Who is exempt
Bona fide executive, administrative and professional staff, defined using federal rules (29 C.F.R. part 541), plus groups such as some agricultural, transportation and sales workers. Source: labor.arkansas.gov↗ (opens in a new tab)
Comp time instead of overtime
Only public agencies may give comp time, at 1.5 hours per overtime hour, under an agreement. Caps are 480 hours for police, fire, emergency and seasonal staff, and 240 hours for others. Source: labor.arkansas.gov↗ (opens in a new tab)
Industry-specific rules
Police and fire departments, hospitals and residential care facilities may use special overtime arrangements. Source: labor.arkansas.gov↗ (opens in a new tab)
Penalties
Civil money penalty of $50 to $1,000 per willful violation, each day counted separately, plus possible liquidated damages up to the back wages for willful violations. Source: labor.arkansas.gov↗ (opens in a new tab)
The law and where to check
The law: Ark. Code Ann. § 11-4-211; Arkansas Minimum Wage Act rules (11 CAR pt. 11) (opens in a new tab)
The agency: Arkansas Department of Labor and Licensing, Division of Labor (opens in a new tab)
What federal law says
The federal Fair Labor Standards Act (FLSA) requires 1.5 times the regular rate for hours over 40 in a workweek for non-exempt employees. Federal law has no daily overtime. The federal salary level for most exempt staff is $684 a week. Where state and federal rules differ, follow the rule that gives the employee more. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — salary levels↗ (opens in a new tab)
Free tool: work out overtime pay with our State Overtime Calculator.
Overtime checklist for Arkansas employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Decide which employees are non-exempt, and check exempt staff meet the salary and duties tests.
- Set your workweek (a fixed, repeating 7-day period).
- Track all hours worked, including daily hours if your state has daily overtime.
- Pay overtime at 1.5 times the regular rate, including bonuses where required.
- Use our free State Overtime Calculator to check the numbers.
- Keep time and pay records.
More Arkansas employment law guides
- All Arkansas employment laws
- Arkansas final paycheck law
- Arkansas paid sick leave law
- Arkansas meal and rest break laws
- Arkansas pay frequency law
- Arkansas vacation and PTO payout law
- Arkansas new hire reporting
- Arkansas at-will exceptions
Overtime laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.