Recordkeeping/Posters Law Summaries

WHAT THE EMPLOYER MUST DO

Employers in Arkansas have recordkeeping responsibilities under the state's minimum wage and overtime pay law, child labor law, equal pay law, unemployment insurance law, drug testing law and military leave law, according to reported state law summaries. See RECORDKEEPING below for specific requirements.

Employers in Arkansas must display a minimum wage and overtime pay poster, an unemployment insurance notice, any drug testing policy, and a workers' compensation notice. See POSTERS below for specific requirements.

RECORDKEEPING

Minimum wages and overtime pay. --Every employer with four or more employees (that are not covered by the federal Fair Labor Standards Act) must make and keep, in or about the workplace, a record of the name, address and occupation of each employee; the rate of pay and the amount paid each pay period to each employee; and other information prescribed by regulation (Ark CodeAnn, Sec. 11-4-217, as amended by Act 1423 (H. 1950), L. 2001).

The records must be open for inspection or transcription by the Director of the Department of Labor or an authorized representative at any reasonable time (Ark CodeAnn, Sec. 11-4-217, as amended by Act 1423 (H. 1950), L. 2001).

Retention requirement: three years.

Reports. --Every employer must furnish to the director or to an authorized representative, on demand, a sworn statement of the records and information upon approved forms (Ark CodeAnn, Sec. 11-4-217, as amended by Act 1423 (H. 1950), L. 2001).

Child labor: Employment certificates. --A person, firm, or corporation employing any child under 16 years to work in or in connection with any establishment or occupation must keep an employment certificate (see 4-1500 ) on file and accessible to the Arkansas Department of Labor and the Arkansas Department of Education, or local school officials (Ark CodeAnn, Sec. 11-6-109).

Equal pay. --Every employer subject to Secs. 11-4-607 --11-4-612 (see 4-2500 ) must keep and maintain records of the salaries and wage rates, job classifications, and other terms and conditions of employment of the persons it employs. The records must also be made available to the parties and to the court wherein an action to recover unpaid wages under the law is pending (Ark CodeAnn, Sec. 11-4-612).

Retention requirement: three years.

Unemployment insurance. --Employers must keep true and accurate work records, containing information prescribed by the Director of the Employment Security Department. No particular form is prescribed for the payroll records. However, the records must be open to inspection by the director or authorized representatives at any reasonable time and as often as necessary.

Retention requirement: five years after the month following the quarter to which they pertain.

Reports. --Employers may be required to submit sworn or unsworn reports concerning their employees.

Drug testing. --A written record must be made of the observations leading to a controlled substances reasonable suspicion test within 24 hours of the observed behavior or before the results of the test are released, whichever is earlier. A copy of this documentation must be given to the employee upon request, and the original documentation must be kept confidential by the covered employer and must be retained by the covered employer for at least one year (Sec. 6(a)(2), Act 1552 (S. 773), L. 1999).

If testing is conducted based on reasonable suspicion, the covered employer must promptly detail in writing the circumstances that formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of the documentation must be given to the employee upon request and the original documentation must be kept confidential by the covered employer pursuant to Sec. 9 (see 4-8600 ), and must be retained by the covered employer for at least one year (Sec. 7(f), Act 1552 (S. 773), L. 1999).

Military leave. --Each employee who requests military leave must furnish a copy of his or her military orders to their employer. These orders must be kept in the employee's personnel file (Ark CodeAnn, Sec. 21-4-212(a)).

Social security number protection. --Effective January 1, 2007, except as otherwise provided just below, a person (including an individual, corporation, partnership, organization, or any other entity) may not do any of the following (Sec. 4-86-107, as added by Act 1295 (S. 335), L. 2005):

(1) publicly post or publicly display in any manner an individual's social security number;

(2) print an individual's social security number on any card required for the individual to access products or services provided by the person or entity;

(3) print an individual's social security number on a postcard or other mailer not requiring an envelope or in a manner in which the social security number is visible on the envelope or without the envelope being opened; or

(4) require an individual to transmit his or her social security number over the Internet unless the connection is secure or the social security number is encrypted.

This section does not prevent the collection, use, or release of a social security number as required or explicitly authorized by federal or state law, or pursuant to state or federal court rules (Sec. 4-86-107, as added by Act 1295 (S. 335), L. 2005).

This section does not apply to an entity providing an electronic communications service to the public that is used by another person to violate this section unless the entity conspires with another person to violate this section or intentionally aids and abets another person in the violation of this section (Sec. 4-86-107, as added by Act 1295 (S. 335), L. 2005).

This section shall not be asserted as a means to avoid compliance with an otherwise valid request for records pursuant to the state's Freedom of Information Act (Sec. 4-86-107, as added by Act 1295 (S. 335), L. 2005).

Institutions of higher education (electronic communication privacy policy). --Each public postsecondary institution in Arkansas must adopt a privacy policy governing electronic communications originated or received by a faculty member, staff member, or a student that is transmitted over the institution's computer network system (Ark CodeAnn, Sec. 6-61-126, as added by Act 1799 (H. 2496), L. 2003).

No later than January 1, 2004, the computer policy shall be included in each institution's student handbook and shall be available on each institution's website (Ark CodeAnn, Sec. 6-61-126, as added by Act 1799 (H. 2496), L. 2003).

For purposes of this section, "electronic communication" includes any electronic mail message transmitted through the international network of interconnected government, educational, and commercial computer networks, and includes messages transmitted from or to any address affiliated with an internet site (Ark CodeAnn, Sec. 6-61-126, as added by Act 1799 (H. 2496), L. 2003).

Illegal immigrants/prohibition/public contracts for services. --No state agency may enter into or renew a public contract for services with a contractor who knows that the contractor or a subcontractor employs or contracts with an illegal immigrant to perform work under the contract (Ark CodeAnn, Sec. 19-11-105, as added by Act 157 (H. 1024), L. 2007, effective 90 days after the legislature adjourns).

For purposes of this section, "contractor" means a person having a public contract with a state agency for professional services, technical and general services, or any category of construction in which the total dollar value of the contract is $25,000 or greater (Ark CodeAnn, Sec. 19-11-105, as added by Act 157 (H. 1024), L. 2007, effective 90 days after the legislature adjourns).

Before executing a public contract, each prospective contractor shall certify in a manner that does not violate federal law in existence on January 1, 2007, that the contractor, at the time of the certification, does not employ or contract with an illegal immigrant (Ark CodeAnn, Sec. 19-11-105, as added by Act 157 (H. 1024), L. 2007, effective 90 days after the legislature adjourns).

If a contractor violates this section, the state shall require the contractor to remedy the violation within 60 days. If the contractor does not remedy the violation within those 60 days, the state shall terminate the contract for breach of the contract. If the contract is so terminated, the contractor shall be liable to the state for actual damages (Ark CodeAnn, Sec. 19-11-105, as added by Act 157 (H. 1024), L. 2007, effective 90 days after the legislature adjourns).

If a contractor uses a subcontractor at the time of certification, the subcontractor shall certify in a manner that does not violate federal law in existence on January 1, 2007, that the subcontractor, at that time of certification, does not employ or contract with an illegal immigrant (Ark CodeAnn, Sec. 19-11-105, as added by Act 157 (H. 1024), L. 2007, effective 90 days after the legislature adjourns).

A subcontractor shall submit this required certification within 30 days after the execution of the subcontract (Ark CodeAnn, Sec. 19-11-105, as added by Act 157 (H. 1024), L. 2007, effective 90 days after the legislature adjourns).

The contractor shall maintain on file the certification of the subcontractor throughout the duration of the term of the contract (Ark CodeAnn, Sec. 19-11-105, as added by Act 157 (H. 1024), L. 2007, effective 90 days after the legislature adjourns).

If the contractor learns that a subcontractor is in violation of this section, the contractor may terminate the contract with the subcontractor and the termination of the contract for a violation of this section shall not be considered a breach of the contract by the contractor and subcontractor (Ark CodeAnn, Sec. 19-11-105, as added by Act 157 (H. 1024), L. 2007, effective 90 days after the legislature adjourns).

POSTERS

PLEASE NOTE: Posters are provided for informational purposes only. Many states require posters to be of a particular size, or may require the official poster provided by the regulating agency to be posted, rather than a copy. Please check with the relevant agency to assure proper compliance.

Minimum wages and overtime pay. --Every employer with four or more employees (that are not covered by the federal Fair Labor Standards Act) must keep a summary of Arkansas' wage-hour law, approved by the Director of the Department of Labor, and copies of any applicable regulations, or a summary of the regulations approved by the director, posted in a conspicuous and accessible place in the workplace (Ark CodeAnn, Sec. 11-4-216, as amended by Act 1423 (H. 1950), L. 2001).

How to order. --Employers must be furnished copies of the minimum wage law and regulation summaries by the Director of the Department of Labor, on request, without charge. To obtain a wage-hour summary, contact the director at 10421 W. Markham, Little Rock, AR 72205. Telephone: (501) 682-4541. Fax: (501) 682-4532.

Smoking in the workplace. --Signs must be posted in smoking and nonsmoking areas, indicating whether smoking is or is not permitted. In addition, a sign reading "Fireworks --No Smoking" must be posted where fireworks are sold.

Unemployment insurance. --Every employer must post and maintain printed statements concerning benefit rights, claims for benefits and other matters relating to administration of the unemployment insurance law as required by regulation.

How to order. --For information about the unemployment insurance statement, contact the Employment Security Department, Employment Security Department Building, P.O. Box 2981, Capitol Mall, Little Rock, AR 72203-2981. Telephone (501) 682-3253.

Drug testing. --A notice of the covered employer's drug and alcohol testing policy must be posted in an appropriate and conspicuous location on the covered employer's premises (Sec. 5, Act 1552 (S. 773), L. 1999).

Subject to any applicable provisions of a collective bargaining agreement or any applicable labor law, a covered employer may rescind its coverage under Arkansas' drug testing law by posting a written and dated notice in an appropriate and conspicuous location on its premises. The notice must state that the policy will no longer be conducted pursuant to Arkansas' drug testing law (Sec. 5, Act 1552 (S. 773), L. 1999).

Workers' compensation. --

Job safety and health. --