Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 4 · effective from · verified on
Verification: approved by a person (carried over from Juriset's first release).
Applies to
employees engaged in commerce or in the production of goods for commerce, or employed in an enterprise engaged in commerce
Exceptions
Category
employees employed in a bona fide executive, administrative, or professional capacity (including academic administrative personnel or teachers in elementary or secondary schools)
Condition
Section 13(a)(1) of the Fair Labor Standards Act provides an exemption from the Act's minimum wage and overtime requirements (29 CFR 541.0(a)); salary requirements in 29 CFR part 541 subpart G apply
Category
outside sales employees
Condition
exempt from minimum wage and overtime requirements under section 13(a)(1) of the Act (29 CFR 541.0(a), 541.500)
Category
computer systems analysts, computer programmers, software engineers, and other similarly skilled computer employees
Condition
Section 13(a)(17) of the Act provides an exemption from the minimum wage and overtime requirements (29 CFR 541.0(a)); see also 29 CFR 541.400
Category
employees of a retail or service establishment paid mainly by commission
Condition
if (1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services (29 U.S.C. 207(i))
Category
employees receiving remedial education
Condition
not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek without overtime pay, if the employee is receiving remedial education meeting 29 U.S.C. 207(q)
Category
employees of street, suburban or interurban electric railway, or local trolley or motorbus carrier employers in charter activities
Condition
hours employed in charter activities are excluded from the hours to which the overtime rate applies, if by prior agreement and not part of regular employment (29 U.S.C. 207(n))
no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. … No employer shall be deemed to have violated subsection (a) by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if (1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206 of this title, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services. … Any employer may employ any employee for a period or periods of not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if during such period or periods the employee is receiving remedial education that is— … in determining the hours of employment of such an employee to which the rate prescribed by subsection (a) applies there shall be excluded the hours such employee was employed in charter activities by such employer if (1) the employee's employment in such activities was pursuant to an agreement or understanding with his employer arrived at before engaging in such employment, and (2) if employment in such activities is not part of such employee's regular employment. … No employer engaged in the operation of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises shall be deemed to have violated subsection (a) if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for his employment in excess of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed. … No public agency shall be deemed to have violated subsection (a) with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if— … in a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975 … No employer shall be deemed to have violated subsection (a) by employing any employee for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed therein if such employee is so employed— … and if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed. … For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year, any employer may employ any employee for a workweek in excess of that specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if such employee— … such employment by such employer which is in excess of ten hours in any workday, and … such employment by such employer which is in excess of forty-eight hours in any workweek,
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 5 · effective from · a source has never been verified against the live page
Verification: approved by a person (carried over from Juriset's first release).
Applies to
non-exempt employees of employers with 4 or more employees
Exceptions
Category
bona fide executive, administrative, or professional employees and outside commission-paid salespersons
Condition
The Minimum Wage Act does not apply; 11 CAR § 11-602(a)(1)(A), see Arkansas Code § 11-4-203(2)(A)
Category
students performing services for the school, college, or university in which they are enrolled
Condition
The act shall not apply; 11 CAR § 11-602(b)(1), Arkansas Code § 11-4-203(2)(B)
Category
individuals employed by the United States Government
Condition
The act shall not apply; 11 CAR § 11-602(b)(2), Arkansas Code § 11-4-203(2)(C)
Category
individuals in educational, charitable, religious, or nonprofit organizations where no employer-employee relationship exists or services are gratuitous
Condition
The act shall not apply; 11 CAR § 11-602(b)(3), Arkansas Code § 11-4-203(2)(D); does not apply to services for a for-profit enterprise
Category
bona fide independent contractors
Condition
The act shall not apply; 11 CAR § 11-602(b)(4), Arkansas Code § 11-4-203(2)(E)
Category
employees of an agricultural employer who did not use more than 500 man-days of agricultural labor in any calendar quarter of the preceding calendar year
Condition
The act shall not apply; 11 CAR § 11-602(b)(5), Arkansas Code § 11-4-203(2)(F)
Category
parent, spouse, child, or other member of an agricultural employer's immediate family
Upcoming changes
No published changes are waiting to take effect.
Change history
Federal: United States
Version
Effective
Published
Change
Value
4in effect
new
overtime in us: version 4, effective 2026-10-24, published (new)
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
State: Arkansas
Version
Effective
Published
Change
Value
5in effect
correction
overtime in us-ar: version 5, effective 2026-10-24, published (correction); replaces version 2
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
2superseded
new
overtime in us-ar: version 2, effective 2026-10-24, published (new)
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
The response holds everything on this page, including each level's sources. See the API docs; a free key is enough for today's rule.
Informational only. Not legal advice. Verify with the cited source.
1.5
Alternative schemes
Group
employers engaged in the operation of a hospital or an establishment primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises
Condition
pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days (29 U.S.C. 207(j))
Period days
14
Threshold daily hours
8
Threshold period hours
80
Group
public agency employees in fire protection activities or law enforcement activities (including security personnel in correctional institutions)
Condition
in a work period of 28 consecutive days, tours of duty which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average number of hours determined by the Secretary for calendar year 1975; shorter work periods of at least 7 days use the same ratio (29 U.S.C. 207(k))
Period days
28
Group
employees employed under collective bargaining agreements described in 29 U.S.C. 207(b)(1) or (2), or by independently owned local petroleum distribution enterprises described in 207(b)(3)
Condition
if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate (29 U.S.C. 207(b)); overtime required for hours in excess of the daily or weekly maximum, whichever number of hours is greater (29 CFR 778.602)
Period days
7
Threshold daily hours
12
Threshold period hours
56
Group
employees employed in auction sale, buying, handling, stripping, sorting, grading, packing or storing of specified types of green leaf or cigar leaf tobacco
Condition
For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year (29 U.S.C. 207(m)); an employer using this exemption is not eligible for any other exemption under section 207
The Department’s regulations require executive, administrative, and professional employees to be paid at least a minimum salary amount to be exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements under section 13(a)(1).
Section 13(a)(1) of the Fair Labor Standards Act, as amended, provides an exemption from the Act's minimum wage and overtime requirements for any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of an outside sales employee … Section 13(a)(17) of the Act provides an exemption from the minimum wage and overtime requirements for computer systems analysts, computer programmers, software engineers, and other similarly skilled computer employees.
he must be paid at such overtime rate for all hours worked in the workweek in excess of the applicable daily maximum or in excess of the applicable weekly maximum, whichever number of hours is greater.
The act shall not apply; 11 CAR § 11-602(b)(6), Arkansas Code § 11-4-203(2)(G)
Category
hand-harvest laborers paid on a piece-rate basis who commute daily and were employed in agriculture fewer than 13 weeks in the preceding calendar year
Condition
The act shall not apply; 11 CAR § 11-602(b)(7), Arkansas Code § 11-4-203(2)(H)
Category
migrants 16 years of age or under employed as hand-harvest laborers on the same farm as their parents and paid the same piece rate
Condition
The act shall not apply; 11 CAR § 11-602(b)(8), Arkansas Code § 11-4-203(2)(I)
Category
employees principally engaged in the range production of livestock
Condition
The act shall not apply; 11 CAR § 11-602(b)(9), Arkansas Code § 11-4-203(2)(J)
Category
forestry and lumbering employees where the employer employs not more than eight in such operations
Condition
The act shall not apply; 11 CAR § 11-602(b)(10), Arkansas Code § 11-4-203(2)(K)
Category
employees of a nonprofit recreational or educational camp operating not more than seven months in any calendar year
Condition
The act shall not apply; 11 CAR § 11-602(b)(11), Arkansas Code § 11-4-203(2)(L)
Category
houseparents of a nonprofit child welfare agency meeting the stated care and compensation conditions
Condition
The act shall not apply; 11 CAR § 11-602(b)(12), Arkansas Code § 11-4-203(2)(M)
Category
employees in connection with publication of a weekly, semiweekly, or daily newspaper with circulation of less than 4,000
Condition
The act shall not apply where the major part of the circulation is within the county where published or counties contiguous thereto; 11 CAR § 11-602(b)(13), Arkansas Code § 11-4-203(2)(N)
Category
employees employed on a casual basis in domestic service to provide babysitting or companionship services
Condition
The act shall not apply; 11 CAR § 11-602(b)(14), Arkansas Code § 11-4-203(2)(O)
Category
employees engaged in the delivery of newspapers to retail subscribers
Condition
The act shall not apply; 11 CAR § 11-602(b)(15), Arkansas Code § 11-4-203(2)(P)
Category
home workers making evergreen wreaths
Condition
The act shall not apply; 11 CAR § 11-602(b)(16), Arkansas Code § 11-4-203(2)(Q)
Category
individuals employed by an organized camp or a religious or nonprofit educational conference center meeting the seasonal operation or receipts test
Condition
The act shall not apply; 11 CAR § 11-602(b)(17), Arkansas Code § 11-4-203(2)(R)
Category
direct sellers as defined in 26 U.S.C. § 3508(b)(2)
Condition
The act shall not apply; 11 CAR § 11-602(b)(18), Arkansas Code § 11-4-203(2)(S)
Category
minor league baseball players compensated under a collective bargaining agreement
Condition
The act shall not apply; 11 CAR § 11-602(b)(19), Arkansas Code § 11-4-203(2)(T)
Category
agricultural employees
Condition
The overtime provisions of Arkansas Code § 11-4-211(a) do not apply; 11 CAR § 11-603(1)
Category
employees for whom the U.S. Secretary of Transportation has power to establish qualifications and maximum hours of service under 49 U.S.C. § 31502
Condition
Overtime provisions do not apply; 11 CAR § 11-603(2)
Category
employees of an employer operating a rail carrier subject to 49 U.S.C. part A of subtitle IV
Condition
Overtime provisions do not apply; 11 CAR § 11-603(3)
Category
employees of a carrier by air subject to Title II of the federal Railway Labor Act
Condition
Overtime provisions do not apply; 11 CAR § 11-603(4)
Category
outside buyers of poultry, eggs, cream, or milk in their raw or natural state
Condition
Overtime provisions do not apply; 11 CAR § 11-603(5)
Category
seamen
Condition
Overtime provisions do not apply; 11 CAR § 11-603(6)
Category
announcers, news editors, or chief engineers of radio or television stations in qualifying smaller cities or towns
Condition
Overtime provisions do not apply; 11 CAR § 11-603(7)
Category
salespersons, parts persons, or mechanics selling or servicing automobiles, trucks, or farm implements, and salespersons selling trailers, boats, or aircraft, for nonmanufacturing dealers
Condition
Overtime provisions do not apply; 11 CAR § 11-603(8)
Category
drivers or driver's helpers making local deliveries paid on trip rates or other delivery payment plan
Condition
Overtime provisions do not apply; 11 CAR § 11-603(9)
Category
employees operating or maintaining non-profit or sharecrop ditches, canals, reservoirs, or waterways used for agricultural water
Condition
Overtime provisions do not apply where the ditches, canals, reservoirs, or waterways are not owned or operated for profit, or are operated on a sharecrop basis, and are used exclusively for supply and storing of water at least ninety percent (90%) of which was ultimately delivered for agricultural purposes during the preceding calendar year; 11 CAR § 11-603(10)
Category
employees in livestock auction operations primarily employed by the same employer in agriculture
Condition
Overtime provisions do not apply, provided the employee is primarily employed during the week by the same employer in agriculture and is paid for the livestock auction work at a rate not less than the minimum wage rate prescribed by Arkansas Code § 11-4-210(a); 11 CAR § 11-603(11)
Category
employees within the area of production of an establishment commonly recognized as a country elevator with no more than five employees in such operations
Condition
Overtime provisions do not apply; includes such an establishment which sells products and services used in the operation of a farm; 11 CAR § 11-603(12)
Category
employees processing maple sap into sugar or syrup
Condition
Overtime provisions do not apply; 11 CAR § 11-603(13)
Category
employees transporting fruits and vegetables from the farm, or harvest workers between the farm and points within the state
Condition
Overtime provisions do not apply; 11 CAR § 11-603(14)
Category
taxicab drivers
Condition
Overtime provisions do not apply; 11 CAR § 11-603(15)
Category
public agency fire protection or law enforcement employees
Condition
Overtime provisions do not apply if the public agency employs during the workweek less than five (5) employees in fire protection or law enforcement activities; 11 CAR § 11-603(16)
Category
live-in domestic service employees
Condition
Overtime provisions do not apply to an employee employed in domestic service in a household who resides in such household; 11 CAR § 11-603(17)
Category
criminal investigators paid availability pay under 5 U.S.C. § 5545a
Condition
Overtime provisions do not apply; 11 CAR § 11-603(19)
Multiplier
1.5
Alternative schemes
Group
employees of a private entity at an amusement or recreational establishment located in a national park, national forest, or National Wildlife Refuge System land
Condition
Receives compensation for employment in excess of fifty-six (56) hours in any workweek at a rate not less than one and one-half (1 1/2) times the regular rate; 11 CAR § 11-603(18)
Period days
7
Threshold period hours
56
Group
hospitals and residential care facilities
Condition
Deemed in compliance with Arkansas Code § 11-4-211 provided they comply with the provisions for computing overtime pursuant to 29 U.S.C. § 207(j) and 29 C.F.R. § 778.601; 11 CAR § 11-902
Group
public agency employees in fire protection or law enforcement activities, including security personnel in correctional institutions
Condition
No violation provided that the public agency pays overtime pay in compliance with 29 U.S.C. § 207(k); 11 CAR § 11-604(c), Arkansas Code § 11-4-211(e)
Group
independently owned and controlled local enterprises engaged in the wholesale or bulk distribution of petroleum products
Condition
Deemed in compliance provided it complies with the provisions of determining overtime pursuant to 29 U.S.C. § 207(b) and 29 C.F.R. §§ 794.101 – 794.144; 11 CAR § 11-903
Group
employers subject to a collective bargaining agreement covered by 29 U.S.C. § 207(b)
Condition
Deemed in compliance provided they comply with the provisions of determining overtime pursuant to 29 U.S.C. § 207(b) and 29 C.F.R. § 778.602; 11 CAR § 11-904
In most cases, an employer has to pay overtime (one and one-half times the regular rate of pay) to non-exempt employees for all hours actually worked in excess of 40 hours in a workweek.
An employer has to pay overtime (one and one-half times the regular rate of pay) to non-exempt employees for all hours actually worked in excess of 40 hours in a workweek.
does not apply to any individual employed in a bona fide executive, administrative, or professional capacity or as an outside commission-paid salesperson who customarily performs his or her services away from his or her employer’s premises taking orders for goods or services. … The overtime provisions of Arkansas Code § 11-4-211(a) do not apply to: … (1) An agricultural employee; … (2) An employee with respect to whom the United States Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to 49 U.S.C. § 31502; … (3) An employee of an employer engaged in the operation of a rail carrier subject to 49 U.S.C. part A of subtitle IV; … (4) An employee of a carrier by air subject to the provisions of Title II of the federal Railway Labor Act; … (5) An individual employed as an outside buyer of poultry, eggs, cream, or milk in their raw or natural state; … (6) An employee employed as a seaman; … (7) An employee employed as an announcer, news editor, or chief engineer by a radio or television station … (8) A salesperson: … (9) An employee employed as a driver or driver’s helper making local deliveries, who is compensated for such employment on the basis of trip rates, or other delivery payment plan; … (10) An employee employed in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways … (11) An employee employed in connection with livestock auction operations … (12) An employee employed within the area of production by an establishment commonly recognized as a country elevator … (13) An employee engaged in the processing of maple sap into: … (14) An employee engaged in the: … (15) A driver employed by an employer engaged in the business of operating taxicabs; … (16) An employee of a public agency who in any workweek is employed in fire protection activities, or any employee who in any workweek is employed in law enforcement activities … (17) An employee who is employed in domestic service in a household and who resides in such household; … (19) A criminal investigator who is paid availability pay under 5 U.S.C. § 5545a. … (18) An employee of an amusement or recreational establishment located in a national park or national forest or on land in the National Wildlife Refuge System if such employee: … (B) Receives compensation for employment in excess of fifty-six (56) hours in any workweek at a rate not less than one and one-half (1 1/2) times the regular rate at which he or she is employed … Hospitals and residential care facilities shall be deemed in compliance with Arkansas Code § 11-4-211 provided they comply with the provisions for computing overtime pursuant to 29 U.S.C. § 207(j) and 29 C.F.R. § 778.601, which are adopted and incorporated herein. … no public agency shall be deemed to have violated the overtime provisions of the Minimum Wage Act of the State of Arkansas, Arkansas Code § 11-4-201 et seq., with respect to the employment of any employee in fire protection activities or in law enforcement activities, including security personnel in correctional institutions, provided that the public agency pays overtime pay in compliance with 29 U.S.C. § 207(k).
Premium Pay After Designated Hours 1 : Weekly - 40 … 1 The overtime premium rate is one and one-half times the employee's regular rate, unless otherwise specified.