Director of the Division of Labor — Powers and duties

  1. Law
  2. Arkansas Code
  3. Labor and Industrial Relations
  4. Wage and Hour Regulation Generally
  5. Minimum Wage Law
  6. Director of the Division of Labor — Powers and duties

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  1. (a) For any occupation, the Director of the Division of Labor shall make and revise such administrative rules, including definitions of terms, as he or she may deem appropriate to carry out the purposes of this subchapter or necessary to prevent the circumvention or evasion thereof and to safeguard the minimum wage rates established.

  2. (b) The rules may include, but are not limited to, rules governing:

    1. (1) Outside or commission salespersons;

    2. (2) Learners and apprentices, their number, proportion, and length of service;

    3. (3) Part-time pay, bonuses, and fringe benefits;

    4. (4) Special pay for special or extra work;

    5. (5) Permitted charges to employees or allowances for board, lodging, apparel, or other facilities or services customarily furnished by employers to employees;

    6. (6) Allowances for gratuities; and

    7. (7) Allowances for other special conditions or circumstances which may be usual in a particular employer-employee relationship.

  3. (c) Rules shall be promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

  4. (d) The director or his or her authorized representatives shall:

    1. (1) Have authority to enter and inspect the place of business or employment of any employer in the state for the purpose of:

      1. (A) Examining and inspecting any or all books, registers, payrolls, and other records of any employer that in any way relate to or have a bearing upon the question of wages, hours, and other conditions of employment of any employees;

      2. (B) Copying any or all of the books, registers, payrolls, and other records as he or she may deem necessary or appropriate; and

      3. (C) Questioning employees for the purpose of ascertaining whether the provisions of this subchapter and rules issued under this subchapter have been and are being complied with;

    2. (2) Have authority to require from the employer full and correct statements in writing, including sworn statements, with respect to wages, hours, names, addresses, and such information pertaining to his or her employees as the director or his or her authorized representative may deem necessary or appropriate;

    3. (3) Publish all rules promulgated pursuant to this subchapter; and

    4. (4) Otherwise implement and enforce the provisions of this subchapter and the rules issued under this subchapter.


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