Arkansas Overtime Laws

Do you live in Arkansas and feel you are owed overtime pay? Arkansas has its own overtime law provisions and also follows federal overtime laws that are a part of the Fair Labor Standards Act (FLSA). Therefore, there may be more opportunities as an Arkansas resident to recover overtime pay. Essentially, employers in Arkansas are required to pay employees overtime pay at the rate of 1.5 times the employee's regular rate of pay for all hours the employee works in excess of 40 hours in one week. Arkansas also does not require employers to pay their employees overtime pay for hours worked more than eight hours per day, or on weekends or holidays.

Arkansas Overtime Law Overview

Key provisions under Arkansas overtime law are covered by the following table.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

  • The following classes of employees are not entitled to overtime pay in Iowa (partial list)
    • Professional employees
    • Executive employees
    • Administrative employees

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Compensatory Time for State Employees

Instead of overtime compensation, Arkansas may award compensatory time -- meaning time-off -- at a rate that is at least 1.5 hours for every one hour of employment for which overtime pay is required. However, the compensatory time off may only be provided only to Arkansas state employees according to:

  • Applicable provisions of a collective bargaining agreement
  • A memorandum of understanding
  • Other agreement between the Arkansas state agency and the employee

Arkansas Overtime Exemptions

Some kinds of workers are exempted from Arkansas overtime laws, including:

  • Professional employees
  • Executive employees
  • Administrative employees
  • Employees who work at employers that have less than four employees
  • Employees paid on a commission basis in sales or retail
  • Hospital employees

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Arkansas may have complex overtime laws because it has its own state overtime provisions and also follows the FLSA. If you have any questions on Arkansas overtime laws, you may consult with a local attorney during a complimentary case review.

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