What is Employee rights in Arkansas?

Arkansas employee rights include: Minimum wage of $11.00 per hour Overtime pay for hours over 40/week Protection from discrimination Reasonable accommodations for disabilities Family and medical leave (if eligible) Safe workplace Protection from retaliation

How to file employment discrimination complaint Arkansas?

Optimized Process: Contact EEOC at 1-800-669-4000 or file online Provide information about the discrimination EEOC conducts intake interview EEOC notifies employer and investigates EEOC determines if reasonable cause exists EEOC attempts conciliation or issues Right to Sue letter File lawsuit in federal court if desired

🇺🇸 Arkansas EMPLOYMENT LAW — 2026 UPDATE

Arkansas Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 17, 2026
Last Reviewed: January 17, 2026
Applicable Period: 2026
Jurisdiction: State of Arkansas, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Click any item below to jump to the relevant section

Introduction
Employment Law Framework in Arkansas
Employee Rights in Arkansas
Discrimination Laws in Arkansas
Reasonable Accommodations
Employer Obligations in Arkansas
Filing Complaints
Remote Work in Arkansas
2026 Updates and Recent Changes
Resources
Frequently Asked Questions

Introduction

Arkansas employment law establishes the legal framework governing the relationship between employees and employers throughout the state. This comprehensive guide provides detailed information about employee rights, employer obligations, wage and hour requirements, discrimination protections, and complaint procedures under Arkansas and federal employment law as of 2026.

What This Guide Covers

This guide addresses both Arkansas state employment law and federal employment law as they apply to Arkansas workers and employers. Topics include at-will employment, minimum wage and overtime, discrimination protections, reasonable accommodations, workplace safety, employer compliance requirements, and procedures for filing complaints. The information draws exclusively from official government sources including the Arkansas Department of Labor and Licensing, Arkansas legislature, federal Department of Labor, and Equal Employment Opportunity Commission.

Dual Audience: Employees and Employers

This guide serves both employees seeking to understand their workplace rights and employers working to maintain legal compliance. Employees will find information about wages, working conditions, discrimination protections, and how to assert their rights. Employers will find guidance on legal requirements, mandatory postings, recordkeeping, and compliance requirements.

2026 Updates

Arkansas employment law continues to evolve. For 2026, the state minimum wage remains $11.00 per hour as established by Initiated Act 5 of 2018. Recent legislative sessions have addressed independent contractor classification, workers’ compensation, and various licensing requirements. Federal employment law also continues to develop through agency guidance and court decisions.

Information Sources

This guide relies exclusively on official government sources including:

Arkansas Department of Labor and Licensing (https://labor.arkansas.gov)
Arkansas Code (state statutes)
Arkansas General Assembly (https://arkleg.state.ar.us)
U.S. Department of Labor (https://www.dol.gov)
Equal Employment Opportunity Commission (https://www.eeoc.gov)
Federal statutes and regulations

All citations include official .gov URLs and verification dates. No information is sourced from law firms, commercial legal databases, or non-governmental organizations.

Employment Law Framework in Arkansas

1.1 At-Will Employment Doctrine

Arkansas recognizes the doctrine of “employment at will.”

According to the Arkansas Department of Labor and Licensing:

“Arkansas recognizes the doctrine of ’employment at will’. This means that, as a general rule, either the employer or the employee may end the employment relationship at any time for any reason or for no reason at all.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

What At-Will Employment Means

For Employees:

An employer can terminate employment at any time without providing a reason
An employee can resign at any time without providing a reason
No advance notice is required by either party unless specified in a contract
The relationship is presumed to be at-will unless a written contract states otherwise

For Employers:

Employment relationships are presumed at-will unless modified by contract
Terminations do not require cause or justification under the at-will doctrine
Employment decisions must still comply with federal and state anti-discrimination laws
Exceptions to at-will employment create legal liability

Exceptions to At-Will Employment

The at-will doctrine has important exceptions under state and federal law.

According to the Arkansas Department of Labor and Licensing:

“There are, however, a number of exceptions to this general rule under state and federal law. For example, state and federal law prohibit an employer from firing an employee on the basis of age, sex, race, religion, national origin, disability or genetic information. Also, a woman cannot be fired because she is pregnant or has had an abortion.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

Four Categories of Exceptions

1. Statutory Protections (Federal and State)

Federal and state laws prohibit discrimination based on protected characteristics:

Race, color, national origin: Title VII of the Civil Rights Act, 42 U.S.C. § 2000e
Sex (including pregnancy): Title VII and Pregnancy Discrimination Act
Religion: Title VII of the Civil Rights Act
Age (40 and older): Age Discrimination in Employment Act, 29 U.S.C. § 621
Disability: Americans with Disabilities Act, 42 U.S.C. § 12101
Genetic information: Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff

Source: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm

Additional federal protections exist for:

Family and medical leave: Family and Medical Leave Act, 29 U.S.C. § 2601
Military service: Uniformed Services Employment and Reemployment Rights Act
Whistleblower activities: Various federal statutes
Union organizing: National Labor Relations Act

2. Collective Bargaining Agreements

According to the Arkansas Department of Labor and Licensing:

“If a collective bargaining agreement, or union contract covers an employee, that agreement will typically provide some protection against arbitrary termination.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

Union contracts often establish:

Just cause requirements for termination
Progressive discipline procedures
Grievance and arbitration processes
Seniority protections

3. Written Employment Contracts

According to the Arkansas Department of Labor and Licensing:

“State law may also provide a legal remedy when an employee has relied on a written promise that he will be terminated only for cause or for good reason, and was subsequently terminated arbitrarily.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

Written contracts may modify at-will employment by:

Specifying a definite term of employment
Requiring cause for termination
Establishing severance payment obligations
Creating procedural requirements for discipline

4. Public Policy Exception

According to the Arkansas Department of Labor and Licensing:

“Additionally, state law may provide protection where an employee is fired in violation of a clear public policy. This would include employees discharged for such things as refusing to break the law; serving on jury duty; obeying a subpoena; or reporting a suspected violation of state or federal law.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

Arkansas recognizes the public policy exception for terminations that:

Require the employee to violate law
Retaliate for refusing to violate law
Retaliate for performing civic duties (jury service, testifying under subpoena)
Retaliate for reporting legal violations (whistleblowing)

Additional Protections

Wage Garnishment and Withholding

According to the Arkansas Department of Labor and Licensing:

“Federal law provides some protection in the areas of garnishment and wage withholding.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

Federal law under the Consumer Credit Protection Act limits the amount of wages that can be garnished and prohibits termination based solely on wage garnishment for a single debt.

Family and Medical Leave

According to the Arkansas Department of Labor and Licensing:

“The federal Family and Medical Leave Act provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

The Family and Medical Leave Act (FMLA) provides eligible employees with job protection for qualifying absences.

Source: Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-chapter28&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/fmla

Important Notice About Legal Consultation

According to the Arkansas Department of Labor and Licensing:

“This is a changing area of the law and any answer is very dependent on the facts in any given circumstance. As a result, it is wise to consult an attorney with respect to any specific situation.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

1.2 Labor Law vs Employment Law

Understanding the distinction between “labor law” and “employment law” helps clarify which legal frameworks apply to different workplace situations.

Terminology and Scope

Employment Law is the broader framework that encompasses:

Individual employee rights (wages, hours, discrimination)
Employer obligations to all workers
Workplace safety and health
Employment contracts and termination
Anti-discrimination protections
Family and medical leave
Workers’ compensation

Labor Law is a subset of employment law that specifically addresses:

Union organizing and collective bargaining
Labor-management relations
Collective bargaining agreements
Union elections and representation
Strikes, lockouts, and other concerted activities
Unfair labor practices

Federal Framework

The primary federal labor law is the National Labor Relations Act (NLRA), which governs:

Private sector employees’ right to organize
Collective bargaining between unions and employers
Unfair labor practices by employers and unions
Union representation elections

Source: National Labor Relations Act, 29 U.S.C. § 151 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-chapter7&edition=prelim
NLRB website: https://www.nlrb.gov

Arkansas and Right-to-Work

Arkansas is a “right-to-work” state.

Source: Arkansas Constitution, Amendment 34
Available at: Arkansas Secretary of State
Additional reference: Arkansas Code § 11-3-301 et seq.

Right-to-work laws prohibit:

Requiring union membership as a condition of employment
Requiring union dues payment as a condition of employment
Union security agreements that mandate membership or payment

Right-to-work laws do NOT prohibit:

Voluntary union membership
Collective bargaining
Union organizing activities
Employees choosing union representation

When Each Framework Applies

Employment Law applies to:

All employers and employees in Arkansas
Union and non-union workplaces
Public and private sector employment (different statutes)
Individual employment relationships

Labor Law specifically applies to:

Unionized workplaces with collective bargaining agreements
Employees engaged in organizing or union activity
Disputes between unions and employers
Questions about union representation

Most Arkansas employees and employers deal primarily with employment law rather than labor law, as union membership rates are relatively low. However, employment law protections apply regardless of union status.

Employee Rights in Arkansas

2.1 Wage and Hour Rights

Minimum Wage

Current Arkansas Minimum Wage (2026)

According to the Arkansas Department of Labor and Licensing:

“Effective January 1, 2021, the minimum wage in Arkansas is $11.00 per hour.”

Source: Arkansas Department of Labor and Licensing, Minimum Wage and Overtime
Available at: https://labor.arkansas.gov/labor/labor-standards/minimum-wage-and-overtime/
Last verified: January 17, 2026

Statutory Authority:

Arkansas minimum wage was established by Initiated Act 5 of 2018, approved by voters in November 2018. The act implemented a phased increase:

$9.25 per hour effective January 1, 2019
$10.00 per hour effective January 1, 2020
$11.00 per hour effective January 1, 2021

Source: Initiated Act 5 of 2018
Available at: https://labor.arkansas.gov/labor/labor-standards/minimum-wage-and-overtime/
Last verified: January 17, 2026

Coverage

According to the Arkansas Department of Labor and Licensing:

“The Arkansas Minimum Wage Act covers employers with 4 or more employees.”

Relationship to Federal Minimum Wage

According to the Arkansas Department of Labor and Licensing:

“Employers covered by the federal Fair Labor Standards Act (FLSA) are also covered by the Arkansas law if they have 4 or more employees. An employer covered by both laws must pay the highest minimum wage.”

Current federal minimum wage (2026): $7.25 per hour

Source: Fair Labor Standards Act, 29 U.S.C. § 206(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/minimum-wage

Since Arkansas minimum wage ($11.00/hour) exceeds federal minimum wage ($7.25/hour), Arkansas employers must pay the higher state rate.

Tipped Employees

According to the Arkansas Department of Labor and Licensing:

“Tipped employees must be paid at least $2.63 per hour. The tips they earn must be enough to bring them up to the applicable minimum wage per hour. If the tips do not bring them up to minimum wage, the employer must add enough to their pay to do so. It is the employer’s responsibility to keep accurate tip records.”

Overtime Requirements

When Overtime is Required

According to the Arkansas Department of Labor and Licensing:

“An employer has to pay overtime (one and one-half times the regular rate of pay) to non-exempt employees for all hours actually worked in excess of 40 hours in a workweek.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

Detailed Explanation

According to the Arkansas Department of Labor and Licensing:

“In most cases, an employer has to pay overtime (one and one-half times the regular rate of pay) to non-exempt employees for all hours actually worked in excess of 40 hours in a workweek. This means that you may work more than 8 hours in a day or work more than a regularly scheduled shift, and still not exceed 40 hours of actual work in a workweek.”

Important Clarification About Paid Time Off

According to the Arkansas Department of Labor and Licensing:

“If your employer pays you for hours not actually worked, such as for a holiday or a sick day, then those hours do not count as hours actually worked for the purpose of state and federal overtime law.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

Federal Overtime Law

According to Fair Labor Standards Act, 29 U.S.C. § 207(a)(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.”

Source: Fair Labor Standards Act, 29 U.S.C. § 207(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/overtime

Overtime Exemptions

According to the Arkansas Department of Labor and Licensing:

“In most instances, overtime must be paid for hours worked beyond forty in a work week. However, certain employees may be exempt from overtime.”

Common overtime exemptions include:

Executive, administrative, and professional employees
Outside sales employees
Certain computer employees
Highly compensated employees

Source: 29 C.F.R. Part 541 (incorporated by Arkansas regulations)
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541
Arkansas reference: Administrative Rules Pertaining to the Arkansas Minimum Wage Act

Special Overtime Provisions

According to the Arkansas Department of Labor and Licensing:

“Additionally, some employers, such as police, fire departments, hospitals, and residential care facilities may have special overtime provisions. Contact the Labor Standards Division at (501) 682-4599 or the U.S. Dept. of Labor (501) 223-9114 for further information.”

Compensatory Time

According to the Arkansas Department of Labor and Licensing:

“Public agencies are the only employers that can award compensatory time off in lieu of paying required overtime.”

Private employers cannot substitute compensatory time for overtime pay.

Meal and Rest Breaks

Arkansas Law

According to the Arkansas Department of Labor and Licensing:

“Neither state nor federal wage and hour laws require an employer to provide a break or a meal period. (State law does require rest breaks for children under the age of 16 employed in the entertainment industry.)”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

Arkansas does not mandate meal or rest breaks for adult employees.

Break Compensation Requirements

According to the Arkansas Department of Labor and Licensing:

“Rest periods for short duration, usually 20 minutes or less, are common in industry and promote efficiency. State and federal minimum wage and overtime laws require that these short periods be counted as hours worked and that covered employees be paid for the time.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

Meal Period Compensation

According to the Arkansas Department of Labor and Licensing:

“Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee, however, must be completely relieved of duty during this time. If the employee is required to perform any duties, whether active or inactive, while eating, the meal period must be compensated as work time.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

Final Paycheck Requirements

Timing of Final Wages

According to the Arkansas Department of Labor and Licensing:

“If a company or corporation terminates the employee, the employee’s wages are due by the next regular payday. If the employer fails to make payment within 7 days of the next regular payday then the employer shall owe the employee double the wages due.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

Summary:

Wages due: Next regular payday after termination
Late payment penalty: Double wages if not paid within 7 days of regular payday
Applies to: Company or corporate employers who terminate the employee

Permissible Wage Deductions

Non-Standard Deductions

According to the Arkansas Department of Labor and Licensing:

“Non standard deductions are generally not allowed to bring the employee below minimum wage per hour for the workweek. These types of deductions including but not limited to the following: spoilage or breakage; cash or inventory shortages or losses; and fines or penalties for lateness, misconduct, or quitting by an employee without notice.”

Permitted Deductions

According to the Arkansas Department of Labor and Licensing:

“Deductions that reduce the employee below the applicable minimum wage per hour that may be made include deductions that are court ordered, wage assignments to a third party, or deductions for board, lodging, apparel, or other items and services.”

Important Compliance Note

According to the Arkansas Department of Labor and Licensing:

“It is important to note that these types of deductions can only be made in accordance with the statutes and rules of the Arkansas Minimum Wage Act.”

Filing Wage Complaints

According to the Arkansas Department of Labor and Licensing:

“If you believe you are not being paid minimum wage or overtime properly, you can file a complaint here.”

2.2 Paid Sick Leave

Arkansas does not have a state-mandated paid sick leave law.

Search conducted:

Arkansas Department of Labor and Licensing website reviewed
Arkansas Code Title 11 (Labor and Industrial Relations) reviewed
Search terms: “paid sick leave,” “sick time,” “paid leave”
Date: January 17, 2026
Result: No Arkansas state sick leave mandate found

Federal Law (FLSA)

Federal law does not require private sector employers to provide paid sick leave.

Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/general/topic/workhours/sickleave
Statement: “The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations or holidays (federal or otherwise). These benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative).”

For Arkansas Employees:

Paid sick leave policies in Arkansas are determined by:

Employer policy and employee handbooks
Employment contracts
Collective bargaining agreements (if applicable)
Employer discretion

Some employers voluntarily provide paid sick leave as a benefit. Information may be found in:

Employee handbook
Employment offer letter
Company policies
Collective bargaining agreement (if unionized)

Discrimination Laws in Arkansas

3.1 Overview of Employment Discrimination Protections

Arkansas employees are protected from employment discrimination under both federal law and state law. These protections prohibit employers from making employment decisions based on certain protected characteristics.

Federal Framework

Federal employment discrimination law applies to Arkansas employers and employees through several key statutes:

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin.

Additional federal protections include:

Age Discrimination in Employment Act (ADEA): Protects individuals 40 years and older
Americans with Disabilities Act (ADA): Protects qualified individuals with disabilities
Genetic Information Nondiscrimination Act (GINA): Protects against genetic information discrimination
Pregnancy Discrimination Act: Protects against pregnancy-based discrimination
Equal Pay Act: Prohibits sex-based wage discrimination

Arkansas State Law

Arkansas state government employment follows specific equal employment opportunity policies.

According to the Arkansas Department of Transformation and Shared Services:

“The State of Arkansas does not discriminate in access to employment opportunities or in employment or practices on the basis of race, color, religion, sex, national origin, age, disability, or genetic information.”

Source: Arkansas Department of Transformation and Shared Services, Personnel Policies and Procedures, Section 17: Equal Employment Opportunity
Authority cited: Title VII of the Civil Rights Act of 1964; Arkansas Code Ann. § 21-3-101; § 21-3-203 and § 21-12-103
Available at: https://sas.arkansas.gov/wp-content/uploads/2021/07/17-Equal-Employment-Opportunity-7.28.2021.pdf
Last verified: January 17, 2026

Arkansas Civil Rights Act

The Arkansas Civil Rights Act of 1993 provides protections in certain contexts.

According to the Arkansas Department of Inspector General:

“Arkansas Civil Rights Act of 1993 is the state mechanism that provides an individual a means to redress the deprivation of any rights, privileges, or immunities secured by the Arkansas Constitution. It prohibits discrimination based on race, religion, national origin, gender and disability.”

Source: Arkansas Department of Inspector General, Fair Housing Laws
Available at: https://ig.arkansas.gov/fair-housing/laws/
Last verified: January 17, 2026

Note: The Arkansas Civil Rights Act primarily addresses housing discrimination and civil rights deprivations. Private employment discrimination is predominantly governed by federal law in Arkansas.

3.2 Protected Classes

Federal Protected Classes

Federal law prohibits employment discrimination based on the following characteristics:

Race and Color

According to Title VII of the Civil Rights Act:

Federal law protects employees and applicants from discrimination based on race and color.

Source: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/race-color-discrimination

Race discrimination involves treating someone unfavorably because of race or because of personal characteristics associated with race. Color discrimination involves treating someone unfavorably because of skin color complexion.

Sex (Including Pregnancy, Sexual Orientation, and Gender Identity)

Federal law prohibits sex discrimination.

Source: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim

This protection includes:

Pregnancy, childbirth, and related medical conditions (Pregnancy Discrimination Act)
Sexual orientation (per Supreme Court decision in Bostock v. Clayton County, 2020)
Gender identity (per Supreme Court decision in Bostock v. Clayton County, 2020)

Religion

Federal law prohibits religious discrimination.

National Origin

Federal law prohibits national origin discrimination.

National origin discrimination involves treating people unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background.

Age (40 and Older)

According to the Age Discrimination in Employment Act:

Federal law protects individuals who are 40 years of age or older from age discrimination.

Source: Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-chapter14&edition=prelim
EEOC guidance: https://www.eeoc.gov/age-discrimination

According to Arkansas state government policy:

“The law protects individuals who are at least forty (40) years of age or older. A department is prohibited from limiting, segregating, or classifying employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee and a department cannot reduce an employee’s rate of pay because of age.”

Source: Arkansas Department of Transformation and Shared Services, Personnel Policies and Procedures, Section 17: Equal Employment Opportunity
Available at: https://sas.arkansas.gov/wp-content/uploads/2021/07/17-Equal-Employment-Opportunity-7.28.2021.pdf
Last verified: January 17, 2026

Disability

Federal law prohibits disability discrimination.

Source: Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter126&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/questions-and-answers-enforcement-guidance-disability-related-inquiries-and-medical

The ADA protects qualified individuals with disabilities who can perform the essential functions of a job with or without reasonable accommodation.

Genetic Information

Federal law prohibits discrimination based on genetic information.

Source: Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter21F&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/questions-and-answers-final-rule-implement-title-ii-genetic-information

Genetic information includes information about genetic tests, family medical history, requests for genetic services, and genetic information of a fetus or embryo.

State Government Employment Protected Classes

For Arkansas state government employees, additional protections may apply.

According to state employment policies:

Arkansas state agencies prohibit discrimination based on:

Race
Color
Religion
Sex
National origin
Age (40 and older)
Disability
Genetic information
Political belief or affiliation
Veteran status
Sexual orientation
Gender identity
Marital status

Source: Arkansas Division of Elementary and Secondary Education, Personnel Policies and Procedures
Available at: https://dese.ade.arkansas.gov/Files/ADE_Handbook_for_Website_542023_153513_20230505072322.pdf
Last verified: January 17, 2026

Note: These enhanced protections apply to state government employment. Private sector employment discrimination is governed primarily by federal law.

3.3 Types of Prohibited Discrimination

Disparate Treatment

Disparate treatment discrimination occurs when an employer treats an employee or applicant less favorably because of a protected characteristic. This is intentional discrimination.

Examples include:

Refusing to hire qualified applicants because of their race
Paying women less than men for the same work
Terminating an employee because of their religion
Denying promotions to individuals over 40 based on age

Disparate Impact

Disparate impact discrimination occurs when an employer has a policy that appears neutral but has a disproportionate adverse effect on a protected group, unless the policy is job-related and consistent with business necessity.

Examples include:

Height or weight requirements that disproportionately exclude women
Written tests that disproportionately exclude certain racial groups without being validated as job-related
Inflexible leave policies that disproportionately affect workers with disabilities

Harassment

Harassment becomes unlawful when:

Enduring the offensive conduct becomes a condition of continued employment, or
The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive

According to Arkansas state government policy:

“Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”

Retaliation

Federal law prohibits retaliation against employees who:

File a discrimination complaint
Participate in a discrimination investigation or lawsuit
Oppose discriminatory practices

According to Arkansas state government policy:

“It is illegal to retaliate against an applicant or employee because the applicant or employee complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.”

Source: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-3&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/retaliation

3.4 Sexual Harassment

Sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964.

Two Types of Sexual Harassment

1. Quid Pro Quo Harassment

Quid pro quo harassment occurs when:

Submission to unwelcome sexual conduct is made a condition of employment benefits
Employment decisions are based on submission to or rejection of sexual advances

Examples:

Supervisor promises promotion in exchange for sexual favors
Supervisor threatens termination for refusing sexual advances

2. Hostile Work Environment Harassment

Hostile environment harassment occurs when:

Unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment
The conduct is severe or pervasive enough to alter employment conditions

Examples:

Repeated unwelcome sexual comments or jokes
Display of sexually explicit materials
Unwanted physical touching of a sexual nature
Sexual advances that continue after being rejected

Employer Liability

Employers can be held liable for sexual harassment by:

Supervisors and managers
Co-workers
Non-employees (clients, customers, vendors) in certain circumstances

Employers have an obligation to:

Prevent sexual harassment through policies and training
Investigate complaints promptly and thoroughly
Take appropriate corrective action
Protect complainants from retaliation

Sexual Harassment Training Requirements

Search conducted:

Arkansas Department of Labor and Licensing website reviewed
Arkansas Code reviewed for harassment training mandates
Search terms: “sexual harassment training,” “harassment prevention training”
Date: January 17, 2026
Result: No statewide Arkansas mandate for private sector sexual harassment training found

Arkansas does not currently have a statewide law requiring private employers to provide sexual harassment prevention training. However:

Federal law encourages harassment prevention training as a best practice
Some employers may have training requirements through industry regulations
State government agencies may have internal training requirements
Employers with federal contracts may have specific training obligations

EEOC Guidance on Prevention:

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-vicarious-employer-liability-unlawful-harassment-supervisors

3.5 Enforcement and Remedies

Filing Discrimination Complaints

Employees who believe they have experienced discrimination have several options for filing complaints.

Federal: Equal Employment Opportunity Commission (EEOC)

The EEOC enforces federal employment discrimination laws.

Contact Information: Equal Employment Opportunity Commission
Memphis District Office
1407 Union Avenue, Suite 621
Memphis, TN 38104
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov

Jurisdiction: The Memphis District Office covers Arkansas, Tennessee, and North Mississippi.

How to file:

Online: https://publicportal.eeoc.gov/Portal/Login.aspx
By phone: 1-800-669-4000
In person: Memphis District Office (appointment recommended)

Filing Deadline: Charges must generally be filed within 180 days of the alleged discrimination (extended to 300 days in states with a state or local anti-discrimination agency).

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/how-file-charge-employment-discrimination

State Government Employees

State government employees may file complaints through:

Arkansas Division of Workforce Services
Equal Opportunity Office
P.O. Box 2981
Little Rock, AR 72203-2981
Phone: (501) 682-3106
Email: [email protected]

Source: Arkansas Division of Workforce Services, Equal Opportunity
Available at: https://dws.arkansas.gov/workforce-services/news-info/equal-opportunity/
Last verified: January 17, 2026

For WIOA-funded programs:

According to Arkansas Division of Workforce Services:

“If you think you have been subjected to discrimination under a WIOA Title I–financially assisted program or activity, you may file a complaint within 180 days from the date of the alleged violation.”

Source: Arkansas Division of Workforce Services, Equal Opportunity
Available at: https://dws.arkansas.gov/workforce-services/news-info/equal-opportunity/
Last verified: January 17, 2026

Available Remedies

If discrimination is found, remedies may include:

Back pay and benefits
Reinstatement or front pay
Compensatory damages (emotional distress, pain and suffering)
Punitive damages (in cases of intentional discrimination)
Attorney’s fees and costs
Injunctive relief (policy changes, training requirements)

Source: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-5&num=0&edition=prelim

Reasonable Accommodations

4.1 Disability Accommodation Requirements

Americans with Disabilities Act (ADA)

The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities.

Source: Americans with Disabilities Act, 42 U.S.C. § 12112(b)(5)(A)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Who is Protected

The ADA protects qualified individuals with disabilities who can perform the essential functions of their job with or without reasonable accommodation.

According to Arkansas state government policy:

“Under ADA, employment decisions must be based on an individual’s ability to perform the essential functions of a position with or without reasonable accommodation.”

Source: Arkansas Division of Elementary and Secondary Education, Personnel Policies
Available at: https://dese.ade.arkansas.gov/Files/ADE_Handbook_for_Website_542023_153513_20230505072322.pdf
Last verified: January 17, 2026

Definition of Disability

A disability is:

A physical or mental impairment that substantially limits one or more major life activities
A record of such an impairment
Being regarded as having such an impairment

Major life activities include:

Caring for oneself
Performing manual tasks
Seeing, hearing, eating, sleeping
Walking, standing, lifting, bending
Speaking, breathing, learning, reading
Concentrating, thinking, communicating
Working

Source: Americans with Disabilities Act, 42 U.S.C. § 12102
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102&num=0&edition=prelim

What is Reasonable Accommodation

Reasonable accommodation is any change in the work environment or in the way things are customarily done that enables a qualified individual with a disability to:

Apply for a job
Perform the essential functions of a job
Enjoy equal benefits and privileges of employment

Examples of reasonable accommodations:

Modified work schedules or part-time work
Reassignment to a vacant position
Acquisition or modification of equipment or devices
Adjustment of training materials or policies
Provision of qualified readers or interpreters
Making existing facilities accessible
Telework arrangements

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Employer Obligations

Employers must:

Provide reasonable accommodations unless doing so would cause undue hardship
Engage in an interactive process with the employee to identify effective accommodations
Consider the employee’s preference but maintain discretion in choosing among effective accommodations
Maintain confidentiality of medical information

According to Arkansas state government policy:

“The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer.”

Source: Arkansas Department of Transformation and Shared Services, Personnel Policies and Procedures
Available at: https://sas.arkansas.gov/wp-content/uploads/2021/07/17-Equal-Employment-Opportunity-7.28.2021.pdf
Last verified: January 17, 2026

4.2 The Interactive Process

The interactive process is an ongoing dialogue between the employer and employee to identify effective reasonable accommodations.

Steps in the Interactive Process:

Step 1: Recognize the Accommodation Request

Employee requests accommodation (verbal or written)
Employer recognizes disability-related need even without formal request
Request can use plain language; employee need not mention “ADA” or “accommodation”

Step 2: Gather Information

Employer may request medical documentation if disability is not obvious
Documentation should describe:
- Nature of the impairment
- How it limits major life activities
- Need for accommodation
- Suggested accommodations (if any)
Employer must keep medical information confidential

Step 3: Explore Accommodation Options

Identify essential job functions
Discuss potential accommodations with employee
Consider employee’s preferred accommodation
Identify other possible effective accommodations

Step 4: Choose and Implement Accommodation

Select an effective accommodation
Employer has final choice among effective options
Preference should be given to employee’s choice when equally effective
Implement accommodation on a trial basis if appropriate
Document the accommodation provided

Step 5: Monitor Effectiveness

Follow up to ensure accommodation is effective
Modify accommodation if needed
Continue interactive process as circumstances change
Re-evaluate periodically

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

4.3 Undue Hardship Exception

Employers are not required to provide accommodations that would cause “undue hardship.”

Definition of Undue Hardship

Undue hardship means significant difficulty or expense in relation to:

The nature and cost of the accommodation
The overall financial resources of the facility making the accommodation
The number of employees at the facility
The effect on expenses and resources at the facility
The overall financial resources, size, and number of facilities of the employer
The type of operation of the employer
The impact of the accommodation on the facility’s operations

Source: Americans with Disabilities Act, 42 U.S.C. § 12111(10)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111&num=0&edition=prelim

According to Arkansas state government policy:

“Undue Hardship: An action requiring significant difficulty or expense by the employer. When determining whether an accommodation would impose an undue hardship, AHS will consider several factors including the nature and cost of the accommodation.”

Source: Arkansas Department of Human Services, RFP Personnel Policies
Available at: https://humanservices.arkansas.gov/wp-content/uploads/710-23-074-AHS_Technical_Redacted.pdf
Last verified: January 17, 2026

Important Notes:

Undue hardship is determined case-by-case
The burden of proving undue hardship is on the employer
Cost alone is rarely sufficient to establish undue hardship for larger employers
Employers must consider all resources available, not just the specific facility

4.4 Religious Accommodations

Title VII of the Civil Rights Act requires employers to reasonably accommodate employees’ sincerely held religious beliefs unless doing so would cause undue hardship.

Source: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e(j)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation

What Requires Accommodation

Religious beliefs and practices include:

Religious observance and practice
Religious dress and grooming
Religious expression in the workplace

Common religious accommodations:

Schedule changes to accommodate religious observances
Voluntary shift substitutions or swaps
Exceptions to dress codes for religious attire
Time and place for prayer during work hours
Exemptions from union dues based on religious objection

Undue Hardship for Religious Accommodation

For religious accommodations, undue hardship means more than minimal cost or burden on the employer.

This is a lower threshold than for disability accommodations. Undue hardship may exist if the accommodation would:

Impose more than minimal cost on the employer
Require other employees to take on hazardous or burdensome work
Diminish workplace efficiency
Infringe on other employees’ job rights or benefits
Compromise workplace safety

4.5 Pregnancy Accommodations

The Pregnancy Discrimination Act prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.

Source: Pregnancy Discrimination Act (amendment to Title VII), 42 U.S.C. § 2000e(k)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-pregnancy-discrimination-and-related-issues

Under federal law:

Pregnant employees must be treated the same as other employees similar in their ability or inability to work
If an employer provides accommodations to other employees with temporary limitations, they must provide them to pregnant employees
Reasonable accommodations may include modified duties, light duty, additional breaks, schedule changes

Arkansas State Law Search:

Arkansas Code reviewed for pregnancy accommodation mandates
Arkansas Department of Labor and Licensing website reviewed
Search date: January 17, 2026
Result: No separate Arkansas state pregnancy accommodation statute found beyond federal requirements

Arkansas employers must comply with federal Pregnancy Discrimination Act requirements.

4.6 How to Request Accommodation

For Employees

Step 1: Request Accommodation

Request can be oral or written
Use plain language; formal words like “ADA” or “accommodation” not required
Examples: “I need assistance because of a medical condition” or “I need a schedule change for religious reasons”
Be prepared to explain how the condition affects work performance

Step 2: Provide Information

Employer may request medical documentation for disability accommodations
Describe functional limitations and suggested accommodations
Consult with your doctor about workplace restrictions and possible solutions

Step 3: Participate in Interactive Process

Discuss potential accommodations with employer
Be flexible and willing to consider alternatives
Focus on finding an effective solution
Keep communications professional and documented

Step 4: Follow Up

Ensure accommodation is implemented
Report if accommodation is not effective
Request modifications if circumstances change

For Employers

Step 1: Recognize Request

Train supervisors to recognize accommodation requests
Respond promptly to requests
Begin interactive process

Step 2: Gather Information

Request medical documentation if disability is not obvious
Ask only for information necessary to establish disability and need for accommodation
Keep medical information confidential (separate from personnel file)

Step 3: Engage in Interactive Process

Meet with employee to discuss accommodation needs
Identify essential job functions
Explore possible accommodations
Consider employee’s preference

Step 4: Provide Response

Approve effective accommodation
If denying request, explain why (undue hardship) and offer alternatives
Document the process and decision
Implement approved accommodation promptly

Step 5: Monitor and Adjust

Check effectiveness of accommodation
Make modifications as needed
Continue dialogue with employee
Document ongoing accommodation needs

Resources for Employers:

Free consulting service about accommodations
Phone: 1-800-526-7234

Equal Employment Opportunity Commission
Technical assistance and guidance
Phone: 1-800-669-4000
Website: https://www.eeoc.gov

Employer Obligations in Arkansas

5.1 Required Workplace Postings

Arkansas employers must display certain notices to inform employees of their rights under state and federal law.

According to the Arkansas Department of Labor and Licensing:

“The following is a list of required State and Federal employee notices. The list includes the notice to be posted, employers who are required to post the notice, and information on how to obtain the notice. All posting requirements must be posted in a conspicuous place so as to be accessible to all employees. Failure to post notices can result in stiff penalties and possible fines.”

Source: Arkansas Department of Labor and Licensing, Required Postings
Available at: https://labor.arkansas.gov/resources/required-postings/
Last verified: January 17, 2026

Arkansas State Posting Requirements

1. Notice to Employer and Employee

Required for: All employers covered by Arkansas minimum wage law (4 or more employees)

Content: Arkansas minimum wage and overtime requirements

How to obtain: Download from Arkansas Department of Labor and Licensing
Available at: https://labor.arkansas.gov/resources/required-postings/

2. Arkansas Human Trafficking Notice

Required for: All employers

Content: Information about human trafficking and resources for victims

How to obtain: Download from Arkansas Department of Labor and Licensing
Available at: https://labor.arkansas.gov/resources/required-postings/

3. Chemical Right to Know Poster

Required for: Employers with hazardous chemicals in the workplace

Content: Employee rights under Arkansas Chemical Right to Know Act

How to obtain: Download from Arkansas Department of Labor and Licensing
Available at: https://labor.arkansas.gov/resources/required-postings/

Federal Posting Requirements

1. Fair Labor Standards Act (FLSA) Minimum Wage Poster

Required for: Employers covered by FLSA

Content: Federal minimum wage, overtime, child labor, and recordkeeping requirements

How to obtain: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters

2. Equal Employment Opportunity is the Law

Required for: Employers with 15 or more employees (Title VII, ADA), employers with 20 or more employees (ADEA)

Content: Federal anti-discrimination laws and protected classes

How to obtain: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/poster

3. Employee Polygraph Protection Act

Required for: Most private employers

Content: Rights regarding lie detector tests

How to obtain: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters

4. Family and Medical Leave Act (FMLA)

Required for: Employers with 50 or more employees within 75 miles

Content: Employee rights to unpaid, job-protected leave for family and medical reasons

How to obtain: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters/fmla

5. Occupational Safety and Health (OSHA)

Required for: Most employers

Content: Employee rights to a safe workplace

How to obtain: Occupational Safety and Health Administration
Available at: https://www.osha.gov/publications/poster

6. Employee Rights Under the National Labor Relations Act

Required for: Most private sector employers

Content: Rights to organize and engage in collective bargaining

How to obtain: National Labor Relations Board
Available at: https://www.nlrb.gov/about-nlrb/what-we-do/posters

7. Uniformed Services Employment and Reemployment Rights Act (USERRA)

Required for: All employers

Content: Rights of military service members

How to obtain: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/vets/programs/userra/poster

8. E-Verify Participation Poster (if applicable)

Required for: Employers who participate in E-Verify

Content: Notice of E-Verify participation and employee rights

How to obtain: E-Verify Program
Available at: https://www.e-verify.gov/employers/required-posters

Posting Requirements

According to the Arkansas Department of Labor and Licensing:

“All posting requirements must be posted in a conspicuous place so as to be accessible to all employees.”

Source: Arkansas Department of Labor and Licensing, Required Postings
Available at: https://labor.arkansas.gov/resources/required-postings/
Last verified: January 17, 2026

Best practices:

Post in break rooms, near time clocks, or other high-traffic employee areas
Ensure posters are visible and not obstructed
Post in languages spoken by employees if available
Keep posters current and replace outdated versions
Display all required posters simultaneously

Contact for Questions

According to the Arkansas Department of Labor and Licensing:

“Employers who are not sure who they are covered under can contact the U.S. Department of Labor at (501) 324-5292 or the Arkansas Department of Labor and Licensing at (501) 682-4534.”

Source: Arkansas Department of Labor and Licensing, Required Postings
Available at: https://labor.arkansas.gov/resources/required-postings/
Last verified: January 17, 2026

5.2 New Hire Reporting

Arkansas employers must report newly hired and rehired employees to the state.

Arkansas New Hire Reporting

Who must report: All Arkansas employers, including government agencies, nonprofit organizations, and private employers

What to report: Every newly hired or rehired employee

When to report: Within 20 days of the employee’s first day of work

How to report:

Online: Arkansas New Hire Reporting Center
By mail: Arkansas New Hire Reporting Center
By fax: Contact program for fax information

Information required:

Employer name, address, and Federal Employer Identification Number (FEIN)
Employee name, address, and Social Security number
Employee’s first date of work

Purpose: New hire reporting helps locate parents for child support enforcement.

Contact Information: Arkansas New Hire Reporting Center
P.O. Box 8917
Little Rock, AR 72203-8917
Phone: (888) 233-6294

Source: Arkansas Office of Child Support Enforcement
Federal authority: Personal Responsibility and Work Opportunity Reconciliation Act of 1996

5.3 Recordkeeping Requirements

Arkansas Recordkeeping Requirements

Arkansas minimum wage and overtime law requires employers to maintain certain records.

According to administrative rules:

Arkansas employers must maintain records for employees covered by the Arkansas Minimum Wage Act.

Records required:

Employee’s full name, address, occupation, and classification
Hours worked each workday and total hours each workweek
Regular hourly rate of pay
Total daily or weekly straight-time earnings
Total overtime earnings for the workweek
All additions to or deductions from wages
Total wages paid each pay period
Date of payment and pay period covered

Retention period: 3 years

Source: Arkansas Administrative Rules Pertaining to the Arkansas Minimum Wage Act
Reference: Arkansas Department of Labor and Licensing

Federal Recordkeeping Requirements (FLSA)

Employers covered by the Fair Labor Standards Act must maintain records.

Records required:

Personal information: Employee’s name, home address, occupation, sex, and birth date if under 19
Hours worked: Time of day and day of week when workweek begins, hours worked each day, total hours each workweek
Wages: Regular hourly rate, total daily or weekly straight-time earnings, total overtime pay, additions or deductions, total wages, date of payment
Basis of pay: If paid by the piece, unit, or other basis

Retention period: 3 years for payroll records; 2 years for time cards and wage computation records

Source: Fair Labor Standards Act, 29 C.F.R. § 516
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-516
DOL guidance: https://www.dol.gov/agencies/whd/fact-sheets/21-recordkeeping

Equal Employment Opportunity Recordkeeping

Employers covered by Title VII, ADA, ADEA must maintain employment records.

Records required:

Personnel or employment records for each employee
Applications, resumes, and other employment records relating to hiring, promotion, demotion, transfer, layoff, termination, rates of pay, selection for training

Retention period:

1 year from date of making the record or taking the personnel action (whichever is later)
If a charge of discrimination is filed, preserve until final disposition

Source: Equal Employment Opportunity Commission regulations
Official text: 29 C.F.R. § 1602
EEOC guidance: https://www.eeoc.gov/employers/small-business/recordkeeping-and-posting-notices

Form I-9 Employment Eligibility Verification

All U.S. employers must complete and retain Form I-9 for each employee.

Requirement: Verify identity and employment authorization of all employees hired after November 6, 1986

Timing:

Employee completes Section 1 on or before first day of work
Employer examines documents and completes Section 2 within 3 business days of employee’s start date

Retention period:

3 years after date of hire, or
1 year after employment ends, whichever is later

Storage: May be kept electronically or in paper form; separate from personnel files

Source: Immigration Reform and Control Act, 8 U.S.C. § 1324a
Form I-9: https://www.uscis.gov/i-9
Instructions: https://www.uscis.gov/i-9-central

5.4 E-Verify (If Applicable)

E-Verify is a federal electronic system that allows employers to verify employment eligibility.

E-Verify in Arkansas:

Search conducted:

Arkansas legislation reviewed for E-Verify mandates
Arkansas Code reviewed
Search date: January 17, 2026
Result: No current statewide E-Verify mandate for all private employers found

E-Verify participation is:

Mandatory for federal contractors and subcontractors with certain contracts
Mandatory for some state agencies and contractors
Voluntary for most private employers

For employers who use E-Verify:

Requirement: Enroll in E-Verify program and verify all new hires

Timing: Create E-Verify case no later than 3 business days after employee starts work

Process:

Complete Form I-9
Create E-Verify case
Resolve any tentative nonconfirmations (TNCs)
Close case after receiving final result

Required postings:

E-Verify Participation Poster
Right to Work Poster

Source: U.S. Citizenship and Immigration Services
E-Verify website: https://www.e-verify.gov

5.5 Wage Payment Requirements

Arkansas law establishes requirements for payment of wages.

Wage Payment Timing

According to Arkansas Department of Labor and Licensing guidance on final paychecks:

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

Regular Paydays

Arkansas employers must establish regular paydays for ongoing employment. While Arkansas law does not specify the frequency of pay periods, employers must:

Establish a regular payday
Pay employees on that schedule
Comply with the schedule consistently

Permissible Deductions

According to the Arkansas Department of Labor and Licensing:

Permitted deductions include:

Deductions required by law (taxes, garnishments, child support)
Deductions authorized in writing by the employee (insurance, retirement, union dues)
Court-ordered deductions
Deductions for board, lodging, or other facilities if properly documented

Filing Complaints

6.1 When to File a Complaint

Employees may consider filing a complaint when they believe:

Their employer has violated wage and hour laws
They have experienced discrimination or harassment
They have been retaliated against for protected activity
Their workplace is unsafe
They have been denied a required accommodation
Their employment rights have been violated

Important: Some complaints have strict filing deadlines. Do not delay if you believe your rights have been violated.

6.2 Wage and Hour Complaints: Arkansas Department of Labor and Licensing

For Arkansas minimum wage and overtime violations:

According to the Arkansas Department of Labor and Licensing:

“If you believe you are not being paid minimum wage or overtime properly, you can file a complaint here.”

How to File:

Arkansas Department of Labor and Licensing
Labor Standards Division
10421 West Markham Street
Little Rock, AR 72205
Phone: (501) 682-4534
Online complaint: https://labor.arkansas.gov/labor/labor-standards/wage-claims/

What to Provide:

Your contact information
Employer’s name and address
Description of the wage violation
Dates of employment
Pay rate and hours worked
Copies of pay stubs, time records (if available)
Amount of unpaid wages claimed

Timeline: File as soon as possible after the violation. Arkansas law may limit the time to file claims.

6.3 Discrimination Complaints: EEOC and Arkansas Agencies

Federal Discrimination Complaints: EEOC

For violations of Title VII, ADA, ADEA, EPA, or GINA:

Equal Employment Opportunity Commission
Memphis District Office
1407 Union Avenue, Suite 621
Memphis, TN 38104
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov

How to File:

Online: https://publicportal.eeoc.gov/Portal/Login.aspx
By phone: Call 1-800-669-4000 for intake interview
In person: Schedule appointment at Memphis office

Filing Deadline:

180 days from the date of discrimination (federal)
Extended to 300 days in states with state/local anti-discrimination agency

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/how-file-charge-employment-discrimination

What Happens After Filing:

EEOC notifies employer
EEOC investigates charge
EEOC determines if reasonable cause exists
EEOC attempts conciliation if cause found
EEOC issues Right to Sue letter
Charging party may file lawsuit in federal court

State/Local Agency for Certain Programs

For discrimination in WIOA-funded programs:

Arkansas Division of Workforce Services
Equal Opportunity Office
P.O. Box 2981
Little Rock, AR 72203-2981
Phone: (501) 682-3106
Email: [email protected]

According to the Arkansas Division of Workforce Services:

Source: Arkansas Division of Workforce Services, Equal Opportunity
Available at: https://dws.arkansas.gov/workforce-services/news-info/equal-opportunity/
Last verified: January 17, 2026

6.4 Workplace Safety: OSHA

Federal OSHA Complaints

For workplace safety violations:

Occupational Safety and Health Administration
Little Rock Area Office
10810 Executive Center Drive, Suite 302
Little Rock, AR 72211
Phone: (501) 223-2666
Website: https://www.osha.gov

How to File:

Online: https://www.osha.gov/workers/file-complaint
By phone: Call local OSHA office
By mail: Send written complaint to local office
Anonymous: Complaints may be filed anonymously

What to Include:

Workplace address where hazard exists
Description of the hazard
How the hazard threatens worker safety
Your contact information (if not anonymous)

Retaliation Protection: OSHA prohibits retaliation against workers who file complaints or participate in inspections.

Source: Occupational Safety and Health Act, 29 U.S.C. § 654
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section654&num=0&edition=prelim
OSHA guidance: https://www.osha.gov/workers

Arkansas OSHA Consultation Program (For Employers)

Free, confidential consultation for Arkansas employers:

Arkansas OSHA Consultation Program
Department of Labor and Licensing
10421 West Markham Street
Little Rock, AR 72205
Phone: (501) 682-4522
Website: https://labor.arkansas.gov/labor/occupational-safety-and-health/osha-consultation-sharp-and-vpp/

Note: This is a voluntary consultation program for employers, not a complaint mechanism for employees.

6.5 Family and Medical Leave Violations

For FMLA violations:

U.S. Department of Labor
Wage and Hour Division
Danville Building 2, Suite 220
10810 Executive Center Drive
Little Rock, AR 72221
Phone: (501) 223-9114
Website: https://www.dol.gov/agencies/whd

How to File:

Online: https://www.dol.gov/agencies/whd/contact/complaints
By phone: Call local Wage and Hour Division office
By mail: Send written complaint to local office

Filing Deadline: 2 years from the alleged violation (3 years if willful)

Source: Family and Medical Leave Act, 29 U.S.C. § 2617
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2617&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/fmla

6.6 Private Lawsuit Option

In some cases, employees may file a lawsuit in court instead of or in addition to filing an administrative complaint.

When Private Lawsuits May Be Filed:

Wage and Hour: Private lawsuit for FLSA violations after filing complaint with Department of Labor

Discrimination: Private lawsuit after receiving Right to Sue letter from EEOC (generally issued 180 days after charge filed or when EEOC completes investigation)

FMLA: Private lawsuit for FMLA violations (may file simultaneously with DOL complaint or instead of DOL complaint)

Retaliation: Private lawsuits for various retaliation claims under different statutes

Important Considerations:

Strict filing deadlines apply
Legal representation is strongly recommended
Must exhaust administrative remedies for some claims
Potential for attorney’s fees if successful
Risk of litigation costs if unsuccessful

Legal counsel may provide information about:

Which claims you may have
Filing deadlines for each claim
Whether administrative complaints must be filed first
Pros and cons of litigation vs. settlement
Estimated timeline and costs

6.7 Filing Complaint Considerations

Documentation Considerations:

Keep copies of pay stubs, time records, schedules
Save emails, texts, and other communications
Document dates, times, witnesses to incidents
Keep a personal diary of events
Photograph workplace conditions (if safe and legal)

Timing Considerations:

Note filing deadlines
Don’t wait until the last minute
Gather documentation while still employed if possible
File complaint as soon as you become aware of violation

Information to Provide:

Provide truthful information
Include all relevant details
List all witnesses
Attach supporting documents
Update agency if new information arises

Retaliation Protections:

Understand retaliation protections
Report any retaliation immediately
Keep personal copies of all filings
Maintain professionalism
Consult an attorney if needed

Process Information:

Research what to expect
Respond to agency requests promptly
Attend scheduled appointments
Cooperate with investigations
Be patient—investigations take time

6.8 Complaint Process Quick Reference

Wage/Overtime Issues:

Agency: Arkansas Department of Labor and Licensing
Phone: (501) 682-4534
Website: https://labor.arkansas.gov
Deadline: File promptly

Discrimination/Harassment:

Agency: Equal Employment Opportunity Commission
Phone: 1-800-669-4000
Website: https://www.eeoc.gov
Deadline: 180-300 days from discrimination

Workplace Safety:

Agency: OSHA
Phone: (501) 223-2666
Website: https://www.osha.gov
Deadline: File promptly

Family/Medical Leave:

Agency: U.S. Department of Labor, WHD
Phone: (501) 223-9114
Website: https://www.dol.gov/agencies/whd
Deadline: 2-3 years from violation

Remote Work in Arkansas

7.1 Remote Work in Arkansas

Remote work (also called telework or telecommuting) has become increasingly common. Arkansas employment law generally applies to remote workers the same as on-site workers.

Arkansas Law on Remote Work:

Search conducted:

Arkansas Code reviewed for remote work statutes
Arkansas Department of Labor and Licensing website reviewed
Search terms: “remote work,” “telework,” “telecommuting,” “work from home”
Search date: January 17, 2026
Result: No specific Arkansas statute creating a “right to request” remote work or mandating remote work provisions found

Key Principles:

Employment Law Applies: Arkansas and federal employment laws apply to remote workers, including:

Minimum wage and overtime requirements
Anti-discrimination protections
Workers’ compensation coverage
Workplace safety obligations (to extent applicable to home workspace)
Recordkeeping requirements

Employer Policies Control: In the absence of specific laws mandating remote work:

Employers determine whether to offer remote work
Employers establish policies for remote work eligibility
Employers may require return to office at their discretion (subject to accommodation obligations)
Remote work arrangements are typically at-will, like other employment

Wage and Hour Considerations:

For Non-Exempt (Overtime-Eligible) Remote Workers:

Employers must track hours worked
Overtime must be paid for hours over 40/week
Employees must accurately report time worked
“Off the clock” work must be compensated
Meal and rest breaks follow same rules as on-site work

For Exempt Employees:

Salary basis requirements still apply
Improper deductions can destroy exemption
Job duties must still meet exemption tests

7.2 Reasonable Accommodation and Remote Work

Remote work may be a reasonable accommodation for employees with disabilities or for religious reasons.

Disability Accommodation:

According to EEOC guidance, employers should consider telework as a reasonable accommodation when:

Employee has a disability covered by ADA
Telework would enable employee to perform essential job functions
Telework would not cause undue hardship
Physical presence at workplace is not an essential function

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/guidance/work-home-telework-reasonable-accommodation

Interactive Process Required:

Employee requests telework as accommodation
Employer engages in interactive process
Employer evaluates whether essential functions can be performed remotely
Employer determines if accommodation would cause undue hardship
Employer provides accommodation or explains why it would cause undue hardship

Religious Accommodation:

Telework may be a reasonable accommodation for religious practices if:

Employee has sincerely held religious belief requiring accommodation
Telework would enable employee to observe religious practice
Accommodation would not cause undue hardship (more than minimal cost/burden)

Example: Employee requests to work from home on religious observance day to avoid traveling to distant workplace.

7.3 Return to Office Mandates

Employers generally have the right to require employees to return to the office (RTO), subject to accommodation obligations.

Employer Authority:

At-will employment permits employers to:

Change work location requirements
Require return to office
End remote work arrangements
Set hybrid schedules
Terminate employees who refuse to return

Exception: Reasonable Accommodation Obligation

Even when implementing RTO mandates, employers must:

Consider accommodation requests from employees with disabilities
Engage in interactive process
Grant accommodations unless undue hardship exists
Not discriminate or retaliate

Example Scenario:

Employer announces all employees must return to office 5 days/week.

Employee with disability requests continued remote work as reasonable accommodation.

Employer must:

Engage in interactive process
Evaluate if employee can perform essential functions remotely
Determine if remote work causes undue hardship
Either grant accommodation or explain undue hardship and offer alternative

Employer cannot:

Refuse to consider accommodation request
Terminate employee for requesting accommodation
Deny accommodation without proper analysis

7.4 Additional Remote Work Resources

For comprehensive information about remote work laws, workplace flexibility, and return-to-office policies, consult:

Federal Resources:

U.S. Department of Labor: https://www.dol.gov
Equal Employment Opportunity Commission (accommodation): https://www.eeoc.gov
Occupational Safety and Health Administration (home office safety): https://www.osha.gov

Arkansas Resources:

Arkansas Department of Labor and Licensing: https://labor.arkansas.gov
Contact: (501) 682-4534

Note: Remote work law continues to develop. Employers and employees should stay informed about new legislation, regulations, and guidance.

2026 Updates and Recent Changes

8.1 Current Status of Arkansas Employment Law (2026)

As of January 2026, Arkansas employment law maintains stability in several key areas:

Minimum Wage

Arkansas minimum wage remains $11.00 per hour effective since January 1, 2021.

Source: Initiated Act 5 of 2018
Department confirmation: https://labor.arkansas.gov/labor/labor-standards/minimum-wage-and-overtime/
Last verified: January 17, 2026

No increase to Arkansas minimum wage is scheduled for 2026 under current law.

At-Will Employment Doctrine

Arkansas continues to recognize employment-at-will with established exceptions for:

Discrimination based on protected characteristics
Retaliation for protected activities
Public policy violations
Breach of employment contracts

No New Protected Classes

Arkansas has not enacted additional state-level employment discrimination protections beyond federal requirements. Employees remain protected under federal law (Title VII, ADA, ADEA, GINA, etc.).

8.2 2025 Legislative Session Actions

The Arkansas General Assembly held its 2025 regular session. According to legislative records:

“The legislature officially adjourned the 2025 regular session on May 5, and is not scheduled to convene again until the 2026 fiscal session.”

Source: Arkansas Senate, Weekly Updates
Available at: https://senate.arkansas.gov/2025/
Date: May 27, 2025
Last verified: January 17, 2026

Employment-Related Legislation in 2025:

Act 743 – Independent Contractor Classification

HB1291 was signed into law addressing independent contractor classification.

According to legislative reporting:

“Act 743 adopts the ‘factors enumerated by the Internal Revenue Service in 26 C.F.R. § 31.3121(d)-1, as it existed on January 1, 2025’ to determine the employment status of an individual as an employee or independent contractor.”

Source: Report on the Acts of the 2025 Regular Session Requiring Rulemaking
Available at: https://www.arkleg.state.ar.us/Home/FTPDocument?path=/Assembly/Meeting+Attachments/040/27681/E.18+Department+of+Labor+and+Licensing_10.1.25.pdf
Date: October 1, 2025
Last verified: January 17, 2026

This legislation affects:

Arkansas Minimum Wage Act employee definition
Workers’ Compensation Law
Wage Discrimination Law
Division of Workforce Services Law

Act 397 – Minimum Wage Act Amendments

HB1291 made amendments to the minimum wage act.

According to legislative reporting:

“Act 397… tolling of ADLL’s statute of limitations until a final administrative order is entered and all appeals are exhausted.”

The Arkansas Department of Labor and Licensing is amending minimum wage rules to implement these acts.

Other 2025 Actions:

Additional bills signed in 2025 addressed:

Workers’ compensation appropriations (HB1104)
Department of Labor and Licensing operations
Various professional licensing matters

Source: Arkansas Governor’s Office, Bills Signed
Available at: https://governor.arkansas.gov
Last verified: January 17, 2026

8.3 Pending Legislation and Regulatory Changes

2026 Fiscal Session

According to the Arkansas Senate:

“The legislature will consider spending bills during next year’s fiscal session, which begins at noon on the second Wednesday in April.”

Source: Arkansas Senate, Weekly Updates
Available at: https://senate.arkansas.gov/2025/
Last verified: January 17, 2026

Expected Focus:

Fiscal year 2027 appropriations
Budget-related legislation
Potentially limited policy changes (fiscal sessions typically focus on budget)

Regulatory Updates:

The Arkansas Department of Labor and Licensing is drafting administrative rules to implement 2025 legislative changes.

Status as of January 2026:

Minimum Wage Act rule amendments in progress
Public comment period expected
Implementation timeline to be determined

Source: Arkansas Department of Labor and Licensing
Contact: (501) 682-4534

8.4 Federal Employment Law Developments (2026)

Federal employment law continues to evolve through:

Agency rulemaking and guidance
Court decisions interpreting statutes
Congressional legislation (if enacted)

Key Federal Areas to Monitor:

Department of Labor Initiatives:

Minimum wage discussions (federal level remains $7.25/hour)
Overtime rule updates
Independent contractor classification guidance
Joint employer standards

EEOC Enforcement Priorities:

Discrimination and harassment prevention
Pregnancy accommodation enforcement
Religious accommodation
Retaliation protections

OSHA Standards:

Workplace safety rules
COVID-19 guidance updates
Industry-specific standards

Federal Resources:

U.S. Department of Labor: https://www.dol.gov
Equal Employment Opportunity Commission: https://www.eeoc.gov
Occupational Safety and Health Administration: https://www.osha.gov
National Labor Relations Board: https://www.nlrb.gov

8.5 How to Stay Informed About Employment Law Changes

Arkansas State Law:

Arkansas General Assembly
Website: https://arkleg.state.ar.us
Track legislation: Bill tracking system
Session updates: Committee schedules and updates

Arkansas Department of Labor and Licensing
Website: https://labor.arkansas.gov
Phone: (501) 682-4534
Sign up for: Email alerts and newsletters
Check: Proposed rule-making notices

Federal Law:

U.S. Department of Labor
Website: https://www.dol.gov
Subscribe: News releases and guidance
Check: Regulatory agenda

Equal Employment Opportunity Commission
Website: https://www.eeoc.gov
Subscribe: EEOC newsroom
Review: Technical assistance publications

Occupational Safety and Health Administration
Website: https://www.osha.gov
Subscribe: QuickTakes newsletter
Monitor: Standards and enforcement

Professional Resources:

Legal Counsel: Consult an employment attorney for:

Interpretation of new laws
Application to specific situations
Compliance strategies
Policy updates

Industry Associations: Trade associations often provide:

Legal updates relevant to industry
Compliance training
Networking with peers
Best practice sharing

HR Professional Organizations:

Employment law updates
Training and certification
Resources and tools
Peer support

8.6 Quarterly Review Schedule

This guide follows a quarterly review schedule for 2026:

Quarter 1 (January-March 2026):

Review: Completed January 17, 2026
Focus: 2026 legislative session preparation
Next review: April 2026

Quarter 2 (April-June 2026):

Scheduled: April 2026
Focus: Legislative session outcomes
Monitor: New law effective dates

Quarter 3 (July-September 2026):

Scheduled: July 2026
Focus: Mid-year federal updates
Review: Regulatory changes

Quarter 4 (October-December 2026):

Scheduled: October 2026
Focus: Year-end compliance
Preview: 2027 changes

Contact for Updates:

For questions about this guide or employment law compliance:

Arkansas Department of Labor and Licensing
Phone: (501) 682-4534
Website: https://labor.arkansas.gov

U.S. Department of Labor
Phone: 1-866-487-2365
Website: https://www.dol.gov

Equal Employment Opportunity Commission
Phone: 1-800-669-4000
Website: https://www.eeoc.gov

Resources

10.1 State Government Agencies

Arkansas Department of Labor and Licensing

Main Office:
10421 West Markham Street
Little Rock, AR 72205
Phone: (501) 682-4534
Website: https://labor.arkansas.gov

Services:

Wage and hour complaints
Minimum wage and overtime information
Child labor law compliance
Workplace safety consultation
Workers’ compensation administration
Professional licensing

Labor Standards Division:
Phone: (501) 682-4534
Wage claims: https://labor.arkansas.gov/labor/labor-standards/wage-claims/

Occupational Safety and Health Consultation:
Phone: (501) 682-4522
Website: https://labor.arkansas.gov/labor/occupational-safety-and-health/osha-consultation-sharp-and-vpp/

Arkansas Division of Workforce Services

Main Office:
P.O. Box 2981
Little Rock, AR 72203
Phone: (501) 682-2121
Website: https://dws.arkansas.gov

Services:

Unemployment insurance
Job search assistance
Workforce training programs
Labor market information

Equal Opportunity Office:
Phone: (501) 682-3106
Email: [email protected]
Website: https://dws.arkansas.gov/workforce-services/news-info/equal-opportunity/

Arkansas New Hire Reporting Center

P.O. Box 8917
Little Rock, AR 72203-8917
Phone: (888) 233-6294
Website: Contact Arkansas Department of Finance and Administration

Purpose: Report newly hired and rehired employees within 20 days

Arkansas Department of Inspector General

Fair Housing Office:
Phone: (501) 682-1029
Website: https://ig.arkansas.gov/fair-housing/

Services:

Fair housing complaint investigation
Fair housing information and education

10.2 Federal Agencies

U.S. Department of Labor

National Contact:
Phone: 1-866-487-2365
Website: https://www.dol.gov

Wage and Hour Division – Little Rock Office:
Danville Building 2, Suite 220
10810 Executive Center Drive
Little Rock, AR 72221
Phone: (501) 223-9114
Website: https://www.dol.gov/agencies/whd

Services:

FLSA wage and hour complaints
Family and Medical Leave Act (FMLA) complaints
Child labor law enforcement
Prevailing wage compliance (Davis-Bacon, etc.)

Occupational Safety and Health Administration (OSHA) – Little Rock Office:
10810 Executive Center Drive, Suite 302
Little Rock, AR 72211
Phone: (501) 223-2666
Website: https://www.osha.gov

Services:

Workplace safety inspections
Safety complaint investigation
Safety training and consultation
Safety standards information

Equal Employment Opportunity Commission (EEOC)

Memphis District Office (covers Arkansas):
1407 Union Avenue, Suite 621
Memphis, TN 38104
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov

Services:

Employment discrimination complaints (Title VII, ADA, ADEA, EPA, GINA)
Mediation services
Technical assistance
Training and outreach

Online charge filing: https://publicportal.eeoc.gov/Portal/Login.aspx

National Labor Relations Board (NLRB)

Region 14 Office (covers Arkansas):
2300 Main Street, Suite 1020
Kansas City, MO 64108
Phone: (816) 221-9200
Website: https://www.nlrb.gov

Services:

Unfair labor practice complaints
Union representation elections
Labor relations information

U.S. Citizenship and Immigration Services (USCIS)

National Contact:
Phone: 1-800-375-5283
Website: https://www.uscis.gov

Services:

Form I-9 information and forms
E-Verify program
Employment authorization verification
Immigration status verification

I-9 Central: https://www.uscis.gov/i-9-central
E-Verify: https://www.e-verify.gov

10.3 Key Publications and Guidance Documents

Arkansas State Publications:

Arkansas Minimum Wage Act:

Administrative Rules Pertaining to the Arkansas Minimum Wage Act
Available at: https://labor.arkansas.gov/labor/labor-standards/minimum-wage-and-overtime/

Required Workplace Postings:

All required state posters
Available at: https://labor.arkansas.gov/resources/required-postings/

Arkansas Code:

Title 11: Labor and Industrial Relations (available through Arkansas General Assembly website)

Federal Publications:

U.S. Department of Labor:

Handy Reference Guide to the Fair Labor Standards Act
Fact sheets on various wage and hour topics
FMLA regulations and compliance guides
Available at: https://www.dol.gov/agencies/whd/fact-sheets

Equal Employment Opportunity Commission:

Enforcement Guidance on Disability-Related Inquiries and Medical Examinations
Compliance Manual
Small Business Resource Center
Available at: https://www.eeoc.gov/laws/guidance

Occupational Safety and Health Administration:

OSHA Standards (29 CFR)
Compliance assistance quick starts
Fact sheets by industry and hazard
Available at: https://www.osha.gov/laws-regs

National Labor Relations Board:

Employee Rights poster
Basic guide to the National Labor Relations Act
Representation case procedures
Available at: https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law

10.4 Additional Federal Resources

For questions about employment law:

U.S. Department of Labor
Phone: 1-866-487-2365
Website: https://www.dol.gov

Equal Employment Opportunity Commission
Phone: 1-800-669-4000
Website: https://www.eeoc.gov

10.5 Additional Resources

10.6 Updates and Monitoring

Legislative Updates:

Arkansas General Assembly
Website: https://arkleg.state.ar.us
Services:

Bill tracking
Legislative session schedules
Committee information
Session archives

Arkansas Governor’s Office
Website: https://governor.arkansas.gov
Services:

Signed legislation announcements
Executive orders
Press releases

Regulatory Updates:

Arkansas Register
Website: https://www.sos.arkansas.gov/arkansas-register
Services:

Proposed rule changes
Final rule adoptions
Emergency rules
Public hearing notices

Federal Register
Website: https://www.federalregister.gov
Services:

Federal agency rules and notices
Proposed regulations
Public comment opportunities

Agency Newsletters:

Arkansas Department of Labor and Licensing: https://labor.arkansas.gov
U.S. Department of Labor: https://www.dol.gov
Equal Employment Opportunity Commission: https://www.eeoc.gov
OSHA: https://www.osha.gov

Frequently Asked Questions - Arkansas Employment Law

What is employment law in Arkansas?

Employment law in Arkansas is the legal framework governing the relationship between employees and employers in the state. It includes both Arkansas state law and federal law that applies to Arkansas workplaces. Employment law covers wage and hour requirements, workplace discrimination, employee rights, employer obligations, workplace safety, and other aspects of the employment relationship.

Arkansas employment law encompasses minimum wage and overtime rules under the Arkansas Minimum Wage Act, at-will employment principles, workers’ compensation requirements, and workplace safety standards. Federal employment law adds protections through statutes like the Fair Labor Standards Act, Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act.

What is the difference between labor law and employment law?

Employment law is the broader framework that covers all aspects of the employment relationship, including individual employee rights, wages and hours, discrimination protections, workplace safety, and employer obligations. It applies to all employees and employers whether unionized or not.

Labor law is a subset of employment law that specifically addresses union-related matters including collective bargaining, union organizing, labor-management relations, and union representation. Labor law primarily governs relationships between employers and labor unions under the National Labor Relations Act.

Most Arkansas employees and employers deal with employment law rather than labor law, as Arkansas is a right-to-work state with relatively low union membership rates. However, all employment law protections apply regardless of whether employees are unionized.

Is Arkansas an at-will employment state?

Yes. Arkansas recognizes the doctrine of employment at will.

According to the Arkansas Department of Labor and Licensing:

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

However, important exceptions exist. Employers cannot terminate employees for discriminatory reasons (race, sex, age, disability, etc.), in retaliation for protected activities, or in violation of public policy. Employees with employment contracts may have additional protections. Union contracts typically provide just cause protections.

What is the minimum wage in Arkansas in 2026?

The Arkansas minimum wage in 2026 is $11.00 per hour.

According to the Arkansas Department of Labor and Licensing:

“Effective January 1, 2021, the minimum wage in Arkansas is $11.00 per hour.”

This rate was established by Initiated Act 5 of 2018 and has remained at $11.00 since January 1, 2021. The Arkansas Minimum Wage Act covers employers with 4 or more employees. Employers covered by both state and federal law must pay the highest minimum wage. Since Arkansas minimum wage ($11.00/hour) exceeds federal minimum wage ($7.25/hour), Arkansas employers must pay the state rate.

Tipped employees must be paid at least $2.63 per hour, and tips must bring total compensation to at least $11.00 per hour. If tips are insufficient, the employer must make up the difference.

Does Arkansas require overtime pay?

Yes. Arkansas law requires overtime pay for non-exempt employees.

According to the Arkansas Department of Labor and Licensing:

“An employer has to pay overtime (one and one-half times the regular rate of pay) to non-exempt employees for all hours actually worked in excess of 40 hours in a workweek.”

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

Arkansas follows the federal Fair Labor Standards Act standard of time-and-a-half for hours worked over 40 in a workweek. Arkansas does not require daily overtime (overtime after 8 hours in a day) or double-time pay, unlike some states like California.

Certain employees are exempt from overtime requirements, including executive, administrative, professional, outside sales, and some computer employees who meet specific salary and duties tests. Employers may consult the administrative rules and federal regulations to determine exemption status.

What are the meal and rest break requirements in Arkansas?

Arkansas does not require employers to provide meal or rest breaks for adult employees.

According to the Arkansas Department of Labor and Licensing:

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

However, if an employer chooses to provide breaks:

For short rest periods (usually 20 minutes or less): Must be paid as work time.

For bona fide meal periods (typically 30 minutes or more): Need not be paid if the employee is completely relieved of duty. If the employee must perform any duties during the meal period, it must be paid.

What are my employee rights in Arkansas?

Arkansas employees have rights under both state and federal law:

Wage and Hour Rights:

Minimum wage of $11.00 per hour (if employer has 4+ employees)
Overtime pay (1.5x regular rate) for hours over 40/week
Timely payment of wages
Final paycheck by next regular payday if employer terminates employment

Anti-Discrimination Rights:

Protection from discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, gender identity), national origin, age (40+), disability, and genetic information
Protection from sexual harassment
Protection from retaliation for opposing discrimination or participating in investigations

Accommodation Rights:

Reasonable accommodation for disabilities under ADA
Religious accommodation under Title VII
Pregnancy accommodation under Pregnancy Discrimination Act

Family and Medical Leave Rights (if employer has 50+ employees within 75 miles):

Up to 12 weeks unpaid, job-protected leave for qualifying reasons
Continuation of health insurance during leave

Workplace Safety Rights:

Safe workplace free from recognized hazards
Right to report safety violations without retaliation

Other Rights:

Protection from retaliation for filing wage claims
Protection from discharge for jury duty
Protection from discharge for refusing to violate law

Can my employer fire me for any reason in Arkansas?

Generally yes, because Arkansas follows at-will employment. However, important exceptions exist.

Your employer cannot fire you for:

Discriminatory reasons (race, sex, religion, age 40+, disability, national origin, genetic information, pregnancy)
Retaliation for filing discrimination complaints or participating in investigations
Retaliation for filing wage claims or workers’ compensation claims
Retaliation for reporting workplace safety violations
Serving on jury duty
Refusing to violate the law
Reporting violations of law (whistleblowing in some circumstances)
Taking FMLA leave (if eligible)
Union organizing activities (protected by National Labor Relations Act)

If you have an employment contract stating you can only be fired for cause, your employer must have good reason to terminate you.

If you are covered by a union contract, it likely requires just cause for termination.

According to the Arkansas Department of Labor and Licensing:

Source: Arkansas Department of Labor and Licensing, Frequently Asked Questions
Available at: https://labor.arkansas.gov/resources/faqs/
Last verified: January 17, 2026

How do I file a discrimination complaint in Arkansas?

To file a discrimination complaint for violations of federal anti-discrimination laws (Title VII, ADA, ADEA, EPA, GINA):

Contact the Equal Employment Opportunity Commission:

Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov
Online filing: https://publicportal.eeoc.gov/Portal/Login.aspx

Memphis District Office (covers Arkansas):
1407 Union Avenue, Suite 621
Memphis, TN 38104

Filing deadline: Generally 180 days from the date of discrimination (extended to 300 days in states with state/local anti-discrimination agency)

Process:

Contact EEOC for intake interview (by phone or online)
Provide information about the discrimination
EEOC assesses whether to accept charge
If accepted, EEOC notifies employer and investigates
EEOC determines if reasonable cause exists
EEOC attempts conciliation if cause found
EEOC issues Right to Sue letter
You may file lawsuit in federal court (within 90 days of receiving Right to Sue letter)

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/how-file-charge-employment-discrimination

Can I request remote work as a reasonable accommodation in Arkansas?

Yes. Remote work may be a reasonable accommodation under the Americans with Disabilities Act if you have a disability and remote work would enable you to perform the essential functions of your job.

To request remote work as an accommodation:

Inform your employer that you have a disability and need an accommodation
Request remote work as the accommodation
Participate in the interactive process – discuss your limitations and how remote work would help
Provide medical documentation if requested by employer
Work with employer to identify an effective accommodation

Your employer must:

Engage in the interactive process
Consider remote work as an accommodation
Evaluate whether you can perform essential job functions remotely
Provide the accommodation unless it causes undue hardship

Your employer is not required to provide remote work if:

Physical presence at the workplace is an essential function of your job
Remote work would cause undue hardship (significant difficulty or expense)
You cannot perform essential functions even with remote work

If your employer denies your request, they should explain why remote work would cause undue hardship and offer alternative accommodations.

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/guidance/work-home-telework-reasonable-accommodation

What are employer obligations in Arkansas?

Arkansas employers must comply with numerous state and federal requirements:

Wage and Hour Obligations:

Pay at least $11.00/hour minimum wage (employers with 4+ employees)
Pay overtime (1.5x) for hours over 40/week to non-exempt employees
Pay wages on regular paydays
Pay final wages by next regular payday (if employer terminates)
Maintain wage and hour records for 3 years
Properly classify employees vs. independent contractors

Posting Requirements:

Display required state and federal workplace posters
Post where accessible to all employees
Keep posters current

Reporting Requirements:

Report new hires within 20 days to Arkansas New Hire Reporting Center
Report workplace injuries and illnesses to workers’ compensation insurer
File EEO-1 Report if required (100+ employees, or 50+ with federal contract)

Record keeping Requirements:

Maintain personnel files
Keep payroll records (3 years)
Retain Form I-9 for all employees
Keep employment applications and records (1 year minimum)
Maintain medical information separately and confidentially

Anti-Discrimination Obligations:

Do not discriminate based on protected characteristics
Investigate and address harassment complaints
Provide reasonable accommodations for disabilities and religion
Do not retaliate against employees who assert their rights

Workplace Safety Obligations:

Provide safe workplace free from recognized hazards
Comply with OSHA standards
Report serious workplace injuries and fatalities to OSHA
Do not retaliate against employees who report safety concerns

Other Obligations:

Verify employment eligibility (Form I-9)
Maintain workers’ compensation insurance (if required)
Comply with FMLA if 50+ employees
Honor jury duty summonses
Follow lawful wage garnishment orders

What workplace posters are required in Arkansas?

Arkansas employers must display both state and federal workplace posters:

Arkansas State Posters:

Notice to Employer and Employee (minimum wage and overtime)
Arkansas Human Trafficking Notice
Chemical Right to Know Poster (if applicable)

Download: https://labor.arkansas.gov/resources/required-postings/

Federal Posters:

Fair Labor Standards Act (FLSA) Minimum Wage
Equal Employment Opportunity is the Law (if 15+ employees)
Employee Polygraph Protection Act
Family and Medical Leave Act (if 50+ employees within 75 miles)
Occupational Safety and Health (OSHA)
Employee Rights Under National Labor Relations Act
Uniformed Services Employment and Reemployment Rights Act (USERRA)
E-Verify Participation Poster (if applicable)

Download federal posters: Visit respective agency websites (DOL, EEOC, OSHA, NLRB)

Posting Requirements:

Display in conspicuous location accessible to all employees
Common locations: break rooms, near time clocks, main employee areas
Keep posters current and legible
Replace outdated versions

According to the Arkansas Department of Labor and Licensing:

“All posting requirements must be posted in a conspicuous place so as to be accessible to all employees. Failure to post notices can result in stiff penalties and possible fines.”

Source: Arkansas Department of Labor and Licensing, Required Postings
Available at: https://labor.arkansas.gov/resources/required-postings/
Last verified: January 17, 2026

How long must employers keep employment records in Arkansas?

Arkansas Wage and Hour Records: 3 years

Arkansas requires employers to maintain wage and hour records for 3 years, including:

Employee identifying information
Hours worked
Wages paid
Deductions
Pay periods

Source: Arkansas Administrative Rules Pertaining to the Arkansas Minimum Wage Act

Federal FLSA Records: 3 years for payroll records; 2 years for time cards

Federal law requires:

Payroll records: 3 years
Time cards and wage computation records: 2 years
Collective bargaining agreements: Duration + 3 years

Source: Fair Labor Standards Act, 29 C.F.R. § 516
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-516

Form I-9: 3 years after hire or 1 year after termination, whichever is later

Source: Immigration and Nationality Act
Form I-9 information: https://www.uscis.gov/i-9

Personnel and Employment Records: 1 year minimum under federal EEO laws

Title VII, ADA, and ADEA require retention of:

Personnel or employment records: 1 year from making record or personnel action
If discrimination charge filed: Until final disposition of charge or action

Source: Equal Employment Opportunity Commission regulations, 29 C.F.R. § 1602
EEOC guidance: https://www.eeoc.gov/employers/small-business/recordkeeping-and-posting-notices

Best Practice: Maintain employment records for at least 3 years to comply with various federal and state requirements.

Does Arkansas require paid sick leave?

No. Arkansas does not have a state law requiring employers to provide paid sick leave.

Search conducted:

Arkansas Department of Labor and Licensing website reviewed
Arkansas Code Title 11 reviewed for sick leave mandates
Search date: January 17, 2026
Result: No Arkansas paid sick leave requirement found

Federal law also does not require private sector employers to provide paid sick leave.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/general/topic/workhours/sickleave

Paid sick leave in Arkansas is determined by:

Employer policy and handbooks
Employment contracts
Collective bargaining agreements (if unionized)
Employer discretion

Some employers voluntarily provide paid sick leave as a benefit. Check your employee handbook, offer letter, or company policies to determine if your employer offers paid sick leave.

What are remote work protections in Arkansas?

Arkansas does not have specific state laws creating a “right to request” remote work or mandating remote work protections beyond federal requirements.

Search conducted:

Arkansas Code reviewed for remote work statutes
Arkansas Department of Labor and Licensing website reviewed
Search date: January 17, 2026
Result: No Arkansas remote work mandate found

Key Points:

Employment Law Applies: Arkansas and federal employment laws apply equally to remote workers, including minimum wage, overtime, anti-discrimination protections, and workplace safety obligations.

Employer Policies Control: Employers generally have discretion to:

Determine whether to offer remote work
Set remote work policies and eligibility
Require return to office
End remote work arrangements

Accommodation Exception: Remote work may be required as a reasonable accommodation for employees with disabilities if:

Employee has a disability covered by ADA
Remote work would enable employee to perform essential functions
Remote work would not cause undue hardship
Physical presence is not an essential job function

At-Will Employment: Remote work arrangements are typically at-will, meaning employers can change work location requirements subject to accommodation obligations.

Source: Equal Employment Opportunity Commission (accommodation guidance)
Available at: https://www.eeoc.gov/laws/guidance/work-home-telework-reasonable-accommodation

Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current

Arkansas Employment Law 2026

⚠️Informational only — not legal or tax advice.

Table of Contents

Introduction

What This Guide Covers

Dual Audience: Employees and Employers

2026 Updates

Information Sources

Employment Law Framework in Arkansas

1.1 At-Will Employment Doctrine

What At-Will Employment Means

Exceptions to At-Will Employment

Four Categories of Exceptions

Additional Protections

Important Notice About Legal Consultation

1.2 Labor Law vs Employment Law

Terminology and Scope

Federal Framework

Arkansas and Right-to-Work

When Each Framework Applies

Employee Rights in Arkansas

2.1 Wage and Hour Rights

Minimum Wage

Overtime Requirements

Meal and Rest Breaks

Final Paycheck Requirements

Permissible Wage Deductions

Filing Wage Complaints

2.2 Paid Sick Leave

Discrimination Laws in Arkansas

3.1 Overview of Employment Discrimination Protections

Federal Framework

Arkansas State Law

Arkansas Civil Rights Act

3.2 Protected Classes

Federal Protected Classes

State Government Employment Protected Classes

3.3 Types of Prohibited Discrimination

Disparate Treatment

Disparate Impact

Harassment

Retaliation

3.4 Sexual Harassment

Two Types of Sexual Harassment

Employer Liability

Sexual Harassment Training Requirements

3.5 Enforcement and Remedies

Filing Discrimination Complaints

Available Remedies

Reasonable Accommodations

4.1 Disability Accommodation Requirements

Americans with Disabilities Act (ADA)

Who is Protected

What is Reasonable Accommodation

Employer Obligations

4.2 The Interactive Process

4.3 Undue Hardship Exception

Definition of Undue Hardship

4.4 Religious Accommodations

What Requires Accommodation

Undue Hardship for Religious Accommodation

4.5 Pregnancy Accommodations

4.6 How to Request Accommodation

For Employees

For Employers

Employer Obligations in Arkansas

5.1 Required Workplace Postings

Arkansas State Posting Requirements

Federal Posting Requirements

Posting Requirements

Contact for Questions

5.2 New Hire Reporting

5.3 Recordkeeping Requirements

Arkansas Recordkeeping Requirements

Federal Recordkeeping Requirements (FLSA)

Equal Employment Opportunity Recordkeeping

Form I-9 Employment Eligibility Verification

5.4 E-Verify (If Applicable)

5.5 Wage Payment Requirements

Filing Complaints