11-4-218. Employee's remedies.

11-4-218. Employee's remedies. (a)(1) Any employer who pays any employee less than the minimum wages, including overtime compensation or compensatory time off as provided by this subchapter, to which the employee is entitled under or by virtue of this subchapter shall: (A) Pay any applicable civil penalties; and (B) Be liable to the employee affected for: (i) The full amount of the wages, less any amount actually paid to the employee by the employer; and (ii) Costs and such reasonable attorney's fees as may be allowed by the court. (2) The employee may be awarded an additional amount up to, but not greater than, the amount under subdivision (a)(1)(B)(i) of this section to be paid as liquidated damages if the employee proves the violation was willful. (b) Any agreement between the employee and employer to work for less than minimum wages shall be no defense to the action. (c) The venue of the action shall lie in the circuit court of any county in which the services that are the subject of the employment were performed. (d)(1) The Director of the Division of Labor shall have the authority to fully enforce this subchapter by instituting legal action to recover any wages that he or she determines to be due to employees under this subchapter. (2) No legal action shall be brought by the director until after notice and opportunity for hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and entry of a final administrative order. (3)(A) Following any appeals taken pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the director shall be entitled to enforce his or her final administrative order in any court of competent jurisdiction without paying costs or giving bond for costs. (B) The director's findings of fact shall be conclusive in any such proceeding. (e)(1) An employee may bring an action for equitable and monetary relief against an employer, including the State of Arkansas or a political subdivision of the state, if the employer pays the employee less than the minimum wages, including overtime wages, to which the employee is entitled under or by virtue of this subchapter. (2) If the employee brings an action under this subsection, then any complaint before the director by the employee on the same matter shall be dismissed with respect to that employee. (3)(A) The employee shall not be required to exhaust administrative remedies before bringing an action. (B) There shall be no procedural, pleading, or burden of proof requirements beyond those that apply generally to civil suits in order to maintain the action. (4) An employee shall not become a party plaintiff to an action under subdivision (e)(1) of this section unless he or she gives consent in writing to become a party to the action and files the consent in the court in which the action is brought. (f) When construing this subchapter, a court may look for guidance to state and federal decisions interpreting the Fair Labor Standards Act of 1938, as amended and codified in 29 U.S.C. § 201 et seq., as it existed on January 1, 2017, which decisions and act shall have persuasive authority only. (g) The statute of limitations for causes of action under this subchapter is two (2) years.