Overtime Rules — Arkansas

Frequently Asked Questions

• What is the overtime rule in Arkansas?

  Arkansas follows the federal FLSA overtime standard: non-exempt employees must be paid 1.5 times their regular rate for every hour worked beyond 40 in a workweek. This rule is identical to the federal floor — Arkansas has not enacted stricter state-specific overtime thresholds.

• Does Arkansas have daily overtime like California?

  No. Arkansas has no daily overtime threshold. Overtime in Arkansas triggers only after 40 total hours in a workweek, regardless of how many hours are worked in a single day. Only California (and a few other states) impose overtime on hours worked beyond 8 in a single day.

• What is the overtime rate in Arkansas?

  The overtime rate in Arkansas is 1.5 times (time-and-a-half) the employee's regular rate of pay for hours over 40 per workweek. Since Arkansas's minimum wage is $11.00/hour as of 2026, the overtime floor for minimum-wage workers is $16.50/hour.

• What is Arkansas's minimum wage in 2026?

  Arkansas's minimum wage is $11.00 per hour as of 2026 — $3.75 above the federal FLSA floor of $7.25/hour. This rate has been in effect since January 1, 2021 under A.C.A. § 11-4-210 and applies to employers with four or more employees.

• What is the minimum overtime pay for an Arkansas worker earning minimum wage?

  For an employee paid Arkansas's minimum wage of $11.00/hour, the overtime rate is $16.50/hour (1.5 × $11.00). This is $4.50/hour above the federal equivalent ($10.875/hour based on the $7.25 federal floor).

• Who is exempt from overtime in Arkansas?

  FLSA exemptions apply in Arkansas: executive, administrative, professional, outside sales, and certain computer employees are exempt if they meet the salary threshold ($684/week or $35,568/year as of 2026) and the duties test. Arkansas does not have additional state-specific exemptions beyond the FLSA categories.

• Do tips count toward the overtime rate for tipped employees in Arkansas?

  No. For tipped employees, overtime is calculated on the full minimum wage ($11.00/hour), not just the direct tipped wage of $2.63/hour. The overtime rate for a tipped employee earning minimum wage is $16.50/hour (1.5 × $11.00), regardless of tips.

• Can an Arkansas employer give comp time instead of overtime pay?

  Private-sector employers generally cannot substitute compensatory time off for overtime pay under the FLSA. However, state and local government employers in Arkansas may use comp time at a rate of 1.5 hours per overtime hour worked, as permitted by FLSA § 207(o).

• How is the regular rate of pay calculated for overtime in Arkansas?

  The regular rate is the total remuneration divided by total hours worked. It includes hourly wages, non-discretionary bonuses, commissions, and piece-rate pay — but excludes overtime premiums themselves, discretionary bonuses, and reimbursements. Arkansas follows the same FLSA formula.

• Where can I file an overtime complaint in Arkansas?

  Employees can file a wage claim with the Arkansas Department of Labor and Licensing (ADLL) at labor.arkansas.gov for unpaid overtime on amounts up to $2,000. For larger claims, contact the U.S. Department of Labor's Wage and Hour Division at dol.gov/agencies/whd or consult a licensed Arkansas employment attorney.