Arkansas Employment Law

Arkansas Civil Rights Act covers employers with 9+ employees. Arkansas is a non-deferral state with no state FEP agency, so the EEOC filing deadline remains 180 days.

At-Will

Yes

Right-to-Work

Yes

EEOC Deferral

180 days

Min. Wage

$11.00

Arkansas State Laws (3)

AR CRA

Ark. Code Ann. §§ 16-123-101 to 16-123-108

365 days

9+ employees

Arkansas's primary anti-discrimination statute prohibiting employment discrimination based on race, religion, national origin, gender, and disability. Applies to employers with 9 or more employees. Arkansas does not have a state fair employment practices (FEP) agency, making it a non-deferral state for EEOC purposes.

Protected Classes

racereligionnational origingenderdisability

Key Provisions

✓Prohibits discrimination in hiring, firing, and terms and conditions of employment
✓Covers race, religion, national origin, gender, and disability
✓Lower employee threshold (9) compared to Title VII (15)
✓No state administrative agency — claims filed directly in court
✓Does not cover age or sexual orientation discrimination

Remedies

Back payCompensatory damagesReinstatementInjunctive reliefAttorney fees and costs

File with: No state FEP agency — file directly in state court or with EEOC365 days (1 year) for state claims; 180 days for EEOC (non-deferral state)

AR Minimum Wage

Ark. Code Ann. §§ 11-4-201 to 11-4-220

— days

4+ employees

Establishes minimum wage and overtime requirements for Arkansas employers with 4 or more employees. Provides protections for employees regarding wage payment, and includes provisions for overtime pay consistent with federal standards.

Key Provisions

✓Sets the state minimum wage for covered employees
✓Applies to employers with 4 or more employees
✓Requires overtime pay at 1.5 times the regular rate for hours over 40 per week
✓Provides a private right of action for unpaid wages
✓Includes exemptions for certain industries and small employers

Remedies

Unpaid wagesLiquidated damages (equal to unpaid wages)Attorney fees and costs

File with: Arkansas Department of Labor and Licensing or private lawsuit2 years (3 years for willful violations)

AR Whistleblower

Ark. Code Ann. § 21-1-601 et seq.

— days

1+ employees

Protects public employees in Arkansas from retaliation for reporting violations of state or federal law, rules, or regulations. Coverage is limited to state and local government employees; private-sector employees must rely on federal whistleblower statutes or common law protections.

Key Provisions

✓Prohibits retaliation against public employees who report legal violations in good faith
✓Covers state agencies, political subdivisions, and local government entities
✓Does not extend to private-sector employers
✓Employee must have a good-faith belief that a violation has occurred
✓Protects employees who communicate with government bodies about suspected violations

Remedies

ReinstatementBack payRestoration of benefitsCompensatory damagesAttorney fees and costs

File with: Private lawsuit (state court)Within applicable statute of limitations

Federal Laws That Apply in Arkansas

These federal statutes protect workers nationwide, including in Arkansas. Arkansas is a non-deferral state — the EEOC filing deadline is 180 days.

Title VII15+ employees

Section 19811+ employees

WARN Act100+ employees

— days

Rehabilitation Act1+ employees

180 days

SOX Section 8061+ employees

180 days

INA Section 1324b4+ employees

180 days

Check which laws apply to your situation in Arkansas

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.Arkansas laws are subject to legislative changes. Consult a qualified employment attorney in Arkansas for advice about your specific situation. Last reviewed: February 2025.