2023 Arkansas Labor & Employment Year End Review

Wichita, Kan. (January 18, 2024) - This alert discusses the major developments in Arkansas labor and employment law from the previous year, including changes to minors’ eligibility for employment and the recognition of a special type of leave to care for foster children.

Youth Hiring Act

Historically, minors in Arkansas aged 14 or 15 (minors under 14 are typically prohibited from joining the workforce) were required to obtain permission from the Division of Labor in order to be employed. The Youth Hiring Act does away with this requirement. This does not impact the number or hours that minors are allowed to work, nor does it change the types of jobs these minors may have. This is simply in place to eliminate the requirement that the state of Arkansas verify a minor’s age before they are allowed to work.

Child Labor Violations and Penalties

To reinforce the protection of minor employees, Arkansas also passed more severe penalties for violations of existing child labor laws. The minimum fine was raised from $50.00 to $100.00 per occurrence while the maximum was left at $5,000.00. Further, Arkansas extended the period in which penalties can be assessed from two years from the date of violation to three years from the date of the violation. Finally, Arkansas established criminal penalties for repeat offenders of child labor laws or for anyone hindering an investigation into a potential violation.

Uniform Attendance and Leave Policy Act

Arkansas amended the laws concerning sick leave to include a child who is in the employee’s home through the foster care system. Further, Arkansas added foster care leave to the Act and defines the leave, what events the leave should be granted or should not be granted for, and other limitations on the leave.

State Employees Maternity Leave

Arkansas extended the maternity leave for state employees, permitting up to 12 consecutive weeks of paid maternity leave after the birth, adoption or foster-care placement of an employee’s child.

Commercial Driver Alcohol and Drug Testing Act

Arkansas amended this Act to comply with Federal Motor Carrier Safety Administration regulations. The primary amendment provides that that, upon the receipt of an application to issue, renew, transfer, or upgrade a commercial driver license or learner permit, the Office of Driver Services shall request the driver’s record from the Commercial Driver’s License Drug and Alcohol Clearinghouse.

Family Leave Insurance

Arkansas created a new line of insurance, called Family Leave Insurance. Any insurer licensed to transact health or lie insurance in the state may issue a policy covering the risk of family leave. Further, the insurer can write the family leave policy as an amendment or rider to a group disability income insurance policy or otherwise include the policy in a group disability income insurance policy.

If you have any questions about these developments, contact the author of this alert. For more information on Lewis Brisbois’ capabilities in this area, visit our Labor & Employment practice page.

Author:

Clayton T. Sears, Associate