Arkansas Wage and Hour Investigations: What you need to know

Employers covered by Arkansas's minimum wage and overtime law are required to keep employee records, including the name, address, and occupation of each employee; the rate of pay; and the amount paid each pay period to each employee, for at least 3 years. At any reasonable time, the Department of Labor's director (or his or her authorized representative) may inspect or make a transcription of those records, as well as any books, registers, payrolls, and other wage-related records. In addition, the director may question employees and require that employers provide a sworn statement of their wage-related records (AR Stat. Sec. 11-4-209and Sec. 11-4-217). There are more details on minimum wage and overtime.
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Violations and penalties. Willful violations of the state's minimum wage and overtime provisions are punishable by a fine of $50 to $1,000 per violation. The amount of the fine is based on the size of the business and the gravity of the violation. Each day a violation continues is considered a separate offense. Violations include willfully:
• Hindering or delaying the director's investigation;
• Refusing to admit the director to the place of employment;
• Failing to keep required records;
• Falsifying records;
• Refusing to make relevant records available to the director on demand;
• Refusing to provide a sworn statement of the record on demand;
• Failing to post a summary or copy of the state's minimum wage and overtime provisions;
• Paying or agreeing to pay minimum wages at a rate less than the applicable rate; and
• Discharging or discriminating against an employee who makes a minimum wage complaint, causes such a proceeding, or testifies or is about to testify in such a proceeding (AR Stat. Sec. ...

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