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11-4-611. Action to collect unpaid wages.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-4-611. Action to collect unpaid wages.
(a) An employer who violates the provisions of § 11-4-610 shall be liable to the employee or employees affected in the amount of their unpaid wages.
(b)(1) Action to recover the wages may be maintained in any court of competent jurisdiction by any one (1) or more employees.
(2) Any agreement between the employer and the employee to work for less than the wage to which the employee is entitled under §§ 11-4-607 — 11-4-612 shall be no defense to the action.
(3) In addition to any wages recovered, the court in the action shall allow an additional equal amount as liquidated damages plus a reasonable attorney's fee and court costs.
(4) At the request of any employee paid less than the wage to which he or she is entitled under §§ 11-4-607 — 11-4-612, the Director of the Division of Labor may take an assignment of the wage claim in trust for the employee and shall bring any legal action necessary to collect the claim. The director shall not be required to pay any court costs in connection with the action.
(c) Any action to recover wages and liquidated damages based on violation of § 11-4-610 must be commenced within two (2) years of the accrual thereof and not afterwards.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-4-611
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:11-4-611
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: dd5716996ebd7ba5982f26d6584623460d6bb55f92f33ed7fab27f48f55f6708
Source location: content.xml paragraph 1712
Stored source content
11-4-611. Action to collect unpaid wages.
(a) An employer who violates the provisions of § 11-4-610 shall be liable to the employee or employees affected in the amount of their unpaid wages.
(b)(1) Action to recover the wages may be maintained in any court of competent jurisdiction by any one (1) or more employees.
(2) Any agreement between the employer and the employee to work for less than the wage to which the employee is entitled under §§ 11-4-607 — 11-4-612 shall be no defense to the action.
(3) In addition to any wages recovered, the court in the action shall allow an additional equal amount as liquidated damages plus a reasonable attorney's fee and court costs.
(4) At the request of any employee paid less than the wage to which he or she is entitled under §§ 11-4-607 — 11-4-612, the Director of the Division of Labor may take an assignment of the wage claim in trust for the employee and shall bring any legal action necessary to collect the claim. The director shall not be required to pay any court costs in connection with the action.
(c) Any action to recover wages and liquidated damages based on violation of § 11-4-610 must be commenced within two (2) years of the accrual thereof and not afterwards.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-4-607. Definitions for §§ 11-4-608 — 11-4-612.
As used in §§ 11-4-608 — 11-4-612, unless the context otherwise requires:
(1)(A) “Employee” means an individual who performs services for an employer for wages in a lawful business, industry, trade, profession, or enterprise, and the individual's employment status has been determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, § 11-1-201 et seq.
(B) “Employee” does not include a person engaged in domestic service in the home of the employer; in agricultural service, or in temporary or seasonal employment; an employee of any social club, fraternal, charitable, educational, religious, scientific, or literary association, no part of the net earnings of which inures to the benefit of any private individual;
(2) “Employer” means a person, natural or artificial, acting in the interest of an employer directly or indirectly; and
(3) “Employment” means employment of an employee under contract of hire, expressed or implied, written or oral.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-4-607
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 11-4-607. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-4-610. Wage discrimination between sexes prohibited.
(a) No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for comparable work.
(b) Nothing in §§ 11-4-607 — 11-4-612 shall prohibit a variation in rates of pay based upon a difference in seniority, experience, training, skill, ability, differences in duties and services performed, differences in the shift or time of the day worked, or any other reasonable differentiation except difference in sex.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-4-610
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 11-4-610. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-4-612. Employer to keep records.
(a) Every employer subject to §§ 11-4-607 — 11-4-612 shall keep and maintain records of the salaries and wage rates, job classifications, and other terms and conditions of employment of the persons employed by him or her and the records shall be preserved for a period of three (3) years.
(b) The records shall also be made available to the parties and to the court wherein an action to recover unpaid wages under this subchapter is pending.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-4-612
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 11-4-612. This identifies an authority to review, not proof of applicability.