Arkansas Overtime Lawyer
If you work in Arkansas and your employer hasn't paid you overtime, you have claims under both the federal Fair Labor Standards Act and the Arkansas Minimum Wage Act (AMWA). The AMWA provides its own overtime protections and allows recovery of unpaid wages plus a penalty equal to two times the unpaid wages for willful violations. I represent Arkansas workers in the U.S. District Court for the Western District of Arkansas and the Eastern District of Arkansas, where I'm admitted to practice.
Arkansas's economy is anchored in poultry and food processing, trucking and logistics, retail, and healthcare. The violations in each of those industries follow predictable patterns I handle regularly.
Which Industries Do I See Most Often Here?
Poultry and food processing.
Workers at poultry processing plants and food manufacturing facilities facing off-the-clock donning and doffing of protective gear, automatic meal break deductions, and unpaid pre-shift line setup. Arkansas is one of the largest poultry-producing states in the country, and these violations are widespread.
Trucking and logistics.
Local and regional truck drivers misclassified as independent contractors, or denied overtime under a misapplied motor carrier exemption. Drivers of vehicles under 10,001 pounds GVWR are never covered by the motor carrier exemption. Many Arkansas drivers on local or regional routes may not be covered even in heavier vehicles.
Retail and big-box.
Several major retailers are headquartered in Arkansas or have large distribution operations here. Assistant managers, department managers, and team leads misclassified as exempt under the executive exemption while spending the majority of their shifts doing non-managerial work.
Healthcare.
Hospital workers, nursing home staff, home health aides, and assisted living employees facing automatic meal deductions, off-the-clock charting, and unpaid travel time between patient locations.
Construction.
Residential and commercial construction workers misclassified as 1099 independent contractors, paid day rates or flat project fees, and denied overtime on long weeks.
FLSA and Arkansas Minimum Wage Act
Arkansas workers typically have two claims running in parallel. The FLSA allows recovery of unpaid overtime plus liquidated damages equal to the unpaid amount, doubling the recovery. The AMWA provides its own remedies, including a penalty equal to two times the unpaid wages for willful violations. The court applies whichever statute provides the larger recovery.
I file cases in the W.D. Ark. (Fayetteville, Fort Smith, Texarkana, El Dorado) and the E.D. Ark. (Little Rock, Jonesboro, Pine Bluff). The lookback period is two years under the FLSA (three for willful violations). If there is no recovery, you pay nothing, not even the costs.
Cities served: Little Rock, Fayetteville, Fort Smith, Springdale, Jonesboro, Rogers, Conway, North Little Rock, Bentonville, Pine Bluff.
No Cost to You
I work on a contingency fee basis. You pay nothing upfront. If there is no recovery, you pay nothing at all, not even the costs.
Contact Me
Call me at (512) 799-2048 or email doug@welmakerlaw.com. The first conversation is free.