Arkansas Final Paycheck Law — deadline & penalty calculator

Frequently Asked Questions

• When must an Arkansas employer pay a final paycheck?

  By the next regular payday following the last day of employment. This applies to all separation types — termination, layoff, or voluntary resignation. The deadline is the same regardless of how the employment ended.

• What is the penalty if an Arkansas employer is late with a final paycheck?

  If the employer fails to pay within 7 days after the next regular payday, Arkansas law requires the employer to pay double the wages owed. This double-wage penalty is automatic once the 7-day grace window closes — it does not require the employee to prove additional damages.

• Does Arkansas final paycheck law differ from federal FLSA?

  Yes. The federal FLSA sets no specific deadline for final paychecks beyond the regular payday for the last pay period. Arkansas goes further by codifying the next-regular-payday rule as a hard deadline and adding a double-wage penalty for late payment — protections that do not exist at the federal level.

• Is the deadline different if the employee was fired vs. resigned?

  No. Arkansas uses the same next-regular-payday deadline for all separation types. An employer who fires an employee and an employer whose employee quits must both pay by the same deadline: the next regularly scheduled payday.

• Does the final paycheck rule apply to small employers in Arkansas?

  The Arkansas Minimum Wage Act (including its wage-payment rules) applies to employers with 4 or more employees. Employers with fewer than 4 employees are not covered by the state Act but are still subject to federal FLSA wage-payment requirements.

• Must an employer include accrued PTO in the final paycheck?

  Not automatically. Arkansas does not mandate payout of accrued PTO or vacation upon separation by statute. However, if the employer's own written policy or employment agreement promises to pay unused PTO on termination, those amounts are treated as wages owed — and subject to the same next-payday deadline and double-wage penalty.

• Can an employer withhold a final paycheck if the employee owes money?

  No. An employer cannot unilaterally withhold a final paycheck to offset a claimed debt from the employee. Doing so would violate the final-paycheck deadline and expose the employer to the double-wage penalty. The employer must seek repayment through a separate civil process.

• What deductions are allowed from an Arkansas final paycheck?

  Court-ordered deductions (child support, garnishments) are permitted. Non-standard deductions for property damage, shortages, or fines require written employee authorization and cannot reduce pay below minimum wage. Unauthorized deductions may themselves constitute a wage violation.

• How does an employee recover unpaid final wages in Arkansas?

  Employees can file a wage claim with the Arkansas Department of Labor and Licensing, Labor Standards Division at (501) 682-4599 or via labor.arkansas.gov — at no cost. They may also file a private civil lawsuit to recover the unpaid wages plus the double-wage penalty and potentially court costs.

• How does Arkansas's rule compare to neighboring states?

  Arkansas (next regular payday + 7-day grace + 2× penalty) sits in the middle of the regional spectrum. Oklahoma requires immediate payment upon involuntary termination. Louisiana requires next payday but allows up to 90 days' wages in court for non-payment. Tennessee and Missouri follow next-payday rules with weaker penalties. Arkansas's double-wage rule provides moderate-to-strong employee protection relative to neighbors.