Arkansas Nonexempt Employee Time Report
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FAQ
No mandatory compensatory time off is permitted for wage employees or in lieu of FLSA overtime pay.
Comp time is calculated by multiplying 1.5 times overtime hours worked.
No Arkansas Law Requires Meal or Rest Breaks In other words, although breaks are not required, employers must pay employees for time they spend working and for shorter breaks during the day.
No federal or state law in Arkansas requires employers to pay out an employee's accrued vacation, sick leave, or other paid time off (PTO) at the termination of employment.
The FLSA sets the maximum amount of comp time that may be accumulated: nonexempt employees who work in "a public safety activity, emergency response activity, or seasonal activity" may accumulate up to a maximum of 480 hours of comp time, while other employees are limited to 240 hours.
Neither state nor federal wage and hour laws require an employer to provide a break or a meal period.
Examples of non-exempt employees include contractors, freelancers, interns, servers, retail associates and similar jobs. Even if non-exempt employees earn more than the federal minimum wage, they still take direction from supervisors and do not have administrative or executive positions.
The State minimum wage is: $9.25 per hour effective January 1, 2019; $10.00 per hour effective January 1, 2020; $11.00 per hour effective January 1, 2021. The Arkansas Minimum Wage Act covers employers with 4 or more employees.
An employee has the right to an uninterrupted break of at least 20 minutes if they work more than 6 hours in a day. The employee has the right to take this break: away from their workstation (for example, away from their desk)
Arkansas does not require employers to provide meal breaks. If employers choose to provide breaks, breaks less than 20 minutes must be paid. Meal periods do not need to be paid as long as the employees are free to do as they wish.
