Arkansas Code of 1987 (2023)
Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105)
Chapter 4 - WAGE AND HOUR REGULATIONS GENERALLY (§§ 11-4-101 — 11-4-612)
Subchapter 4 - PAYMENT OF WAGES (§§ 11-4-401 — 11-4-405)
Section 11-4-402 - Discount for advance payment - Payments made in currency

• (a) It shall be unlawful for any milling or manufacturing company, or any other person, corporation, or company employing persons to labor for them in the State of Arkansas, to discount the wages of their employees or laborers when payment is made or demanded before the regular paydays more than at the rate of ten percent (10%) per annum from the date of payment to the regular payday.

• (b)
  • (1)
    • (A) All employees shall be paid in currency or by check or electronic direct deposit into the employee's account.
    • (B) The employee may opt out of electronic direct deposit by providing the employer a written statement requesting payment by check.
  • (2) Notwithstanding any provision to the contrary, an employee has a right to be paid in currency if the employer has at any time paid the employee with a check drawn on an account with insufficient funds.
  • (3) This subsection does not apply to any demand or claim by the Division of Labor.

• (c) Any evasion or violation of this section shall be usury and a misdemeanor. The person, company, or corporation, or his, her, or its agents, violating this section shall be fined in any sum not less than ten dollars ($10.00) nor more than five hundred dollars ($500), and the entire property of the person, company, or corporation shall be subject to the payment of the fine and costs.

Amended by Act 2019, No. 910,§ 5325, eff. 7/1/2019.

Acts 1899, No. 172, §§ 1, 2, p. 310; C. & M. Dig., § 7356; Pope's Dig., § 9395; A.S.A. 1947, §§ 81-303, 81-304; Acts 2003, No. 925, § 1.