Arkansas does not require daily overtime. Under the Arkansas Minimum Wage Act (Ark. Code Ann. § 11-4-211), a covered employee must be paid overtime of one and one-half times the regular rate of pay only for hours worked over 40 in a single workweek — not for working more than 8 hours in a day. So an Arkansas employee who works three 13-hour shifts (39 hours) in a week is generally owed no overtime, even though two of those days ran well past 8 hours. Arkansas simply mirrors the federal weekly threshold; it has no daily-overtime rule like California's. The trade-off that actually helps Arkansas workers is coverage: the state overtime requirement reaches employers with four or more employees, which can capture small businesses that fall under the federal annual-revenue threshold.
The 40-Hour Workweek Rule
Both Arkansas and federal law measure overtime by the workweek, defined as a fixed, regularly recurring period of 168 hours — seven consecutive 24-hour days. The week does not have to match the calendar week, but once an employer sets it, it should stay consistent. Overtime is owed for each hour over 40 in that week.
A few points trip people up in Arkansas:
No daily overtime. Hours over 8 in a day do not trigger overtime by themselves. Only the weekly total matters.
No averaging across weeks. An employer cannot average a 30-hour week and a 50-hour week to avoid paying 10 hours of overtime. Each week stands alone.
Paid time off does not count as hours worked. Holiday, vacation, and sick hours generally are not "hours worked," so a week with 32 worked hours plus 8 holiday hours usually produces no overtime.
Weekends and holidays are not automatically overtime. Arkansas does not require premium pay simply for working a Saturday, Sunday, or holiday — that is a matter of company policy unless the weekly 40 is exceeded.
The Overtime Rate — and What "Regular Rate" Means
The overtime rate is 1.5 times the employee's regular rate of pay, and the regular rate is often higher than the base hourly wage. It must include most forms of compensation — nondiscretionary bonuses, shift differentials, and certain commissions — averaged into the hourly figure. For example, a worker paid $14 an hour plus a $100 weekly production bonus has a regular rate above $14, so the overtime half-time premium is calculated on that higher number, not on $14 alone.
For tipped employees, overtime is calculated on the full minimum wage, not the lower cash wage the employer actually pays after the tip credit. This is a common source of underpayment in Arkansas restaurants.
For context on the wage floor that feeds these calculations: the federal Fair Labor Standards Act (FLSA) sets a minimum wage of $7.25 per hour. Arkansas's minimum wage is higher. As of 2026, the Arkansas minimum wage is $11.00 per hour, set by the voter-approved Issue 5 schedule that reached $11.00 in 2021. Because state minimum-wage figures can change through legislation or ballot measures, confirm the current rate with the Arkansas Department of Labor and Licensing before relying on it.
Who Is Exempt From Overtime in Arkansas
Arkansas's overtime exemptions track the federal FLSA framework closely. The most common are the "white-collar" exemptions, which require that an employee meet both a duties test and a salary test — a job title alone never decides it:
Executive — primarily manages the business or a department, regularly directs at least two full-time employees, and has authority over hiring and firing (or meaningful input into it).
Administrative — performs office or non-manual work directly related to management or general business operations and exercises independent judgment on significant matters.
Professional — work requiring advanced knowledge in a field of science or learning, usually acquired through prolonged specialized instruction (lawyers, accountants, engineers, etc.).
Outside sales and certain computer professionals.
Salaried does not mean exempt. A salaried worker who does not meet a duties test — or who is paid below the required salary threshold — is still owed overtime. The salary level for the white-collar exemptions is set under federal regulations and has been the subject of recent rulemaking and litigation, so the exact dollar figure can shift; verify the current threshold rather than assuming.
Arkansas law also lists specific categories that fall outside the state overtime requirement, which can include agricultural workers, certain executive/administrative/professional employees, and other narrowly defined groups under Ark. Code Ann. § 11-4-203 and related provisions. Misclassification — labeling a worker "exempt" or an "independent contractor" to avoid overtime — is one of the most frequent wage violations, and the label does not control if the actual work does not fit the exemption.
How to Recover Unpaid Overtime in Arkansas
Arkansas workers generally have two enforcement paths, and many viable claims can be pursued under both state and federal law at once.
File with the state agency. The Arkansas Department of Labor and Licensing, Labor Standards Division accepts wage complaints and can investigate unpaid wages and overtime under the Arkansas Minimum Wage Act.
File with the U.S. Department of Labor. The federal Wage and Hour Division enforces the FLSA and can recover back wages plus, in many cases, an equal amount in liquidated (double) damages.
File a private lawsuit. A worker can sue under the Arkansas Minimum Wage Act and/or the FLSA. Successful claims can recover unpaid overtime, liquidated damages, and attorney's fees and costs, which makes it possible to find a lawyer even for moderate claims.
Watch the deadlines. Under the FLSA, the statute of limitations is generally two years, extended to three years for willful violations. The Arkansas Minimum Wage Act has its own limitations period — commonly applied as three years for unpaid-wage claims — but because limitations rules carry exceptions and have been litigated, confirm the deadline that applies to your specific situation before you wait.
Practical steps strengthen any claim: keep your own record of hours worked (dates, start and end times, breaks), save pay stubs and schedules, and note any "off-the-clock" work such as pre-shift setup, post-shift cleanup, or answering messages from home. It is unlawful for an employer to retaliate against — fire, demote, or punish — a worker for asserting overtime rights or filing a complaint.
Where to Verify
For the authoritative state rules, contact the Arkansas Department of Labor and Licensing (ADLL), Labor Standards Division, which administers the Arkansas Minimum Wage Act and its overtime provisions. For federal overtime questions, consult the U.S. Department of Labor's Wage and Hour Division. Because minimum-wage figures, salary thresholds for exemptions, and limitations details can change, treat the official agencies as the final word and verify any specific dollar amount or deadline before acting on it.
Official Arkansas Sources
This page is based on Arkansas employment law. Rules and figures change — verify the current details directly with the official Arkansas sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Arkansas state law.
Frequently asked questions
Does Arkansas require daily overtime after 8 hours?
No. Arkansas has no daily-overtime rule. Overtime is owed only for hours worked over 40 in a single workweek, paid at 1.5 times the regular rate. Working more than 8 hours in a day does not, by itself, trigger overtime in Arkansas.
What is the Arkansas overtime rate?
One and one-half times the employee's regular rate of pay for hours over 40 in a workweek. The regular rate must include nondiscretionary bonuses, shift differentials, and certain commissions, so it is often higher than the base hourly wage.
Which employers must pay overtime under Arkansas law?
The Arkansas Minimum Wage Act generally applies to employers with four or more employees. That can cover smaller businesses that fall below the federal FLSA's annual-revenue threshold, so some workers are protected by state law even when federal coverage is unclear.
Does a salary make me exempt from overtime in Arkansas?
Not automatically. To be exempt, you must meet both a duties test (executive, administrative, professional, etc.) and a salary threshold. A salaried worker who does not satisfy a duties test, or who is paid below the required salary level, is still owed overtime.
How long do I have to file an unpaid-overtime claim in Arkansas?
Under the federal FLSA, generally two years, or three years for willful violations. The Arkansas Minimum Wage Act has its own limitations period, commonly applied as three years for unpaid wages. Because exceptions exist, confirm the deadline for your situation with the Arkansas Department of Labor and Licensing or an attorney.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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