Employment · Arkansas

Can I sue for unpaid overtime in Arkansas?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Arkansas?

free route

The Labor Standards Section investigates wage claims of $2,000 or less, and you may not file one at all if the amount in dispute is more than $2,000 or if you earn more than $50,000 a year. Inside those limits it is unusually generous: it does not matter whether you were an employee or an independent contractor, both are covered, and if the claim is found valid the Division may take legal action to collect.

source ↗Not yet checked against the statute.

Which court hears a case like this in Arkansas?

which court

Small claims division of the district court

source ↗Not yet checked against the statute.

How much can you sue for in Arkansas small claims court?

small claims limit

$5,000

source ↗Not yet checked against the statute.

exceptions: It cannot be used to contest who owns or may possess real estate. Collection agencies and anyone in the business of lending at interest cannot file here at all.

source ↗Not yet checked against the statute.

What else should you know in Arkansas?

also

Both cut-offs are worth reading twice. A year of unpaid overtime passes $2,000 easily, and the $50,000 salary bar shuts out exactly the misclassified salaried worker most likely to be owed it. Over either line, the federal claim above is the route.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

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