In lieu of overtime compensation, the State of Arkansas and any political subdivision of the state may award compensatory time off at a rate of not less than one and one-half (1 ½) hours for each hour of employment for which overtime compensation is required. The compensatory time off may be provided only: (1)(A) Pursuant to applicable provisions of a collective bargaining agreement, memorandum of understanding, or other agreement between the public agency and representatives of such employees. (B) In the case of employees not covered by subdivision (f)(1)(A) of this section, an agreement or understanding arrived at between the employer and employee before the performance of the work; and (2) If the employee has not terminated employment and has not accrued compensatory time in excess of the following: (A) Four hundred eighty (480) hours for police, firefighters, emergency response personnel, and employees engaged in seasonal activities; or (B) Two hundred forty (240) hours for any public employee not otherwise exempt or covered by subdivision (f)(2)(A) of this section. (g) By rule, the Director of the Division of Labor may authorize employment in excess of the standard set by subsection (a) of this section or may authorize the calculation of overtime on a basis other than the regular rate of pay required by subsection (a) of this section for employment: (1) Necessitating irregular hours of work; (2) At a piece rate; (3) Paying on a commission basis in a retail or service establishment; (4) In a hospital or enterprise engaged in the care of the sick, the aged, or individuals with mental illness; (5) By an independently-owned-and-controlled local enterprise engaged in the wholesale or bulk distribution of petroleum products; and (6) Under a collective bargaining agreement.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 207 — Maximum hours

**(a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions** (1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. (2) No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966— (A) for a workweek longer than forty-four hours during the first year from the effective date of the Fair Labor Standards Amendments of 1966, (B) for a workweek longer than forty-two hours during the second year from such date, or (C) for a workweek longer than forty hours after the expiration of the second year from such date, unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. **(b) Employment pursuant to collective bargaining agreement; employment by independently owned and controlled local enterprise engaged in distribution of petroleum products** No employer shall be deemed to have violated subsection

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 207

Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 207. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 207 — Maximum hours

Page 78 TITLE 29—LABOR § 207 as notes under this section], through exercise by Con- gress of its power to regulate commerce among the sev- eral States and with foreign nations, to correct the conditions above referred to in such industries.’’ DEFINITION OF ‘‘ADMINISTRATOR’’ The term ‘‘Administrator’’ as meaning the Adminis- trator of the Wage and Hour Division, see section 204 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions relating to enforcement and administra- tion of equal pay provisions vested by this section in Secretary of Labor and Administrator of Wage and Hour Division of Department of Labor transferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 1, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. Functions of all other officers of Department of Labor and functions of all agencies and employees of that Department, with exception of functions vested by Administrative Procedure Act (now covered by sections 551 et seq. and 701 et seq. of Title 5, Government Orga- nization and Employees) in hearing examiners em- ployed by Department, transferred to Secretary of Labor, with power vested in him to authorize their per- formance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. § 207. Maximum hours (a) Employees engaged in interstate commerce; additional applicability to employees pursu- ant to subsequent amendatory provisions (1) Except as otherwise provided in this sec- tion, no employer shall

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 207

Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 207. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 213 — Exemptions

**(a) Minimum wage and maximum hour requirements** The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this subsection) and 207 of this title shall not apply with respect to— (1) any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of subchapter II of chapter 5 of title 5, except that an employee of a retail or service establishment shall not be excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in his workweek which he devotes to activities not directly or closely related to the performance of executive or administrative activities, if less than 40 per centum of his hours worked in the workweek are devoted to such activities); or (2) Repealed. Pub. L. 101–157, § 3(c)(1), Nov. 17, 1989, 103 Stat. 939. (3) any employee employed by an establishment which is an amusement or recreational establishment, organized camp, or religious or non-profit educational conference center, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 33⅓ per centum of its average receipts for the other six months of such year, except that the exemption from sections 206 and 207 of this title provided by this paragraph does not apply with respect to any employee of a private entity engaged in providing services or facilities

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 213

Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 213. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 213 — Exemptions

Page 88 TITLE 29—LABOR § 212 § 212. Child labor provisions (a) Restrictions on shipment of goods; prosecu- tion; conviction No producer, manufacturer, or dealer shall ship or deliver for shipment in commerce any goods produced in an establishment situated in the United States in or about which within thir- ty days prior to the removal of such goods there- from any oppressive child labor has been em- ployed: Provided, That any such shipment or de- livery for shipment of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer, manufac- turer, or dealer that the goods were produced in compliance with the requirements of this sec- tion, and who acquired such goods for value without notice of any such violation, shall not be deemed prohibited by this subsection: And provided further, That a prosecution and convic- tion of a defendant for the shipment or delivery for shipment of any goods under the conditions herein prohibited shall be a bar to any further prosecution against the same defendant for ship- ments or deliveries for shipment of any such goods before the beginning of said prosecution. (b) Investigations and inspections The Secretary of Labor or any of his author- ized representatives, shall make all investiga- tions and inspections under section 211(a) of this title with respect to the employment of minors, and, subject to the direction and control of the Attorney General, shall bring all actions under section 217 of this title to enjoin any act or practice which is unlawful by reason of the ex- istence of oppressive child labor, and shall ad- minister all other provisions of this chapter re- lating to oppressive child labor. (c) Oppressive child labor No employer shall employ any oppressi

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 213

Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 213. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

11-4-210. Minimum wage.

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.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-4-210

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-4-210. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

11-4-212. Allowance for gratuities.

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.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-4-212

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-4-212. This identifies an authority to review, not proof of applicability.