Arkansas Code
Title 11 - Labor and Industrial Relations

§ 11-3-205. Private employers — Leave for bone marrow or organ donation — Withholding tax credit - (a) As used in this section: (1) “Bone marrow donor”...

§ 11-3-206. Copies of employee background checks - Upon the request of an employee or an applicant for...

Subchapter 3 - Right to Work

§ 11-3-301. Policy - Freedom of organized labor to bargain collectively and freedom of...

§ 11-3-302. Enforcement - The power and duty to enforce this subchapter is conferred...

§ 11-3-303. Union affiliation or nonaffiliation not to be condition of employment - No person shall be denied employment because of membership in...

§ 11-3-304. Contracts to exclude persons from employment prohibited - (a) No person, group of persons, firm, corporation, association, or...

Subchapter 4 - Labor Disputes

§ 11-3-401. Prevention of lawful employment prohibited - (a) (1) It shall be unlawful for any person by...

§ 11-3-402. Interference with railroad engines and employees prohibited - (a) Where a labor union or striking employees are picketing,...

Chapter 4 - Wage and Hour Regulation Generally

Subchapter 1 - General Provisions

§ 11-4-101. Assignment of wages - No assignment or order for wages to be earned in...

§ 11-4-103. Employment status - For purposes of this chapter, employment status as an employee...

Subchapter 2 - Minimum Wage Law

§ 11-4-201. Title - This subchapter shall be known as the “Minimum Wage Act...

§ 11-4-202. Policy - It is declared to be the public policy of the...

§ 11-4-203. Definitions - As used in this subchapter: (1) [Repealed.] (2) “Employ” means...

§ 11-4-205. Right of collective bargaining not affected - Nothing in this subchapter, including the provisions of § 11-4-218(b),...

§ 11-4-206. Penalties - (a) (1) Any employer who willfully hinders or delays the...

§ 11-4-209. Director of the Division of Labor — Powers and duties - (a) For any occupation, the Director of the Division of...

§ 11-4-210. Minimum wage - (a) (1) Beginning October 1, 2006, every employer shall pay...

§ 11-4-211. Overtime - (a) Except as otherwise provided in this section and §§...

§ 11-4-212. Allowance for gratuities - (a) Every employer of an employee engaged in any occupation...

§ 11-4-213. Allowance for furnishing board, lodging, apparel, etc - (a) An employer of an employee engaged in an occupation...

§ 11-4-214. Temporary special exemptions — Definition - (a) Any person handicapped by lack of skill, age, or...

§ 11-4-215. Learners, apprentices, and full-time students - (a) For any occupation, the Director of the Division of...

§ 11-4-216. Posting of law - (a) Every employer subject to any provisions of this subchapter...

§ 11-4-217. Records kept by employer - (a) Every employer subject to any provision of this subchapter...

§ 11-4-218. Employee's remedies - (a) (1) Any employer who pays any employee less than...

§ 11-4-219. Judicial review - (a) Any interested person in any occupation for which any...

§ 11-4-220. Person entitled to file a claim - (a) Any employee covered by this subchapter may file a...

§ 11-4-221. Relief from liability under this subchapter for failure to pay minimum wage or overtime compensation - (a) Except as provided in subsection (b) of this section,...

§ 11-4-222. Political subdivisions prohibited from requiring more than federal or state requirements from employers — Definitions - (a) As used in this section: (1) “Employee” means an...

Subchapter 3 - Wage Disputes

§ 11-4-301. Definition - As used in this subchapter, “labor” means work or service...

§ 11-4-302. Act cumulative - This subchapter is a substitute for Acts 1923, No. 380,...

§ 11-4-303. Director of Division of Labor to conduct hearing - (a) Upon application of either employer or employee, the Director...

§ 11-4-304. Judicial review - (a) If either employer or employee shall fail or refuse...

§ 11-4-305. Enforcement of laborer's lien - (a) In all cases where the claimant is entitled to...

§ 11-4-306. Fees prohibited - The Director of the Division of Labor or any person...

Subchapter 4 - Payment of Wages

§ 11-4-401. Payment semimonthly - (a) Except as provided in subsection (c) of this section,...

§ 11-4-402. Discount for advance payment — Payments made in currency - (a) It shall be unlawful for any milling or manufacturing...

§ 11-4-403. Payment by evidence of indebtedness - (a) It shall be unlawful for any corporation, company, firm,...

§ 11-4-404. Payment by sale of goods or supplies - (a) If any corporation, company, firm, or person shall coerce...

§ 11-4-405. Payment on discharge - (a) An employer that discharges an employee is required to...

Subchapter 6 - Wage Discrimination

§ 11-4-601. Discrimination on the basis of sex prohibited - (a) Every employer in the state shall pay employees equal...

§ 11-4-607. Definitions for §§ 11-4-608 — 11-4-612 - As used in §§ 11-4-608 — 11-4-612, unless the context...

§ 11-4-608. Penalties for violation of §§ 11-4-607 — 11-4-612 - Any employer who violates any provision of §§ 11-4-607 —...

§ 11-4-609. Administration of §§ 11-4-607 — 11-4-612 - The Director of the Division of Labor shall have the...

§ 11-4-610. Wage discrimination between sexes prohibited - (a) No employer shall discriminate in the payment of wages...

§ 11-4-611. Action to collect unpaid wages - (a) An employer who violates the provisions of § 11-4-610...

§ 11-4-612. Employer to keep records - (a) Every employer subject to §§ 11-4-607 — 11-4-612 shall...

Chapter 5 - Working Conditions Generally

Subchapter 1 - General Provisions

§ 11-5-101. Suitable temperature, humidity, and air space required - (a) In every factory, mill, workshop, mercantile establishment, laundry, or...

§ 11-5-102. Removal of gas, effluvia, and dust required - (a) All factories, mills, workshops, mercantile establishments, laundries, and other...

§ 11-5-103. Cleaning required - (a) All decomposed, fetid, or putrescent matter and all refuse,...

§ 11-5-104. Wet floors — Certain precautions required - (a) In all establishments where any process is carried on...

§ 11-5-105. Safe doors, stairways, and elevators required - (a) All doors used by employees as entrances to or...

§ 11-5-107. Inspection of working place — Findings - (a) The Director of the Division of Labor or any...

§ 11-5-108. Order to correct conditions — Issuance - (a) The Director of the Division of Labor or any...

§ 11-5-109. Order to correct conditions — Conclusiveness — Action to set aside - (a) The findings and orders shall be prima facie valid,...

§ 11-5-110. Order to correct conditions — Penalties for noncompliance - (a) Upon the failure or refusal of the owner, manager,...

§ 11-5-111. Penalty for violation of §§ 11-5-101 — 11-5-110 - (a) Any employer violating the provisions of §§ 11-5-101 —...

§ 11-5-112. Separate facilities for males and females required - (a) There shall be provided in every factory, manufacturing establishment,...

§ 11-5-114. Requiring use of out-of-state mail-order pharmacy - (a) It shall be unlawful for any employer providing pharmacy...

§ 11-5-115. Prevention of workplace violence - (a) If an employer or an employer's employee or invitee...

§ 11-5-116. Break time for expressing breast milk - (a) (1) An employer shall provide reasonable unpaid break time...

Subchapter 3 - Work Near High Voltage Lines

§ 11-5-301. Purpose - (a) This subchapter provides for the minimum precautions to be...

§ 11-5-302. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 11-5-303. Application of National Electrical Safety Code - The provisions of the National Electrical Safety Code, as adopted...

§ 11-5-304. Exceptions - This subchapter does not apply to the construction, reconstruction, operation,...

§ 11-5-305. Penalty for violations - (a) Every person, firm, corporation, or association who violates any...

§ 11-5-306. Use of alternative devices or methods - Where specific devices or methods are mentioned in this subchapter,...

§ 11-5-307. Notification - (a) (1) When any person, firm, or corporation desires to...

§ 11-5-308. Prohibited acts - (a) No person, firm, corporation, or association shall, individually or...

§ 11-5-309. Warning signs - (a) The owner, agent, or employer responsible for the operation...

Subchapter 4 - Genetic Information in the Workplace

§ 11-5-401. Title - This subchapter shall be known and may be cited as...

§ 11-5-402. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 11-5-403. Prohibition of employer's use of genetic test or information - (a) An employer shall not seek to obtain or use...

§ 11-5-404. Penalty for violation of § 11-5-403 - Any employer who violates the prohibitions of § 11-5-403 shall...

§ 11-5-405. Exclusion for insurers - Notwithstanding any language in this subchapter to the contrary, this...

Subchapter 5 - Employee Microchip Implantation

§ 11-5-501. Microchip implantation of employees — Definitions - (a) As used in this section: (1) “Employee” means a...

Chapter 6 - Child Labor

§ 11-6-101. Industrial education not prohibited - Nothing in this chapter shall prevent children of any age...

§ 11-6-102. Certain children excepted from chapter - No boy or girl between the ages of sixteen (16)...

§ 11-6-103. Penalty — Disposition of fines - (a) (1) Any person, firm, corporation, partnership, association, parent, guardian,...

§ 11-6-104. Children under age 14 years prohibited from working — Exception - No child under the age of fourteen (14) years shall...

§ 11-6-105. Children under age 16 years — Restrictions on employment generally - No child under sixteen (16) years shall be employed or...

§ 11-6-106. Children under age 16 years — Prohibitions against certain kinds and places of work — Exceptions - (a) (1) No child under the age of sixteen (16)...

§ 11-6-107. Children under age 16 years — Prohibitions against certain kinds and places of work - (a) No child under sixteen (16) years shall be employed...

§ 11-6-108. Children under age 16 years — Hours of employment - No child under the age of sixteen (16) years shall...

§ 11-6-109. Children under age 16 years — Employment certificate required - (a) No person, firm, or corporation shall employ or permit...

§ 11-6-110. Children under age 17 years — Hours of employment - A child under seventeen (17) years of age shall not...

§ 11-6-111. Inspection of workplace — Prosecution of violators - (a) The Director of the Division of Labor or his...

§ 11-6-112. Newspaper delivery work permitted - (a) The purpose of this section is to provide children...

§ 11-6-113. Professional baseball work as batboy or batgirl permitted - (a) The purpose of this section is to provide children...

§ 11-6-114. Seasonal agricultural labor permitted - (a) As used in this section, “employed in agriculture” means...

§ 11-6-115. Domestic labor and child care in connection with church functions permitted — Definition - (a) As used in this section, “domestic labor” means any...

§ 11-6-116. Sports officiating permitted in certain sports - (a) As used in this section, “employed as a sports...

Chapter 7 - Regulation of Mines

Subchapter 2 - State Mine Inspector

§ 11-7-201. Act cumulative - This act shall not repeal any of the mining laws...

§ 11-7-202. Penalties - (a) (1) Any person who shall willfully obstruct or hinder...

§ 11-7-203. Prosecution of violations - It shall be and is made the duty of the...

§ 11-7-204. Appointment, term, and qualifications - (a) The Governor shall appoint a State Mine Inspector, who...

§ 11-7-205. Office, staff, and compensation - (a) The State Mine Inspector shall have an office, which...

§ 11-7-206. State Mine Inspector — Powers and duties - (a) In addition to the duties imposed upon him or...

§ 11-7-207. Assistant State Mine Inspector - (a) There is created the office of Assistant State Mine...

§ 11-7-208. Inspection of mines - (a) The State Mine Inspector shall devote his or her...

§ 11-7-209. Owner, agent, or operator to facilitate inspections — Failure to comply - (a) The owner, agent, or operator of a mine is...

§ 11-7-210. Action to enjoin unsafe working conditions - (a) (1) If the inspector shall, after examination of any...

§ 11-7-211. Authority to arrest violators or clear mine — Injunctive relief for owner - (a) The State Mine Inspector is empowered concurrently with the...

Subchapter 3 - Regulation of Operation

§ 11-7-301. Penalty for endangering mine or miners - (a) Any miner, workman, or other person who shall knowingly...

§ 11-7-302. Right of action for death or injury - (a) For any injury to persons or property occasioned by...

§ 11-7-303. Map or plan of mine - (a) (1) The owner, agent, or operator of each and...

§ 11-7-304. Mine openings and escapeways - (a) (1) Every underground mine shall have at least two...

§ 11-7-305. Ventilation generally - (a) The owner, agent, or operator of every mine, whether...

§ 11-7-306. Regulation of air currents - (a) Air regulation of all slopes, drifts, or shafts used...

§ 11-7-307. Manner of working room and pillar plan mine - (a) The owner, agent, lessee, or operator of any coal...

§ 11-7-308. Bore holes - The owner, agent, or operator shall provide that a bore...

§ 11-7-309. Means of signaling — Cages - (a) The owner, agent, or operator of every mine operated...

§ 11-7-310. Gates, bonnets, and other safety measures - (a) The owner, agent, or operator shall cause every landing...

§ 11-7-311. Prop timbers - The owner, agent, or operator of any mine shall keep...

§ 11-7-312. Medical and emergency supplies - (a) There shall be kept in the engine room or...

§ 11-7-313. Washroom and lockers - (a) It shall be the duty of every owner or...

§ 11-7-314. Use of water on cutter bars and jackhammers required - (a) In order to promote safety in coal mines by...

§ 11-7-315. Daily inspection by fire boss - (a) In all mines where a fire boss is employed,...

§ 11-7-316. High water danger - (a) Whenever and wherever a coal mine in this state...

§ 11-7-317. Reports of accidents - (a) Whenever loss of life or serious personal injury shall...

§ 11-7-318. Age of miners - No person under the age of eighteen (18) years shall...

§ 11-7-319. Bond for semimonthly payment of wages - (a) (1) Every person, firm, association, or corporation engaged in...

Subchapter 4 - Employee Certification

§ 11-7-402. Director of the Division of Labor — Power to administer oaths - (a) To more effectively carry out the intentions and purposes...

§ 11-7-403. Fire bosses, mine foremen, etc. — Examination — Qualifications - (a) No fire bosses, hoisting engineers, or mine foremen shall...

§ 11-7-404. Fire bosses, mine foremen, etc. — Certificate — Grades - (a) (1) The Director of the Division of Labor shall...

§ 11-7-405. Fire bosses, mine foremen, etc. — Duplicate certificate - In case of loss or destruction of a certificate, the...

§ 11-7-406. Fire bosses, mine foremen, etc. — Revocation of certificate - (a) All certificates issued pursuant to this subchapter may be...

§ 11-7-407. Fire bosses, mine foremen, etc. — Misrepresentation of certificate - Any person who shall forge, alter, or counterfeit a certificate,...

§ 11-7-408. Penalty for violation of § 11-7-401 and §§ 11-7-403 — 11-7-407 - (a) Any owner, operator, lessee, or agent of any coal...

§ 11-7-409. Coal miners — Definition - (a) The term “coal miner” as used in §§ 11-7-402...

§ 11-7-410. Coal miners — Certificate required - (a) It shall be unlawful for any person to work...

§ 11-7-411. Coal miners — Examination — Qualifications — Certificates - (a) The Director of the Division of Labor shall hold...

§ 11-7-412. Coal miners — Temporary permit — Grandfather clause - (a) A person making application for a coal miner's certificate...

§ 11-7-413. Coal miners — Apprentices - (a) Any certified miner may have one (1) person working...

§ 11-7-414. Coal miners — Duplicate certificate — Revocation of certificate - The Director of the Division of Labor shall possess powers...

Chapter 8 - Injury or Death of Employees Generally

§ 11-8-101. Definition - The word “corporation” as used in §§ 11-8-102 — 11-8-108,...

§ 11-8-102. Exception - Sections 11-8-101 — 11-8-108 shall not apply to railroad corporations...

§ 11-8-103. Corporations liable for injury or death resulting from negligence - (a) Every corporation, except while engaged in interstate commerce, shall...

§ 11-8-104. Contributory negligence no bar to recovery - (a) In all actions brought against any corporation under or...

§ 11-8-105. Assumption of risk no defense when safety statute violated - In any action brought against any corporation under or by...

§ 11-8-106. Contract exemptions void — Setoff for insurance contributions - (a) Any contract, rule, or device whatsoever, the purpose or...

§ 11-8-107. Limitation of action - No action shall be maintained under §§ 11-8-101 — 11-8-108...

§ 11-8-108. Survival of cause of action - Any right of action given by §§ 11-8-101 — 11-8-108...

§ 11-8-109. Liability of companies engaged in coal mining - Every company, whether incorporated or not, engaged in the mining...

Chapter 9 - Workers' Compensation

Subchapter 1 - General Provisions

§ 11-9-101. Title — Purpose - (a) This chapter shall be cited as the “Workers' Compensation...

§ 11-9-102. Definitions - As used in this chapter: (1) “Carrier” means any stock...

§ 11-9-103. Applicability - (a) Every employer and every employee, unless otherwise specifically provided...

§ 11-9-104. Effect of unconstitutionality - If any part of this chapter is adjudged unconstitutional by...

§ 11-9-105. Remedies exclusive — Exception - (a) The rights and remedies granted to an employee subject...

§ 11-9-106. Penalties for misrepresentation - (a) (1) (A) Any person or entity who willfully and...

§ 11-9-107. Penalties for discrimination for filing claim - (a) (1) Any employer who willfully discriminates in regard to...

§ 11-9-108. Waiver of compensation void — Exception - (a) No agreement by an employee to waive his or...

§ 11-9-109. Agreement to pay premium void - (a) No agreement by an employee to pay any portion...

§ 11-9-110. Compensation nonassignable, etc., and payable to dependents only — Child support obligations excepted — Definition - (a) The right to compensation shall not be assignable and...

§ 11-9-111. Compensation payable to certain alien dependents - (a) Compensation to alien nonresidents of the United States or...

§ 11-9-112. Preference for due compensation - Compensation due an injured employee or his or her dependents...

§ 11-9-113. Mental injury or illness - (a) (1) A mental injury or illness is not a...

§ 11-9-114. Heart or lung injury or illness - (a) A cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accident or...

§ 11-9-115. Disclosure of child support obligations - (a) (1) At any time an application is made for...

§ 11-9-116. Fund transfer to support Workers' Compensation Fraud Unit of the State Insurance Department - (a) (1) One (1) month before the beginning of any...

§ 11-9-117. Carpal tunnel syndrome guidelines - Pursuant to its rulemaking authority, the Workers' Compensation Commission shall...

§ 11-9-118. Provider payments while claims are pending - (a) No hospital, physician, or other healthcare provider shall bill...

Subchapter 2 - Workers' Compensation Commission

§ 11-9-201. Members — Appointment — Compensation - (a) (1) The Workers' Compensation Commission shall consist of three...

§ 11-9-202. Members — Bond - (a) The members shall give bond in the sum of...

§ 11-9-203. Members — Removal - (a) The Governor may, at any time, remove any member...

§ 11-9-204. Proceedings - (a) Members of the Workers' Compensation Commission shall be considered...

§ 11-9-205. Administration of chapter — Staff and expenditures - (a) (1) For the purpose of administering the provisions of...

§ 11-9-206. Traveling expenses for members and employees - Any member or employee of the Workers' Compensation Commission shall...

§ 11-9-207. Powers and duties - (a) In addition to its other duties and powers, the...

§ 11-9-208. Biennial report - On or before the first day of the regular session...

§ 11-9-209. Statistical data collection - (a) The Workers' Compensation Commission shall publish annually, on an...

§ 11-9-210. Purchase of annuity contracts — Funding of Death and Permanent Total Disability Trust Fund obligations - (a) (1) The Workers' Compensation Commission is hereby authorized to...

Subchapter 3 - Funds — Taxes and Fees

§ 11-9-301. Funds established - (a) There are established on the books of the Treasurer...

§ 11-9-302. Qualifying fees for carriers, third-party administrators, and self-insurers - (a) Each carrier writing compensation insurance in this state shall...

§ 11-9-303. Payment of tax by carrier — Definition - (a) (1) In addition to the premium taxes collected from...

§ 11-9-304. Payment of tax by self-insurer - (a) (1) The Workers' Compensation Commission shall collect a tax...

§ 11-9-305. Payment of tax by public employer - (a) (1) (A) The Workers' Compensation Commission shall collect a...

§ 11-9-306. Determination of surplus and rate of taxation - (a) (1) The Workers' Compensation Commission, on or before December...

§ 11-9-307. Certification of cost of administering Public Employee Claims Division - (a) During the biennial period beginning July 1, 1989, and...

Subchapter 4 - Employer Liability — Insurance

§ 11-9-401. Employer's liability for compensation - (a) (1) Every employer should secure compensation to its employees...

§ 11-9-402. Liability of prime contractors and subcontractors — Sole proprietorships or partnerships - (a) Where a subcontractor fails to secure compensation required by...

§ 11-9-403. Waiver of exclusion or exemption - (a) Any employer carrying on any exempted or excepted employment...

§ 11-9-404. Security for compensation - (a) Every employer shall secure the payment of compensation under...

§ 11-9-405. Substitution of carrier for employer - (a) In any case where the employer is not a...

§ 11-9-406. Failure to secure payment of compensation — Penalty - (a) (1) Any employer required to secure the payment of...

§ 11-9-407. Posting notice of compliance - (a) Every employer who has secured compensation under the provisions...

§ 11-9-408. Insurance policies - (a) Contents. Every policy or contract of insurance issued by...

§ 11-9-409. Safety and health loss control consultative services - (a) Workers' Health and Safety Division. (1) The Workers' Compensation...

§ 11-9-410. Third-party liability - (a) Liability Unaffected. (1) (A) The making of a claim...

§ 11-9-411. Effect of payment by other insurers - (a) (1) Any benefits payable to an injured worker under...

§ 11-9-412. Motor carrier drivers — Definitions - (a) As used in this section: (1) “Commercial motor vehicle”...

Subchapter 5 - Accidental Injury or Death

§ 11-9-501. Limitations on compensation — Death and disability - (a) (1) Compensation to the injured employee shall not be...

§ 11-9-502. Limitations on compensation — Exceptions - (a) The benefits shall be paid for a period not...

§ 11-9-503. Violation of safety provisions - (a) (1) Notwithstanding any other definition of extra-hazardous employer as...

§ 11-9-504. Additional compensation — Illegally employed minor - (a) Where an injury or death is sustained by a...

§ 11-9-505. Additional compensation — Rehabilitation - (a) (1) Any employer who without reasonable cause refuses to...

§ 11-9-506. Limitations on compensation — Recipients of unemployment benefits - (a) Any other provisions of this chapter to the contrary...

§ 11-9-507. Special project to improve safety - (a) For the fiscal year beginning July 1, 1987, the...

§ 11-9-508. Medical services and supplies — Liability of employer — Definition - (a) (1) The employer shall promptly provide for an injured...

§ 11-9-509. Medical services and supplies — Amounts and time periods - The amounts payable or time periods allowable for authorized medical,...

§ 11-9-510. Medical services and supplies — Contest of liability - The employer shall not be liable for any of the...

§ 11-9-511. Medical services and supplies — Physical examination - (a) An injured employee claiming to be entitled to compensation...

§ 11-9-512. Medical services and supplies — Refusal to submit to operation - Except in cases of hernia, which are specifically covered by...

§ 11-9-513. Medical services and supplies — Approval of charges - (a) All persons who render services or provide things mentioned...

§ 11-9-514. Medical services and supplies — Change of physician - (a) (1) If the employee selects a physician, the Workers'...

§ 11-9-515. Medical services and supplies — Spiritual treatment - (a) When an employer and employee so agree in writing,...

§ 11-9-516. Medical services and supplies — Information furnished by provider - (a) (1) Every hospital or other person furnishing the injured...

§ 11-9-517. Medical services and supplies — Rules - The Workers' Compensation Commission is authorized to establish rules, including...

§ 11-9-518. Weekly wages as basis for compensation - (a) (1) Compensation shall be computed on the average weekly...

§ 11-9-519. Compensation for disability — Total disability - (a) In case of total disability, there shall be paid...

§ 11-9-520. Compensation for disability — Temporary partial disability - In case of temporary partial disability resulting in the decrease...

§ 11-9-521. Compensation for disability — Scheduled permanent injuries - (a) An employee who sustains a permanent compensable injury scheduled...

§ 11-9-522. Compensation for disability — Unscheduled permanent partial disability - (a) A permanent partial disability not scheduled in § 11-9-521...

§ 11-9-523. Compensation for disability — Hernia - (a) In all cases of claims for hernia, it shall...

§ 11-9-524. Compensation for disability — Disfigurement - (a) The Workers' Compensation Commission shall award compensation for serious...

§ 11-9-525. Compensation for disability — Second injuries - (a) (1) The Second Injury Trust Fund established in this...

§ 11-9-526. Compensation for disability — Refusal of employee to accept employment - If any injured employee refuses employment suitable to his or...

§ 11-9-527. Compensation for death - (a) Funeral Expenses. If death results from an injury occurring...

§ 11-9-528. Employer records - (a) Every employer shall keep a record with respect to...

§ 11-9-529. Employer reports - (a) Within ten (10) days after the date of receipt...

§ 11-9-530. Managed care implementation - Implementation of Workers' Compensation Commission Rule 33 regarding managed care...

Subchapter 6 - Occupational Disease

§ 11-9-601. Compensation generally - (a) Where an employee suffers from an occupational disease as...

§ 11-9-602. Compensation for silicosis or asbestosis - (a) As used in this subchapter, unless the context otherwise...

§ 11-9-603. Practice and procedure - (a) (1) Except as otherwise provided in this subchapter, procedure...

Subchapter 7 - Proceedings Before Workers' Compensation Commission

§ 11-9-701. Notice of injury or death - (a) (1) Unless an injury either renders the employee physically...

§ 11-9-702. Filing of claims - (a) Time for Filing. (1) A claim for compensation for...

§ 11-9-703. Preliminary conference procedure - The Workers' Compensation Commission is authorized and directed to promulgate...

§ 11-9-704. Proceedings on claims - (a) Notice. Within ten (10) days after a claim for...

§ 11-9-705. Nature of proceedings generally - (a) Conduct of Hearing or Inquiry. (1) In making an...

§ 11-9-706. Conduct of proceedings — Contempt - (a) The Workers' Compensation Commission shall have the power to...

§ 11-9-707. Presumptions - In any proceeding for the enforcement of a claim for...

§ 11-9-708. Depositions - The Workers' Compensation Commission may cause depositions of witnesses to...

§ 11-9-709. Witness fees - Each witness who appears in obedience to a subpoena shall...

§ 11-9-710. Attorneys - (a) Where the Workers' Compensation Commission is a party to...

§ 11-9-711. Finality of order or award — Review - (a) Award or Order of Administrative Law Judge or Single...

§ 11-9-712. Enforcement of order or award - If any employer fails to comply with a final compensation...

§ 11-9-713. Modification of awards - (a) (1) Except where a joint petition settlement has been...

§ 11-9-714. Costs in proceedings brought without reasonable grounds - If the court having jurisdiction of proceedings in respect of...

§ 11-9-715. Fees for legal services - (a) (1) (A) Fees for legal services rendered in respect...

§ 11-9-716. Lump-sum attorney's fees - (a) The Workers' Compensation Commission is authorized to approve lump-sum...

§ 11-9-717. Attorney's signature - (a) (1) (A) Every claim, request for benefits, request for...

Subchapter 8 - Payment

§ 11-9-801. Methods of payment - (a) Compensation shall be paid by check, by electronic funds...

§ 11-9-802. Installments - (a) The first installment of compensation shall become due on...

§ 11-9-803. Controversion of right to compensation - (a) (1) Each employer desiring to controvert the right to...

§ 11-9-804. Lump-sum settlement - (a) (1) Whenever the Workers' Compensation Commission determines that it...

§ 11-9-805. Joint petition for final settlement - (a) (1) Except as provided in subdivision (a)(2) of this...

§ 11-9-806. Disputed source of benefits - (a) In any case where an employer changes insurance carriers...

§ 11-9-807. Credit for compensation or wages paid - (a) If the employer has made advance payments for compensation,...

§ 11-9-808. Deposit or bond to secure payment - The Workers' Compensation Commission may require any employer to make...

§ 11-9-809. Interest - Compensation shall bear interest at the legal rate from the...

§ 11-9-810. Notice of payment - (a) Upon making the first payment and upon suspension of...

§ 11-9-811. Investigations - Upon its own initiative at any time where compensation payments...

§ 11-9-812. Incarceration of injured employee - (a) (1) When any person who receives workers' compensation benefits...

§ 11-9-813. Deductibles - (a) (1) Upon approval by the Insurance Commissioner, and following...

Subchapter 9 - Workers' Compensation Private Sector Self-Insurer Guaranty Funds

§ 11-9-901. Creation — Exemption - (a) (1) (A) The Workers' Compensation Commission is hereby authorized...

§ 11-9-902. Rules - The Workers' Compensation Commission shall promulgate rules to implement this...

§ 11-9-903. Liability - There shall be no liability on the part of, and...

§ 11-9-904. Amount of fund — Assessment — Inadequacy - (a) Each corporation acting as the guaranty fund shall independently...

§ 11-9-905. Report to board of directors on financial condition of self-insurer - The Workers' Compensation Commission shall report to the board of...

§ 11-9-906. Money to be vested in corporation — Annual audit - (a) Moneys collected by the Workers' Compensation Commission and disbursed...

§ 11-9-907. Investment — Use of funds - The board of directors of each corporation shall direct the...

§ 11-9-908. Subrogation - (a) Each corporation shall have full rights of subrogation against...

§ 11-9-909. Action against self-insurer - (a) Each corporation is also authorized to take all necessary...

§ 11-9-910. Private sector participants - All private sector participants in the Arkansas workers' compensation self-insurers'...

§ 11-9-911. Termination of self-insurer status — Liability - Any person or entity whose workers' compensation self-insurer status is...

Subchapter 10 - Revision of Workers' Compensation Laws

§ 11-9-1001. Legislative declaration - The Seventy-Ninth General Assembly realizes that the Arkansas workers' compensation...

Chapter 10 - Division of Workforce Services Law

Subchapter 1 - General Provisions

§ 11-10-101. Title - This chapter shall be known and may be cited as...

§ 11-10-102. Policy - As a guide to the interpretation and application of this...

§ 11-10-103. Intent - The General Assembly declares its intention to provide for the...

§ 11-10-104. Construction - This chapter shall be construed to accomplish its purpose to...

§ 11-10-105. Legislative power to amend and repeal — Vested rights restricted - (a) (1) The General Assembly reserves the right to amend...

§ 11-10-106. Penalties - (a) False Statement or Representation. (1) Whoever makes a false...

§ 11-10-107. Protection of rights and benefits — Waiver of rights void — Discrimination, obstruction, and employee payment prohibited - (a) Any agreement by an individual to waive, release, or...

§ 11-10-108. Protection of rights and benefits — Limitation of fees - (a) No individual claiming benefits shall be charged fees or...

§ 11-10-109. Protection of rights and benefits — Assignment, pledge, or encumbrance of benefits prohibited - (a) Except as elsewhere provided in this section and §...

§ 11-10-110. Protection of rights and benefits — Exception for withholding child support — Definitions - (a) At the time of filing the claim, an individual...

§ 11-10-111. Protection of rights and benefits — Exception for withholding food stamp overages — Definition - (a) (1) An individual filing a new claim for unemployment...

Subchapter 2 - Definitions

§ 11-10-201. Base period - (a) (1) As used in this chapter, unless the context...

§ 11-10-202. Regular benefits - As used in this chapter, unless the context clearly requires...

§ 11-10-203. Benefit year - As used in this chapter, unless the context clearly requires...

§ 11-10-204. Contributions - As used in this chapter, unless the context clearly requires...

§ 11-10-205. Calendar quarter - As used in this chapter, unless the context clearly requires...

§ 11-10-206. Director - As used in this chapter, unless the context clearly requires...

§ 11-10-207. Rules - All rules previously promulgated under this chapter shall be enforceable...

§ 11-10-208. Employing unit - (a) (1) As used in this chapter, unless the context...

§ 11-10-209. Employer - As used in this chapter, unless the context clearly requires...

§ 11-10-210. Employment - (a) As used in this chapter, unless the context clearly...

§ 11-10-211. Employment office - As used in this chapter, unless the context clearly requires...

§ 11-10-212. Unemployment Compensation Fund - As used in this chapter, unless the context clearly requires...

§ 11-10-213. State - As used in this chapter, unless the context clearly requires...

§ 11-10-214. Unemployment - (a) As used in this chapter, unless the context clearly...

§ 11-10-215. Wages - (a) (1) As used in this chapter, “wages” means all...

§ 11-10-216. Week - As used in this chapter, unless the context clearly requires...

§ 11-10-217. Insured work - As used in this chapter, unless the context clearly requires...

§ 11-10-218. Rate year - As used in this chapter, unless the context clearly requires...

§ 11-10-219. Computation date - As used in this chapter, unless the context clearly requires...

§ 11-10-220. Educational institutions - (a) (1) As used in this chapter, unless the context...

§ 11-10-221. Hospital - As used in this chapter, unless the context clearly requires...

§ 11-10-222. United States - As used in this chapter, unless the context clearly requires...

§ 11-10-223. Supplemental benefit payments - As used in this chapter, unless the context clearly requires...

§ 11-10-224. References to gender - Throughout this chapter, the pronoun “he” is deemed to include...

§ 11-10-225. American vessel - American vessel” means any vessel documented or numbered under the...

§ 11-10-226. American aircraft - American aircraft” means an aircraft registered under the laws of...

§ 11-10-227. Treatment of Indian tribes - (a) The term “employer” shall include any Indian tribe for...

Subchapter 3 - Administration and Enforcement

§ 11-10-301. Division of Workforce Services — Creation — Director - (a) (1) There is created a division to be known...

§ 11-10-302. Criminal background checks - (a) The Director of the Division of Workforce Services shall...

§ 11-10-303. Division of Workforce Services — Employee insurance plans - (a) The Director of the Division of Workforce Services is...

§ 11-10-304. Arkansas State Employment Service — Creation - (a) The Arkansas State Employment Service is established within the...

§ 11-10-306. Director — Duties and powers generally - (a) It shall be the duty of the Director of...

§ 11-10-307. Director — Rules - (a) (1) General and special rules may be adopted, amended,...

§ 11-10-308. Director — Administrative determinations of coverage - (a) The Director of the Division of Workforce Services may,...

§ 11-10-309. Director — Publication of rules, reports, etc - The Director of the Division of Workforce Services shall make...

§ 11-10-310. Director — Personnel - (a) Subject to other provisions of this chapter, the Director...

§ 11-10-311. Employment stabilization - The Director of the Division of Workforce Services shall take...

§ 11-10-312. Federal-state cooperation - (a) In the administration of this chapter, the Director of...

§ 11-10-313. Compensation based on multiple-state earnings - (a) The Director of the Division of Workforce Services shall...

§ 11-10-314. Disclosure of information - (a) (1) Except as otherwise provided in this section, information...

§ 11-10-315. Authority to administer oaths, issue subpoenas, etc - In the discharge of the duties imposed by this chapter,...

§ 11-10-316. Refusal to obey subpoena - (a) In case of contumacy by or refusal to obey...

§ 11-10-317. Protection against self-incrimination - (a) No person shall be excused from attending and testifying...

§ 11-10-318. Employing unit to keep and report work records - (a) (1) Each employing unit shall keep true and accurate...

§ 11-10-319. Representation in court - (a) Civil Actions. In any civil action to enforce the...

§ 11-10-320. Employment Security Administration Fund — Creation - (a) There is created in the State Treasury a special...

§ 11-10-321. Employment Security Administration Fund — Deposit and disbursement - (a) All money in the Employment Security Administration Fund shall...

§ 11-10-322. Employment Security Administration Fund — Reimbursement of the fund - (a) If any money in the Employment Security Administration Fund,...

Subchapter 4 - Employer Coverage

§ 11-10-401. Period - Except as provided in § 11-10-403, any employing unit that...

§ 11-10-402. Termination - Except as otherwise provided in § 11-10-403, an employing unit...

§ 11-10-403. Election - (a) (1) An employing unit, not otherwise subject to this...

§ 11-10-404. Nonprofit employers - (a) (1) (A) Any political subdivision of this state may...

§ 11-10-405. Contributions liability contingency - If at any time any of the employments excluded in...

Subchapter 5 - Benefits Generally

§ 11-10-501. Payment - (a) All benefits provided in this chapter shall be payable...

§ 11-10-502. Weekly benefit amount - (a) For initial claims filed on or after the first...

§ 11-10-503. Weekly benefits for partial unemployment - (a) Any insured worker who is unemployed in any week...

§ 11-10-504. Maximum benefits payable - (a) For initial claims filed on or after January 1,...

§ 11-10-505. Failure of base-period employer to respond - (a) (1) (A) A notice to the base-period employer shall...

§ 11-10-506. Seasonal employment and benefit rights — Definitions - (a) (1) As used in this section, the term “seasonal...

§ 11-10-507. Eligibility — Conditions — Definitions - An insured worker shall be eligible to receive benefits with...

§ 11-10-508. Eligibility — Labor dispute — Exceptions - (a) If so found by the Director of the Division...

§ 11-10-509. Eligibility — Employees of educational institutions - (a) With respect to service performed in an instructional, research,...

§ 11-10-510. Ineligibility — Service in sports or athletics - Benefits shall not be paid to any individual on the...

§ 11-10-511. Ineligibility — Aliens — Exception - (a) Benefits shall not be payable on the basis of...

§ 11-10-512. Disqualification — Satisfaction - (a) “Week of Unemployment” Defined. A “week of unemployment” as...

§ 11-10-513. Disqualification — Voluntarily leaving work — Definitions - (a) (1) If so found by the Director of the...

§ 11-10-514. Disqualification — Discharge for misconduct - (a) (1) If so found by the Director of the...

§ 11-10-515. Disqualification — Failure or refusal to apply for or accept suitable work - (a) (1) (A) If so found by the Director of...

§ 11-10-516. Disqualification — Refusal to report after layoff - (a) (1) If so found by the Director of the...

§ 11-10-517. Disqualification — Receipt of other remunerations - If so found by the Director of the Division of...

§ 11-10-518. Disqualification — Certain workers in training program excepted - (a) Notwithstanding any other provision of this chapter, an adversely...

§ 11-10-519. Disqualification — Penalty for false statement or misrepresentation - (a) If so found by the Director of the Division...

§ 11-10-520. Claims — Posting of information by employer - (a) Each employer shall post and maintain, in places readily...

§ 11-10-521. Claims — Filing — Notice to last employer - (a) Claims for benefits shall be made in accordance with...

§ 11-10-522. Claims — Determination - (a) In General. (1) (A) A monetary determination upon a...

§ 11-10-523. Board of Review created — Administrative appeal — Claims - (a) (1) There is created a Board of Review which...

§ 11-10-524. Claims — Administrative appeal — Filing and hearing - (a) (1) The claimant, the Director of the Division of...

§ 11-10-525. Claims — Administrative appeal — Review by Board of Review - (a) An appeal filed by any party shall be allowed...

§ 11-10-526. Claims — Administrative appeal — Procedure - (a) (1) The Board of Review, appeal tribunal, and special...

§ 11-10-527. Claims — Conclusiveness of determinations and decisions - (a) Except insofar as reconsideration of any determination is had...

§ 11-10-528. Claims — Administrative appeal — Rule of decision - (a) The final decisions of the Board of Review or...

§ 11-10-529. Claims — Decision of Board of Review — Judicial review - (a) (1) (A) Any party entitled to a decision of...

§ 11-10-530. Claims — Administrative appeal — Representation - (a) The Director of the Division of Workforce Services shall...

§ 11-10-531. Claims — Payment of benefits - (a) Benefits shall be paid promptly in accordance with an...

§ 11-10-532. Claims — Recovery - (a) (1) If the Director of the Division of Workforce...

§ 11-10-533. Claims — Investigation of claims filed by state employees - (a) The Division of Workforce Services shall investigate all claims...

§ 11-10-534. Extended benefits — Definitions - As used in this section and §§ 11-10-535 — 11-10-543,...

§ 11-10-535. Extended benefits — Effect of provisions relating to regular benefits - Except when the result would be inconsistent with the other...

§ 11-10-536. Extended benefits — Eligibility - An individual shall be eligible to receive extended benefits with...

§ 11-10-537. Extended benefits — Weekly amount - The weekly extended benefit amount payable to an individual for...

§ 11-10-538. Extended benefits — Total amount - (a) The total extended benefit amount payable to any eligible...

§ 11-10-539. Extended benefits — Period and computations - (a) Whenever an extended benefit period is to become effective...

§ 11-10-540. Extended benefits — Financing - (a) (1) (A) There is imposed an additional tax on...

§ 11-10-541. Extended benefits — Overpayments - The Director of the Division of Workforce Services shall establish...

§ 11-10-542. Extended benefits — Not payable under interstate benefit payment plan — Exceptions - (a) Except as provided in subsection (b) of this section,...

§ 11-10-543. Extended benefits — Failure to accept or seek suitable work — Definition - (a) Notwithstanding the provisions of § 11-10-535, an individual shall...

§ 11-10-544. Reciprocal arrangements with state and federal agencies - (a) The Director of the Division of Workforce Services is...

Subchapter 6 - Shared Work Plans

§ 11-10-601. Definitions - As used in this subchapter, unless the context otherwise requires,...

§ 11-10-602. Applicability - (a) Except as otherwise provided in this subchapter, provisions of...

§ 11-10-603. Construction - Nothing in this subchapter shall preclude an otherwise eligible claimant...

§ 11-10-604. Criteria for approval - (a) An employer wishing to participate in a shared work...

§ 11-10-605. Approval or rejection - (a) The Director of the Division of Workforce Services shall...

§ 11-10-606. Effective date and duration of plan - (a) A plan shall be effective on the date specified...

§ 11-10-607. Revocation of approval - (a) (1) The Director of the Division of Workforce Services...

§ 11-10-608. Modification of an approved plan - (a) An operational, approved, shared work plan may be modified...

§ 11-10-609. Eligibility for compensation - (a) An individual is eligible to receive shared work unemployment...

§ 11-10-610. Amount of benefits — Filing of claims - (a) The shared work unemployment compensation weekly benefit amount shall...

§ 11-10-611. Entitlement to benefits under certain conditions - (a) If an individual works in the same week for...

§ 11-10-612. Charging shared-work unemployment compensation - (a) Shared work unemployment compensation shall be charged to the...

§ 11-10-613. Extended benefits - An individual who has received all of the combined unemployment...

Subchapter 7 - Contributions

§ 11-10-701. Accrual and payment by employer - (a) (1) Contributions shall accrue and become payable by each...

§ 11-10-702. Rate of contributions - Each employer shall pay contributions equal to two and nine-tenths...

§ 11-10-703. Future rates — Maintenance of separate accounts - (a) (1) (A) The Director of the Division of Workforce...

§ 11-10-704. Future rates — Experience rates generally - (a) The Director of the Division of Workforce Services shall,...

§ 11-10-705. Future rates — Computation of contribution rates - (a) (1) Each employer's contribution rate beginning January 1 for...

§ 11-10-706. Future rates — Stabilization tax - (a) (1) Each employer shall be required to pay a...

§ 11-10-707. Future rates — Definitions — Notifications - (a) (1) As used in §§ 11-10-701 — 11-10-715: (A)...

§ 11-10-708. Future rates — Advance interest tax - (a) (1) (A) In addition to the contributions and any...

§ 11-10-709. Wages and employment - (a) For the purposes of §§ 11-10-701 and 11-10-702, wages...

§ 11-10-710. Transfer of experience - (a) (1) Unless otherwise provided in § 11-10-723, any employing...

§ 11-10-711. Temporary closing of business because of absence in armed forces - (a) Notwithstanding any inconsistent provisions of this chapter, if the...

§ 11-10-712. Employer ceasing to pay wages - (a) Whenever an employer has paid no wages for a...

§ 11-10-713. Employees of nonprofit organizations and governmental entities — Definitions - (a) Benefits paid to individuals based on wages paid by...

§ 11-10-714. Exception — Reimbursable payments - Notwithstanding any provisions in § 11-10-713, any nonprofit organization, state...

§ 11-10-715. Employers' nonliability - (a) Notwithstanding any other provisions of this chapter, no employer...

§ 11-10-716. Collection — Interest on past due contributions - (a) (1) If contributions are not paid on the date...

§ 11-10-717. Collection — Failure to pay or report — Penalty — Definition - (a) (1) (A) If, after due notice, any employer defaults...

§ 11-10-718. Collection — Priorities under legal dissolutions or distributions — Release of liens - (a) (1) In the event of any distribution of an...

§ 11-10-719. Collection — Refunds - (a) (1) If not later than three (3) years after...

§ 11-10-720. Collection — Certificate of assessment - (a) (1) If any person, firm, or corporation shall become...

§ 11-10-721. Collection — Limitation of assessment - (a) All contributions due under this chapter shall be assessed...

§ 11-10-722. Collection — Impoundment - (a) The Director of the Division of Workforce Services or...

§ 11-10-723. Special rules regarding transfers of experience and assignment of rates — Definitions - (a) Notwithstanding any other provision of law, the following shall...

Subchapter 8 - Unemployment Compensation Fund

§ 11-10-801. Establishment and control - (a) There is established as a special fund, separate and...

§ 11-10-802. Accounts and deposit - (a) (1) The Director of the Division of Workforce Services...

§ 11-10-803. Withdrawals - (a) (1) Money requisitioned from this state's account in the...

§ 11-10-804. Federal Unemployment Trust Fund — Termination - (a) The provisions of this subchapter, to the extent that...

Subchapter 9 - Division of State New Hire Registry

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Arkansas Code Title 11 - Labor and Industrial Relations

Arkansas Code
Title 11 - Labor and Industrial Relations