Payroll and Benefits Guide United States – Arkansas

Employer

Employer Payroll Contributions

Employee

Employee Payroll Contributions

Employee

Employee Income Tax

General

The minimum wage in Arkansas is 11.00 USD per hour.

There are also other minimum requirements:

• Minimum cash wage (tipped employee): 2.63 USD per hour
• Maximum tip credit: 8.37 USD per hour

Payroll Cycle

In general, employees are paid monthly or semi-monthly in Arkansas. When the pay cycle is semi-monthly, the payments must not be more than 16 days apart or 5 days after the end date of the pay period.

13th Salary

There are no provisions in the law regarding 13th salaries.

General

In Arkansas, the workweek is a maximum of 40 hours per week or 8 hours per day.

Overtime

Arkansas adheres to the Fair Labour Standards Act (FLSA), and work in excess of 40 hours per week is considered overtime and paid at the rate of 150% of the regular pay. If employees are scheduled to work on weekends or rest days, no additional payment is required.

However, should an employer request an employee to work in exceptional circumstances on these days, then overtime is paid at the rate of 150% of the regular pay.

Working Week

Monday-Friday

Paid Time Off

Arkansas does not have any state laws that govern paid time off. However, it is common for employers to decide whether to offer paid or unpaid vacation leave.  This must comply with employment law and must be stipulated in the collective bargaining agreements.

Public Holidays

There are 12 public holidays in Arkansas. Public holidays are not mandatory as paid days off, however, it is very common to allow workers to take federal holidays as paid days off.

Sick Days

It is common for an employer to follow the Family and Medical Leave Act (FMLA) which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons (maternity leave, serious illnesses, or if the employee needs to care for a spouse or child).

Employees are eligible for FMLA if they have worked for their employer for at least one year, completed a minimum of 1,250 hours over the past year, and worked at a location where the company employs 50 or more employees within 75 miles.

FMLA eligible employees are entitled to:

• 12 working weeks of leave in any one year for a child’s birth and to care for the newborn child within one year of birth.
• Leave for the adoption or foster care of a child and care for the newly placed child within one year of placement.
• Care for the employee’s spouse, child, or parent who has a severe health condition.
• Leave in the event of a serious health condition that makes the employee unable to perform the essential functions of their job.
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

Or

• 26 working weeks of leave during a single one-year period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

In addition to FMLA, Arkansas also has The Arkansas Civil Rights Act, which prohibits employers from discriminating based on gender, including pregnancy, childbirth, and related medical conditions. Under this act, employers must ensure that their policies do not negatively impact one sex more than another.

Employees who are affected by pregnancy are treated the same as employees with disabilities. The act covers employers with nine or more employees.

Arkansas also has The Adoptive Parent Leave, which means an employer that permits maternity leave or paternity leave to an employee who is a biological parent after the birth of a child must also permit maternity or paternity leave for an adoptive parent upon placement of an adoptive child in the adoptive parent’s home if requested by the adoptive parent.

The employee may also be entitled to other benefits provided by an employer, such as job protection or pay guarantee.

The law only applies to the adoption of a person under 18 years of age.

Maternity Leave

Maternity leave falls under FMLA, The Arkansas Civil Rights Act, and The Adoptive Parent Leave (see Sick Leave).

Paternity Leave

Paternity leave falls under FMLA, The Arkansas Civil Rights Act, and The Adoptive Parent Leave (see Sick Leave).

Parental Leave

Parental leave falls under FMLA, The Arkansas Civil Rights Act, and The Adoptive Parent Leave (see Sick Leave).

Other Leave

• Jury Duty: Full-time employees are entitled to job-protected, unpaid leave for jury duty, as a witness in a case, responding to a subpoena, or acting as a plaintiff or defendant in the courts. Employees must provide a copy of the jury summons to the employer as evidence of requirement.
• In addition to the federal law USERRA, Arkansas law provides protection against discrimination for members of U.S. armed forces, reserves, National Guard, commissioned corps of the public health service, and any other category of persons designated by the president in a time of war or emergency.
• Arkansas law states that all registered employees must be allowed to take necessary time off from work, as unpaid leave, to vote in any municipal, county, state, or federal primary or general election. Employees must provide reasonable notice to their employers to take time off to vote.

Termination Process

VISA

Foreign nationals without permanent resident status or a work visa are not permitted to work in the United States. An employer seeking to hire a foreign national may file a petition with the United States Department of Homeland Security or the United States Citizenship and Immigration Services (USCIS) for an employment visa on behalf of the prospective employee.

If the petition is approved, the prospective employee must obtain a visa stamp from a United States embassy or consulate (Canadian citizens are exempt from this requirement).  To get a temporary U.S. work visa, an employer must file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition must be part of the visa request.

The types of visas include:

• H-1B: For applicants with a college degree hired to do specialized work. The visa is valid for three years and can be extended for an additional three years. The visa is connected to the employer that filed the petition. If there is a change of employer, the new employer must repeat the process. There are 65,000 H-1B visas available each year.
• H-1B1: For applicants with a college degree from Chile and Singapore. The US government grants up to 1,400 visas to Chilean citizens and 5,400 from Singapore each year.
• H-2A:  For temporary or seasonal agriculture work. It is limited to citizens of qualified countries. Usually valid for up to 1 year and can be extended to a maximum of 3 years.
• H-2B: For temporary non-agricultural work. These visas are limited to citizens of qualified countries. Usually valid for up to 1 year and can be extended to a maximum of 3 years.
• L: For intercompany transfers (people transferred from a foreign company to a US branch of the company). The applicant must have been employed at the company for a year before the transfer and work in a managerial level position or higher with specialized knowledge.
• O: For people with extraordinary abilities in science, arts, education, business, or athletics.

The standard procedure is to obtain a short-term work visa and then apply for an immigrant visa after the employee has started working in the United States.

For those seeking employment-based immigrant visas:

• E-1: Highest priority employment for those with extraordinary ability in science, arts, education, business, and athletics
• E-2: For those with advanced degrees or exceptional ability
• E-3: For skilled workers and professionals, as well as unskilled workers
• E-4: Members of certain immigrant groups
• E-5: Immigrant investors in US companies (substantial investment)

Alternatively, an employer may sponsor a potential employee’s application for permanent resident status, referred to as a “green card” if the employee can establish that the potential employee is a multinational executive or manager transferee, has unique skills, or has been offered a job in the United States.

The employer must have been unable to recruit a U.S. worker who meets the position’s minimum requirements.

All employers are obligated to verify that all individuals they employ are authorized to work in the United States.

General

Arkansas has a minimum combined sales tax rate of 10.50% (state tax is 6.50% and local tax is 4.01%).