Free Arkansas Labor and Employment FAQs | Free Arkansas Labor and Employment Legal Documents

Am I Entitled To Lunch Or Rest Breaks?

Tue, 29 May 2007 21:19:00 GMT

There is no law that requires an employer to provide for lunch or rest breaks. The exception is that State law requires rest breaks for children under the age of 16 who are employed in the entertainment industry. Short rest periods of 20 minutes or less are common and legally must be included in hours worked. Lunch breaks, which are typically 30 minutes or more do not need to be compensated as work time.

Are Minors Prohibited From Any Specific Occupations?

Tue, 29 May 2007 21:19:00 GMT

A child under the age of 14 is generally not permitted to work except on school vacations when they are employed by their parents or guardians in occupations owned or controlled by them. A child under 16 years is not permitted to work in any occupation dangerous to the life and limb, or injurious to the health and morals of the child, or in any saloon, resort, or bar where intoxicating liquors of any kind are sold or dispensed.

For specific occupations prohibited for minors under age 16, click here and here.

There are a number of exceptions or restrictions to these general rules dealing with such things as the sale or handling of alcohol; work in the entertainment industry; and delivery of newspapers. For more specific information, write or call the Arkansas Department of Labor, Wage and Hour Division at (501) 6824501, or visit their web page.

Are There Regulations For The Hours A Minor May Be Employed?

Tue, 29 May 2007 21:19:00 GMT

A minor under the age of 16 cannot begin work before 6 a.m., work later than 7 p.m., nor more than 8 hours a day, 6 days a week, or more than 48 hours a week, except on nights preceding non school days, minors under 16 may work until 9 p.m.

When school is in session the next day, a minor under the age of 18 cannot begin work before 6 a.m., work past 11 p.m., work more than 10 hours a day, more than 6 days a week, or more than 54 hours a week. When school is NOT in session the next day, everything is the same except that there is no limit to how late the minor can work.

As An Employer, How Do I Know If I Am Liable For Arkansas Uc Taxes?

Tue, 29 May 2007 21:19:00 GMT

An unemployment account is required of employers who employ one or more individuals for some portion of ten or more days in a calendar year, whether or not the days are consecutive.

Unemployment insurance tax rates range from .5% to 8.4%. They are computed on the wages paid to each employee on a calendar quarter basis. The employer is taxed on the first $9000 per employee per calendar year.

Can My Employer Terminate Me For No Reason?

Tue, 29 May 2007 21:19:00 GMT

In Arkansas, as in most other states, employment is at will. This means that either the employer or the employee may terminate the employment relationship at any time with or without cause. However, there are several exceptions to this general rule.

State and federal law prohibit an employer from firing an employee on the basis of age, sex, race, religion, national origin or disability. A woman cannot be fired if she is pregnant or has an abortion. You may have a remedy if you relied on a written promise that you would not be fired without cause or if you were fired in violation of clear public policy.

There are numerous Federal and State Laws that govern employment relationships. Most violations of the employment relationship are covered by the Civil Rights Act of 1964, as Amended (frequently referred to as Title 7), The Arkansas Civil Rights Act of 1993, The Americans With Disabilities Act, The Family Medical Leave Act, or The Age Discrimination and Employment Act. Under Arkansas Law, an employer must have nine or more employees before they are covered. Under Federal Law, an employer must have fifteen or more employees before they are covered by the AntiDiscrimination Laws. However, there are many exceptions to this general rule regarding the number of employees. If you have been discriminated against then you should contact an attorney immediately because you may only have 180 days from the date the act of discrimination occurred to file a charge with the EEOC.

Can You Explain The Arkansas New Hire Program?

Tue, 29 May 2007 21:19:00 GMT

The New Hire program is a registry for reporting newly hired and returning employees. The purpose of the program is to improve child support collections and reduce public assistance costs.

How Are Wages Reported?

Tue, 29 May 2007 21:19:00 GMT

Wages are reported quarterly by completing form ESDARK209B Employer's Quarterly Contribution and Wage Report. For assistance, refer to the Instruction Sheet for ESDARK209B.

Online filing for unemployment insurance taxes is also available. This will allow an employer to calculate, submit and pay taxes online. Click here for new user registration or here to update your profile. Once you are registered, click here to submit a filing. The following resources are also available:

Magnetic Media for UI Wage Reporting Diskette

Magnetic Media for UI Wage Reporting Tape/Cartridge

Simplified Tax and Wage Reporting System (STAWRS)

How Do I File For Unemployment Compensation?

Tue, 29 May 2007 21:19:00 GMT

You may file a claim in person at any Employment Security Department Office or on claim filing forms, which are available in most public buildings. File immediately since no benefit will be paid for any time before filing the claim.

How Do I File For Weekly Benefits?

Tue, 29 May 2007 21:19:00 GMT

You can file for weekly unemployment insurance benefits by telephone using Arkansas's Interactive Voice Response System (ArkLine):

Applicants: 15019072590

Employers: 15019072591

ArkLine is available for filing weekly claims Monday through Friday form 6:00 am to 6:00 pm and Sunday from 12:01 am to 6:00 pm. You can also use Arkline to get general information, or inquire about your claim.

To file weekly claims by telephone, you will need the following:

your social security number,

a personal identification number or PIN,

your total gross earnings and hours worked for the week you are claiming.

You will not draw a check for the first week after you file. A claimant's unemployment insurance weekly benefit amount is determined by the wages that individual has earned in approximately the last eighteen months preceding the filing of the unemployment insurance claim. Twentysix weeks is the longest you can draw unemployment benefits.

If I Am Fired From My Job, How Soon Must My Employer Pay Me?

Tue, 29 May 2007 21:19:00 GMT

If you are terminated from your job, your employer must pay you all earnings owed within seven working days of termination provided you have requested or demanded payment. In all other cases, you must be paid at the regularly scheduled payday, unless there is some other agreement between you and your employer.

Is A Work Permit Required For Employment Of A Minor?

Tue, 29 May 2007 21:19:00 GMT

An employment certificate is required for minors under the age of 16. The certificate is issued by the Department of Labor. Click here for an APPLICATION FOR EMPLOYMENT OF A MINOR. Application requires submission of proof of age, a description of the work and work schedule, and written consent of the parent or guardian.

Is My Employer Required By Law To Provide Me With My Personnel Records If Requested?

Mon, 04 Jun 2007 21:51:22 GMT

There is no state law that requires nongovernmental employers to provide personnel records to an employee. Government employees are covered by the Freedom of Information Act and, therefore, can request access to their records.

What Are My Options If I Have Been Denied Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

You have the right to appeal the Determination issued by the Employment Security Department. Contact any ESD office or the Arkansas Appeal Tribunal. An appeal must be in writing and should include the Social Security Number and the name of the claimant in the case. A copy of the determination being appealed should be attached to the appeal. The appellant may file an appeal by letter or by using an ARKAT213 Request for Appeal to Appeal Tribunal form.

The Appeal Tribunal or an AESD Local Office must receive your appeal within the 20day appeal period shown on the Determination. Remember that you must continue to file weekly claims during the appeals process. If a decision in an appeal case allows a claimant benefits, benefits will be payable only for any week for which the claimant filed a valid weekly claim form.

At the Appeal Tribunal level, the parties will have a reasonable opportunity for a hearing before a hearing officer, followed by the officer's decision on the appeal.

A further appeal may be made to the Arkansas Board of Review using form ARKBR100 Request for Appeal to Board of Review. The appeal must be filed within twenty days after the mailing of the Decision of the Appeals Tribunal. It may be filed, in person or by mail, at any AESD office, at the Appeal Tribunal office, or at the Board of Review. After the Board has reviewed the complete record of evidence as forwarded by the Appeal Tribunal and any additional evidence the Board may have directed to be taken in further hearing, the Board will reach a decision in the case and mail it to the parties.

All final decisions of the Board of Review are appealable to the Arkansas Court of Appeals. Appeals must be filed within twenty calendar days after the mailing date of the Decision of the Board of Review.

Contact information is as follows:

ARKANSAS APPEAL TRIBUNAL
P.O. Box 8013
100 Main Street Building, Suite 460
Little Rock, AR 72203

Telephone Numbers: (501) 6821063
Inquiries: (501) 6821063
Voice Mail for Responding to Notice of Telephone Hearing: (800) 6376110
Fax: (501) 6827734

ARKANSAS BOARD OF REVIEW
P.O. Box 8016
Little Rock, AR 72203

Telephone Numbers: (501) 6834300
Fax: (501) 6834310

ARKANSAS COURT OF APPEALS
625 Marshall Street
Little Rock, AR 72201

What Are The Requirements For A Business To Be Covered By State Wage And Hour Laws As Opposed To Federal Laws?

Tue, 29 May 2007 21:19:00 GMT

An employer must follow the strictest child labor laws, state or federal. To determine which law the employer of employees over the age of 17 is covered by, an employer that grosses over $500,000.00 per year or is engaged in interstate commerce is subject to the federal law. An employer that grosses less than $500,000.00 per year and is not engaged in interstate commerce but has four or more employees is subject to the state wage and hour laws.

What Can I Do To Insure I Am In Compliance With Federal Osha Regulations Without Hiring A Private Consultant?

Tue, 29 May 2007 21:19:00 GMT

The Arkansas Department of Labor offers OSHA consultation services at no cost to employers. Consultation services include worksite surveys to help employers recognize and correct safety and health hazards. Consultants can work with employers to identify potential problems, as well as provide assistance in the development and implementation of proven, effective safety and health programs. Click here for information on requesting a consultation.

A number of training opportunities are offered by the agency, or its consultants that can provide customized training developed for your specific needs. Click here for additional information.

The Safety Division also maintains a library of books, pamphlets, brochures, as well as films and videos, on occupational safety and health topics. These are also available at no cost. You may specifically want to request the "OSHA Handbook for Small Businesses". You can find this information at one of the Safety Division Media Libraries.

What Information Must Be Reported?

Tue, 29 May 2007 21:19:00 GMT

The information that you must report is the employee's name, address, social security number must be reported, as well as the employer's name, address, and Federal Employer identification number.

What Is The Process For Reporting New Hires?

Tue, 29 May 2007 21:19:00 GMT

There are several methods that can be used to report new hires.

(1) Online Reporting: First you must register and receive an ID and password. Click here to sign up. If you have already registered, click here to log on.

(2) Use FTP to transfer new hire reports. For instructions on using FTP to transfer your file, click here.

(3) Fax or Mail: You can fax or mail either the (1) New Hire Form, (2) W4, or (3) a printed list with the required information. The address and fax number are as follows:

The Arkansas New Hire Reporting Center
PO Box 2540
Little Rock, AR 72203

Fax: 18002593562 or 15013762682

(4) Diskette or Magnetic Tape: Click here for diskette data specifications. Click here for magnetic tape data specifications.

If you are a multistate employer, you may report newly hired employees to the State in which they are working or you may select one State to which to report all new hires. If one State is chosen, your new hire reports must be submitted electronically or by magnetic tape or diskette. Two monthly electronic or tape transmissions must be made which are not less than 12 nor more than 16 days apart. Please inform the U.S. Secretary of Health and Human Services of your decision.

What Kinds Of Employers Are Covered By The Arkansas Occupational Health And Safety Regulations?

Tue, 29 May 2007 21:19:00 GMT

Arkansas Occupational Health and Safety regulations protect state, county and municipal workers, who are not covered by OSHA. These regulations can be obtained by calling the Arkansas Department of Labor at (501) 6824523. If you have a complaint about state, county or municipal workplaces, contact the AOSH Division at (501) 6829091.

Private businesses must follow federal OSHA regulations. They can be reached at (501) 3246291.

What Will Happen After I File My Initial Claim For Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

One to three weeks after the claim is first filed, you will receive a computer generated letter stating whether you will be eligible for benefits. You will not receive a benefit check during the time the ESD decision is pending. You must continue to turn in claim forms each week.

What is the minimum wage in Arkansas?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage in the State of Arkansas is $6.25, which is currently the same as the federal minimum wage. This applies to employers of 4 or more employees.

When Does An Employer Have To Pay Overtime?

Tue, 29 May 2007 21:19:00 GMT

Overtime pay is one and onehalf times the regular rate of pay. An employer must pay overtime to nonexempt employees for all hours actually worked in excess of 40 hours in a workweek. 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. 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.

When Does An Employer Report This Information?

Tue, 29 May 2007 21:19:00 GMT

New hires must be reported within 20 days of the date he or she was hired.

Where Can I Obtain More Information On The New Hire Program?

Tue, 29 May 2007 21:19:00 GMT

You can reach the Arkansas New Hire Reporting Center at 18002592095 or 15013762125 for any questions regarding the Hew Hire program.

Who Must Be Reported?

Tue, 29 May 2007 21:19:00 GMT

All new employees who live or work in Arkansas and complete a W4 must be reported. This includes full time, part time or student employees.

Who Must Report?

Tue, 29 May 2007 21:19:00 GMT

All Arkansas employers, including private, nonprofit or government agencies must report all employees who live or work in Arkansas. Federal and State agencies are exempt from new hire reporting if the head of the agency determines that reporting the new hire could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission. This exemption does not apply to local or county employees.

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