Arkansas Statewide Rule
Arkansas Local Minimum Wage Preemption Law
Key Facts
- Preemption
- Act 643 of 2017
- State minimum wage
- $11.00 per hour
- Local higher wages
- Prohibited
- Coverage
- Employers with 4+ employees
Summary
Act 643 of 2017 reserves wage regulation to the state, barring Arkansas cities and counties from setting a local minimum wage above the state rate. Local wage ordinances are void and unenforceable statewide.
A political subdivision shall not establish, mandate, or otherwise require an employer to provide to an employee a minimum or living wage rate or employment benefit that exceeds the requirements of federal laws or regulations or state laws or rules.
Full Breakdown
Under Act 643 of 2017, the regulation of minimum wage in Arkansas is a matter of state concern, and political subdivisions may not enact a minimum wage different from the state's. The Arkansas Minimum Wage Act (Ark. Code § 11-4-201 et seq.) sets a uniform state minimum wage, $11.00 per hour, applicable to most employers with four or more employees. Cities and counties cannot require higher wages, and separate state law bars local mandates on employee benefits and leave. The preemption keeps employer wage obligations uniform statewide.
Violations & Penalties
Local ordinances setting a higher minimum wage are void; aggrieved employers may seek declaratory and injunctive relief against the political subdivision.
Frequently Asked Questions
Can an Arkansas city set a higher minimum wage?
What is the state minimum wage?
Sources
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