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Arkansas Clarifies Scope of Compensable Activities Under State Wage and Hour Law

Posted on April 19 2017 09:38 AM

New Provisions Currently Effective

A new law in Arkansas provides employers relief from liability under state wage and hour law for failure to pay minimum wage or overtime in certain instances.

Non-Compensable Activities
Effective April 5, 2017, an employer is not subject to liability under state wage and hour law on account of its failure to pay an employee minimum wages or overtime compensation for (or on account of) any of the following employee activities:

  • Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which the employee is employed to perform; and
  • An activity that is preliminary to or postliminary to the principal activity or activities, that occurs either before the time on any particular workday at which the employee commences or subsequent to the time on any particular workday at which he or she ceases the principal activity or activities.
    • Note: For purposes of the bullet immediately above, the use of an employer's vehicle for travel by an employee and activities performed by an employee that are incidental to the use of the vehicle for commuting are not to be considered part of the employee's principal activities if: 1) the use of the vehicle for travel is within the normal commuting area for the employer's business or establishment; and 2) the use of the employer's vehicle is subject to an agreement on the part of the employer and the employee or representative of the employee.

Exceptions
The employer is not relieved from liability if the activity is compensable by either:

  • An express provision of a written or oral contract in effect at the time of the activity between the employee, his or her agent, or collective-bargaining representative and his or her employer; or
  • A custom or practice in effect at the time of the activity at the establishment or other place where the employee is employed covering the activity, not inconsistent with a written or oral contract in effect at the time of the activity, between the employee, his or her agent, or collective-bargaining representative and his or her employer.

Note: This law applies only to conduct occurring on or after April 5, 2017.

For additional information, click here to read the text of the law. 

To review other laws specific to Arkansas, visit the State Laws section, click on Arkansas, and choose your topic of interest from the left-hand navigation menu.