Dealing With Unpaid Wages in Arkansas
My employer hasn't paid me — here's what Arkansas law says and what to do next.
Statute: Ark. Code § 11-4-405
Deadline: 7 days
Penalty: Employer who fails to pay may be liable for the unpaid wages plus reasonable attorney fees and costs
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Arkansas differs from federal law
Arkansas has a minimum wage above the federal level, set by voter-approved ballot initiative:
- $11.00/hr as of January 2021 (set by 2018 Issue 5 ballot measure)
- Arkansas allows a tip credit — tipped employees can be paid $2.63/hr if tips bring total to $11.00/hr
- There is no separate youth minimum wage in Arkansas
- Employers with fewer than 4 employees are exempt from the state minimum wage
- No local jurisdictions have enacted higher minimums — state law preempts local wage ordinances
Additional steps in Arkansas
File wage complaints with the Arkansas Department of Labor and Licensing at (501) 682-4500 or labor.arkansas.gov.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Arkansas, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Arkansas.