Arkansas Employment Laws

Prohibits employment discrimination based on race, religion, national origin, gender (including pregnancy via the CROWN Act amendment), and disability. Applies to employers with 9 or more employees. Does not include sexual orientation or gender identity as protected classes. The CROWN Act (2023) expanded race/national origin protections to include natural, protective, and cultural hairstyles.

The minimum wage is $11.00/hour (since January 1, 2021). Applies to employers with 4 or more employees. Tipped employees receive $2.63/hour (tips must bring total to $11.00). Exempt: executive, administrative, and professional employees, as well as certain agricultural and seasonal workers.

Arkansas is a right-to-work state. Employees cannot be required to join a union or pay union dues as a condition of employment. Union security agreements (closed shops, agency shops) are unenforceable. Applies to both public and private sector employment.

The Arkansas Whistle-Blower Act prohibits retaliation against public employees who report waste of public funds, misuse of authority, or violations of law in good faith. Also protects employees who refuse to carry out directives that would violate the law. Private employees rely on the common-law public policy exception to at-will employment.

Employees cannot be discharged or discriminated against for opposing unlawful discrimination, filing charges, or participating in investigations or proceedings related to civil rights violations.

Noncompete agreements for non-physicians are enforceable if they protect a legitimate business interest and are reasonable in time and scope. Physician noncompetes are void as of mid-2025 (Act 232). Non-solicitation, confidentiality, and nondisclosure agreements remain enforceable for all employees including physicians.