The following are some frequently asked questions that we receive here at the Labor Department. They are compiled by topic in order to make your search easier. (please select a question below for details)

Q. I was fired from my job for no good reason. What can I do?

A. Arkansas recognizes the doctrine of "employment at will". This means that, as a general rule, either the employer or the employee may end the employment relationship at any time for any reason or for no reason at all. There are, however, a number of exceptions to this general rule under state and federal law. For example, state and federal law prohibit an employer from firing an employee on the basis of age, sex, race, religion, national origin or disability. Also, a woman cannot be fired because she is pregnant or has had an abortion. The Equal Employment Opportunity Commission administers the federal discrimination laws.

If a collective bargaining agreement, or union contract covers an employee, that agreement will typically provide some protection against arbitrary termination. State and federal law also provides some protection in the areas of garnishment, wage withholding, and wrongful discharge of an employee whose employment is for a definite period of time. The federal Family and Medical Leave Act provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. State law may also provide a legal remedy when an employee has relied on a written promise that he will be terminated only for cause or for good reason, and was subsequently terminated arbitrarily. Additionally, state law may provide protection where an employee is fired in violation of a clear public policy. This would include employees discharged for such things as refusing to break the law; serving on jury duty; obeying a subpoena; or reporting a suspected violation of state or federal law. There are also a number of "whistle-blowing" laws.

This is a changing area of the law and any answer is very dependent on the facts in any given circumstance. As a result, it is wise to consult an attorney with respect to any specific situation.

Q. How much time does my former employer have to pay me my final wages once my employment ends?

A. If a company or corporation terminates the employee, the company must tender any wages due within seven (7) days of the discharge provided the employee has requested or demanded payment. In all other cases, payment must be made at the regularly scheduled payday, absent some agreement between the employer and the employee to the contrary.

Q. I am a small employer. What can I do to insure I am in compliance with federal OSHA regulations without hiring a private consultant?

A. The Arkansas Department of Labor offers OSHA consultation services at no cost to employers. Requests for such services from small employers receive priority. Consultation services include worksite surveys to help employers recognize and correct safety and health hazards. Our consultants can work with employers to identify potential problems, as well as provide assistance in the development and implementation of proven, effective safety and health programs.

A number of training opportunities are offered by the agency, or our consultants can provide customized training developed for your specific needs.

Our Safety Division also maintains a library of books, pamphlets, brochures, as well as films and videos, on occupational safety and health topics. These are also available at no cost. You may specifically want to request the "OSHA Handbook for Small Businesses". Visit our Safety Services page for more information.

Q. Does my employer have to give me a copy of my personnel records?

A. Government employees can request access to their personnel records under the state Freedom of Information Act. There is no state law, however, which requires non-government employers to provide their employees access or copies of their personnel files. Non-government employees have a right to view or copy their personnel file only if company policy or an employment contract grants such a right.

Q. What is the minimum wage?

A. Effective October 1, 2006, state minimum wage is $6.25 per hour. State minimum wage laws are expanded to cover all employers having four or more employees. On May 25, 2007 President Bush signed a spending bill to increase the federal minimum wage from $5.15 an hour in three steps: to $5.85 per hour effective July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25 per hour effective July 24, 2009.

Q. When does an employer have to pay overtime?

A. An employer has to pay overtime (one and one-half times the regular rate of pay) to non-exempt employees for all hours actually worked in excess of 40 hours in a workweek. This means that you may work more than 8 hours in a day or work more than a regularly scheduled shift, and still not exceed 40 hours of actual work in a workweek. If your employer pays you for hours not actually worked, such as for a holiday or a sick day, then those hours do not count as hours actually worked for the purpose of state and federal overtime law.

Q. Does my employer have to give me a meal break or other break?

A. Neither state nor federal wage and hour laws require an employer to provide a break or a meal period. (State law does require rest breaks for children under the age of 16 employed in the entertainment industry.) Rest periods for short duration, usually 20 minutes or less, are common in industry and promote efficiency. State and federal minimum wage and overtime laws require that these short periods be counted as hours worked and that covered employees be paid for the time. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee, however, must be completely relieved of duty during this time. If the employee is required to perform any duties, whether active or inactive, while eating, the meal period must be compensated as work time.

Q. What should an employee do if he feels he has been discriminated against in employment?

A. State and federal law prohibit discrimination on the basis of age, sex, race, religion, national origin, or disability. If an employee feels that he has been discriminated against, he should seek advice of an attorney and contact the Equal Employment Opportunity Commission (EEOC), 820 Louisiana Street, Little Rock, Arkansas 72201. Their telephone number is 1 (800) 669-4000 or their website address is http://www.eeoc.gov/index.html.

Q. What is the youngest a child can work in Arkansas?

A. As a general rule, 14 is the minimum age for employment under state and federal child labor laws. Also, generally, at 16 years of age, a child can be employed for most work, unless the U.S. Department of Labor declares such work hazardous. There are a number of exceptions or restrictions to these general rules dealing with such things as the sale or handling of alcohol; work in the entertainment industry; and delivery of newspapers. For more specific information, write or call the Arkansas Department of Labor, Wage and Hour Division at (501) 682-4501, or visit their web page.

Q. Do I have any protection from losing my job if I have to be absent due to a serious medical problem of my family or myself?

A. The federal Family and Medical Leave Act (FMLA) requires certain employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles. For more information, contact the U.S. Department of Labor, Wage and Hour Division, Danville Building 2, Suite 220, 10810 Executive Center Drive, Little Rock, Arkansas 72221. Their phone number is (501) 223-9114 (public) - 501-223-8734, or their website address is http://www.dol.gov/elaws/fmla.htm.

Q. Does my employer have to pay me for jury duty?

A. Neither state nor federal law requires a non-government employer to pay wages while an employee is on jury duty. Both state and federal law, however, protect an employee from discharge.

Q. Are there any regulations on how much weight a woman can lift?

A. No, there are no set regulations on how much a woman or a man can lift in Arkansas. However, there are recommended lifting limits proposed by several groups. One is from NIOSH (National Institute of Occupational Safety and Health) who offers a calculation that allows the user to figure lifting limits. It can be accessed at NIOSH's website http://www.cdc.gov/niosh/94-110.html.

OSHA also has information on lifting and handling at http://www.osha-slc.gov/SLTC/ergonomics/ergo-niosh.html Other groups have also created lifting limits. Insurance companies and private ergonomic consultants may follow their own guidelines.

Q. Are there any regulations on how hot it can get in a workplace or how cold?

A. Not for most businesses. The heat level in the workplace is covered by OSHA's "General Duty Clause" 5(a)(1). This states that the employer is responsible for providing their employees with a safe place to work, free from health and safety hazards. In certain situations, heat can be dangerous enough to put an employee at risk to their health. Specifically, employees should be protected against heat stroke and heat exhaustion. OSHA can cite 5(a)(1) when a serious heat condition exists. Cold stress is handled in the same fashion.

Some of the protections needed in hot situations are plenty of water. Drink at least a cup every 15 minutes. Work/rest cycles can be set up based on the heat level and the exertion level. One of the best guidelines for heat stress and cold stress is from the ACGIH (American Conference of Governmental Industrial Hygienists). It is in their TLV (Threshold Limit Value) booklet. They can be accessed at http://www.acgih.org/

There is also some good heat stress information at NIOSH's publications site:

Two publications are 86-112 and 86-113.

And "Protecting Workers in Hot Environments" at OSHA's website

Q. Are there any OSHA regulations on drug testing of employees?

A. No. OSHA does not require drug testing of employees to detect the presence of illegal drugs. However, for some chemical exposures at high levels, OSHA requires blood, urine or lung testing. Examples of these chemicals are lead, asbestos, cadmium, arsenic, etc.

Employees in Arkansas can elect to conduct drug testing but it is not required by OSHA. The Department of Transportation (DOT) does have drug testing requirements for certain vehicle drivers. The DOT can be reached at http://www.dot.gov/cgi-bin/AT-serversearch.cgi

Q. What are the regulations on toilet breaks and rooms?

A. OSHA has specific regulations on number and access to toilets (also called water closets). These regulations can be accessed at http://www.osha-slc.gov/OshStd_data/1910_0141.html
OSHA also explains more on accessibility in a 1998 interpretation at http://www.osha-slc.gov/OshDoc/Interp_data/I19980406.html

Q. How can I get a copy of OSHA regulations?

A. There are several routes for obtaining this information. They are listed below:

• You can call the U.S. Government bookstore at (214) 767-0076. From this location, you can order a paper copy of 29 CFR 1910 (for industry) or 29 CFR 1926 (for construction). You can also order a CD ROM version.
  
  
• You can look at them (and download) from OSHA's website
  
  
• Some private businesses also sell copies of OSHA regulations.

Q. What is the difference between OSHA regulations and Arkansas Department of Labor regulations?

A.Arkansas is a federal OSHA enforcement state. That means that private businesses such as factories, mills, restaurants, service industries, etc., must follow federal OSHA regulations. These can be accessed as described in the above publications.

However, Arkansas did adopt regulations that cover state, county, and municipal workers. These employees (who OSHA does not cover) are protected by AOSH (Arkansas Occupational Safety and Health) regulations. AOSH regulations can be obtained by contacting our office at (501) 682-4523. Arkansas also adopted ANSI (American National Standards Institute) standards. ANSI standards are copywrited and can be obtained from ANSI by calling (212) 642-4900.

Q. What if I want to file a job safety and health complaint against my employer?

A.Federal OSHA handles complaints on private businesses. They can be reached at (501) 244-1841.

Arkansas Department of Labor's AOSH Division handles complaints on state, county or municipal workplaces. They can be reached at (501) 682-9091.

If you're not sure which one you fall under, call (501) 682-4523 or e-mail Kim Fischer for more information.

Q. Where can I learn more about occuptional safety and health?

A. There are several organizations that teach safety and health classes. Our office teaches short classes to business and industry, managers and employee groups. We can customize a training class to suit your needs. Past topics have been OSHA Respirator Regulation, Hearing Conservation, Mechanical Power Presses, Trenching Safety, How to Set Up a Safety Program, OSHA 10 Hour Outreach and many others. If you are interested in training being presented at your worksite, call Kim Fischer at (501) 682-4517 or Jim Pumphrey at (501) 682-4516.

Q. How many hours can a minor 14 or 15 years of age work when school is in session?

A. According to the Arkansas Child Labor Law, when school is in session a minor 14 or 15 years of age cannot begin work before 6 a.m., work later than 7 p.m., nor more than 8 hours a day, 6 days a week, or more than 48 hours a week.

Q. How many hours can a minor 14 or 15 years of age work when school is NOT in session?

A. According to the Arkansas Child Labor Law, a minor 14 or 15 years of age cannot begin work before 6 a.m., work past 9 p.m., nor more than 8 hours a day, 6 days a week, or more than 48 hours a week when school is not in session.

Q. What are the hour restrictions for a 16 or 17 year old according to the Arkansas Child Labor Law?

A. When school is in session the next day, a 16 or 17 year old cannot begin work before 6 a.m., work past 11 p.m., work more than 10 hours a day, more than 6 days a week, or more than 54 hours a week. When school is NOT in session the next day, everything is the same except that there is no limit to how late the minor can work

Q. What are the requirements for a business to be covered by state wage and hour laws as opposed to federal laws?

A. An employer must follow the strictest child labor laws, state or federal. To determine which law the employer of employees over the age of 17 is covered by, an employer that grosses over $500,000.00 per year or is engaged in interstate commerce is subject to both federal and state wage and hour law . An employer that grosses less than $500,000.00 per year and is not engaged in interstate commerce but has four (4) or more employees is subject to the state wage and hour laws.

Q. How often are elevators inspected and by whom?

A. All passenger elevators, wheelchair lifts, and escalators must be inspected semi-annually, and freight elevators and dumbwaiters inspected annually. These inspections can be done by private sector companies or by the Department of Labor when requested in writing.

Q. What is the maximum number of people per CPR class?

A. CPR classes are held to a maximum of six people per instructor.