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Arkansas law

Employment Laws in Arkansas.

Arkansas is a right-to-work state (since 1944, constitutionalized in Amendment 34). The state minimum wage is $11.00/hour (since 2021, set by voter-approved Initiated Act 5 of 2018). The Arkansas Civil Rights Act of 1993 prohibits employment discrimination by employers with 9+ employees, covering race, religion, national origin, gender, and disability — but notably does not protect sexual orientation or gender identity. Arkansas has no state paid family or medical leave law. In 2025, Act 232 banned noncompete agreements for physicians.

Last verified: 2026-02-25

State law

Key Arkansas Statutes

Arkansas Civil Rights Act of 1993Ark. Code Ann. §§ 16-123-102, 16-123-107

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.

Minimum WageArk. Code Ann. § 11-4-210; Initiated Act 5 of 2018

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.

Right-to-WorkArk. Const. Amendment 34; Ark. Code Ann. § 11-3-301 et seq.

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.

Whistleblower Protection (Public Employees)Ark. Code Ann. § 21-1-601 et seq.

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.

Anti-Retaliation (Civil Rights)Ark. Code Ann. § 16-123-108

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 AgreementsArk. Code Ann. § 4-75-101; Act 232 of 2025

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.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Arkansas.

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