Arkansas wage regulations provide that employees be paid for all time that they are required to be at the workplace or on duty.
Employees who are required to be on duty for less than 24 hours each day must be compensated for all hours on duty, even if permitted to sleep or to use the time for their own purposes when they are not busy. A telephone operator, for example, who is required to be on duty for specified hours is working even though he or she is permitted to sleep when not busy answering calls. It makes no difference that the employee is furnished facilities for sleeping; his or her time is given to the employer. The employee is required to be on duty and the time is work time (AR Admin. Code Sec. 010.14.1-108).
Where an employee is required to be on duty for 24 hours or more, the employer and the employee may agree to exclude bona fide meal periods and a bona fide regularly scheduled sleeping period of not more than 8 hours from hours worked, provided adequate sleeping facilities are furnished by the employer, and the employee can usually enjoy an uninterrupted night's sleep. If the sleeping period is more than 8 hours, only 8 hours will be credited. Where no expressed or implied agreement to the contrary is present, the 8 hours of sleeping time and lunch periods constitute hours worked. If the sleeping period is interrupted by a call to duty, the interruption must be counted as hours worked. If the period is interrupted to such an extent that the employee cannot get a reasonable night's sleep, the entire period must be counted. If the employee cannot get at least 5 hours' sleep during the scheduled period, the entire time is working time (AR Admin. Code Sec. 010.14.1-108).
An employee ...