Obligations United States Arkansas
What a Arkansas business has to have in writing
Arkansas keeps its written-policy load light. There is no comprehensive consumer privacy law, no state harassment-policy mandate, no paid leave law and no state OSHA plan for private employers, so federal OSHA inspects Arkansas workplaces directly.
What the state does require is concentrated in the Personal Information Protection Act (reasonable safeguards, secure disposal and breach notice to the Attorney General above 1,000 residents), the equal pay statutes, which carry a three-year wage and job-classification record duty, the Department of Labor and Licensing poster set, and a stack of permits and licenses for contractors, food establishments and taxable sellers.
Insurance licensees carry a separate written information security program under Insurance Rule 77. The one genuinely optional written policy that pays for itself is the drug-free workplace program, which earns a workers' compensation premium credit.
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Every employee in Arkansas on record
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What applies
Arkansas rules for a 15–19 person general business
State law only. The federal layer every employer carries sits on the business-type pages below. Each row names what you must write, post, file or certify, who enforces it, and links to the state authority.
Breach Notification 1Who you must tell after a data breach, and how fast
LawProduceWhat it requiresTriggerEnforced by
Personal Information Protection ActAI-compiledArk. Code Ann. §§ 4-110-101 to 4-110-108 (Act 1030 of 2019)Any person or business that acquires, owns or licenses computerized personal information about Arkansas residents, including medical and biometric dataDistribute
Notice
Investigate any suspected breach and tell affected Arkansas residents as quickly as possible without unreasonable delay. When more than 1,000 residents are affected, also file a breach report with the Attorney General, either at the same time residents are told or within 45 days of deciding harm is reasonably likely, whichever comes first. If you decide notice is not required, write down why and keep that determination and the supporting records for five years.
From the first employee
Arkansas Attorney General (enforced through the Deceptive Trade Practices Act)
Data Security Program 1A written safeguards program the state requires before anything goes wrong
LawProduceWhat it requiresTriggerEnforced by
Personal Information Protection Act - safeguards and record disposalAI-compiledArk. Code Ann. § 4-110-104Any business that owns or licenses personal information about an Arkansas residentWrite
Written program
Put in place and keep up reasonable security procedures and practices sized to the kind of personal information you hold, and pass equivalent duties to service providers. When records holding personal information are no longer needed, destroy them by shredding, erasing or otherwise making the information unreadable rather than discarding them intact.
From the first employee
Arkansas Attorney General
Insurance Data Security 1The written security program insurance licensees must certify
LawProduceWhat it requiresTriggerEnforced by
Standards for Safeguarding Customer Information (Rule 77)AI-compiledArk. Ins. Rule and Regulation 77 (23 CAR pt 31); authority Ark. Code Ann. §§ 23-61-108, 23-61-113, 23-66-207Insurance licensees under the Arkansas Insurance Code, other than purchasing groups and unauthorised insurers writing excess linesWrite
Written program
Write and run a comprehensive information security program with administrative, technical and physical safeguards sized to the licensee's operations, covering customer information in paper, electronic or any other form, including information on insurance applications whether or not a policy is bought. Assess foreseeable threats, control the risks found, exercise due diligence over service providers and require them to safeguard the same information, and adjust the programme as technology, threats and the business change.
From the first employee
Arkansas Insurance Department; a violation is an unfair method of competition or an unfair or deceptive act under Ark. Code Ann. § 23-66-201 et seq.
Required Postings 1The notices every workplace in the state must display
LawProduceWhat it requiresTriggerEnforced by
Required workplace postingsAI-compiledArk. Code Ann. §§ 11-4-213 (minimum wage), 11-6-113 (child labor), 11-9-407 (workers' compensation), 11-10-717 (unemployment)Every Arkansas employerPost
Posting
Display the Department of Labor and Licensing's current state notices - minimum wage, wage payment, child labor, workers' compensation and unemployment insurance - together with the federal posters, in a place all employees can reach. Employers with 50 or more employees must also display the veterans' benefits and services notice.
From the first employee
Arkansas Department of Labor and Licensing; Arkansas Workers' Compensation Commission; Division of Workforce Services
Pay Transparency 1Salary ranges in job posts and pay disclosure on request
LawProduceWhat it requiresTriggerEnforced by
Arkansas equal pay statutes (wage and sex discrimination)AI-compiledArk. Code Ann. §§ 11-4-601 and 11-4-607 to 11-4-612Every employer in the state. The record-keeping subchapter does not reach domestic service in the employer's home, agricultural service, temporary or seasonal work, or employees of social, fraternal, charitable, educational, religious, scientific and literary associations whose earnings benefit no private individualWrite
Written policy
Pay employees equal compensation for equal services and do not set wages or salary rates by sex; a difference is allowed only for seniority, experience, training, skill, ability, differences in duties and services, the shift or time of day worked, or another reasonable ground other than sex. Keep and maintain records of the salaries and wage rates, job classifications and other terms and conditions of employment of everyone employed, preserve them for three years, and make them available to the parties and the court in any action to recover unpaid wages. Arkansas has no salary-range disclosure law.
From the first employee
Arkansas Department of Labor and Licensing, Director; private action for unpaid wages plus an equal amount of liquidated damages, attorney's fee and costs; Class C misdemeanour under § 11-4-601
Licensing and Certifications 4Registrations, licences and certifications a business or its staff must hold
LawProduceWhat it requiresTriggerEnforced by
Business entity registration (Secretary of State, Business and Commercial Services)AI-compiledArk. Code Ann. Title 4, chapters 27 (corporations), 32 (partnerships) and 38 (LLCs); § 4-70-203 (fictitious names)Corporations, LLCs, limited partnerships, nonprofits and out-of-state entities transacting business in Arkansas; sole proprietors and partnerships trading under an assumed nameFile
Filing / record
File formation or foreign-qualification documents with Business and Commercial Services, name a registered agent with an Arkansas address, record any fictitious or doing-business-as name, and file the annual franchise tax report by May 1 each year to stay in good standing.
From the first employee
Arkansas Secretary of State, Business and Commercial Services Division
Sales and use tax permit and employer withholding registrationAI-compiledArk. Code Ann. §§ 26-52-201 (sales tax permit), 26-51-908 (withholding)Any business selling taxable goods or services in Arkansas, and any employer paying Arkansas wagesFile
Filing / record
Register with the Department of Finance and Administration through the Arkansas Taxpayer Access Point before making taxable sales, hold and display the sales and use tax permit, and register as a withholding agent so Arkansas income tax withheld from employees is reported and remitted on schedule.
From the first employee
Arkansas Department of Finance and Administration
Contractor licensing (Arkansas Contractors Licensing Board)AI-compiledArk. Code Ann. §§ 17-25-101 et seq. (commercial); §§ 17-25-501 et seq. (residential building and home improvement)Contractors bidding or performing commercial work of $50,000 or more, residential building work of $50,000 or more, or home improvement work of $2,000 or moreCertify
Certification
Hold the matching Contractors Licensing Board license before bidding, submit reviewed or audited financial statements and the required examination results with the application, renew the license each year, and show the license number in advertising and on bid documents.
From the first employee
Arkansas Contractors Licensing Board
Retail food establishment permit and certified food protection managerAI-compiledArk. Code Ann. §§ 20-57-201 et seq.; Arkansas Food CodeRestaurants, food trucks, caterers, retail food stores and other food establishmentsCertify
Certification
Get a Department of Health food establishment permit before opening, renew it annually and pass routine inspections. Each establishment must have a person in charge who holds a certified food protection manager credential from an accredited program, and must keep written employee health reporting agreements on file for food handlers.
From the first employee
Arkansas Department of Health, Food Protection Program
Other Written Policies 5Any other document the state makes an employer write or hand out
LawProduceWhat it requiresTriggerEnforced by
Workers' compensation coverage, proof of insurance and employee noticeAI-compiledArk. Code Ann. §§ 11-9-404, 11-9-407Employers that regularly employ three or more people; construction employers with one or more employeesFile
Filing / record
Carry a workers' compensation policy or hold self-insurance approval, make sure proof of coverage is filed with the Workers' Compensation Commission, post the Commission's notice telling employees how to report an injury and where to get a claim form, and keep injury records the Commission can inspect.
3+ employees
Arkansas Workers' Compensation Commission
Voluntary Program for Drug-Free Workplaces (workers' compensation premium credit)AI-compiledArk. Code Ann. §§ 11-14-101 to 11-14-112; AWCC Rule 099.36Employers that choose to qualify for the workers' compensation premium discount by running a certified drug-free workplace programWrite + ack
Written policy
Write a drug-free workplace policy and give every employee a copy at least 60 days before testing begins. The policy has to name the substances tested for, the circumstances that trigger a test, the employee's chance to explain a positive result, how results are kept confidential, what happens on refusal or a confirmed positive, and where to find assistance. Post the required notice, provide employee education and at least an hour of annual supervisor training, and get the program accepted each year by the Workers' Health and Safety Division.
From the first employee
Arkansas Workers' Compensation Commission, Workers' Health and Safety Division
Break time and space for nursing employeesAI-compiledArk. Code Ann. § 11-5-116Every Arkansas employer with a nursing employeeWrite
Written policy
Give a nursing employee reasonable unpaid break time to express milk during the workday and make a reasonable effort to provide a private location, other than a toilet stall, close to the work area for that purpose.
From the first employee
Arkansas Department of Labor and Licensing
Child labor records and hour limits (Youth Hiring Act of 2023)AI-compiledArk. Code Ann. §§ 11-6-101 et seq. (Act 195 of 2023)Any employer that hires workers under 18Certify
Certification
Arkansas no longer issues employment certificates for workers under 16, so the employer carries the record-keeping: keep proof of each minor's age and a record of the hours worked each day, follow the daily and weekly hour limits and school-day restrictions, and keep 14- and 15-year-olds out of the occupations the state lists as hazardous.
From the first employee
Arkansas Department of Labor and Licensing, Labor Standards Division
Unemployment insurance employer registration and tax reportingAI-compiledArk. Code Ann. §§ 11-10-401 et seq., 11-10-717Employers paying $1,000 or more in wages in a calendar year, or meeting the agricultural or domestic-employment testsFile
Filing / record
Register with the Division of Workforce Services once you become a liable employer, file quarterly contribution and wage reports, pay unemployment tax on time, display the unemployment insurance notice, and report new hires to the state directory.
From the first employee
Arkansas Division of Workforce Services
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Add the federal layer
Your business type, with Arkansas on top
Small businessFederal + industry, with Arkansas on topConstruction contractorsFederal + industry, with Arkansas on topHealthcare practicesFederal + industry, with Arkansas on topFood and beverage businessesFederal + industry, with Arkansas on topTax and accounting firmsFederal + industry, with Arkansas on topRegistered investment advisersFederal + industry, with Arkansas on topInsurance agenciesFederal + industry, with Arkansas on topRetail and e-commerceFederal + industry, with Arkansas on topTrucking and logistics carriersFederal + industry, with Arkansas on topNonprofitsFederal + industry, with Arkansas on topFederal contractorsFederal + industry, with Arkansas on top
Other states
The same index for another state
Alabama12Alaska12Arizona11California20Colorado18Connecticut17Delaware17District of Columbia12Florida15Georgia13Hawaii16Idaho13Illinois19Indiana16Iowa13Kansas11Kentucky14Louisiana13Maine14Maryland19Massachusetts16Michigan15Minnesota19Mississippi11Missouri12Montana15Nebraska13Nevada18New Hampshire13New Jersey19New Mexico13New York17North Carolina12North Dakota13Ohio13Oklahoma11Oregon19Pennsylvania12Rhode Island13South Carolina12South Dakota11Tennessee14Texas15Utah13Vermont17Virginia17Washington21West Virginia14Wisconsin15Wyoming13
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Sources
Arkansas Attorney General - Data Breach Reporting FormArkansas Attorney General - Consumer ProtectionArkansas Insurance Department - Rule 77, Standards for Safeguarding Customer InformationArkansas Insurance Department - Legal Rules indexArkansas Department of Labor and Licensing - Required PostingsArkansas Workers' Compensation CommissionArkansas Division of Workforce Services - EmployersArkansas Department of Labor and Licensing - Statutes Regulating Wages and Hours in ArkansasArkansas Department of Labor and Licensing - Laws and RulesArkansas Department of Labor and Licensing - Labor StandardsArkansas Secretary of State - Business and Commercial ServicesArkansas Secretary of State - Online Filing SystemArkansas Secretary of State - Business Entity SearchArkansas Department of Finance and Administration - TaxesArkansas Taxpayer Access Point (ATAP)Arkansas DFA - Sales and Use TaxArkansas Contractors Licensing BoardArkansas Contractors Licensing Board - LicensingArkansas Department of Health - Food ProtectionArkansas Department of Health - Environmental HealthCode of Arkansas Rules - 11 CAR § 25-131 Voluntary program for drug-free workplacesArkansas Department of Labor and LicensingArkansas Department of Labor and Licensing - Child Labor