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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.

Arkansas has a rule of its own in 7 of the 14 areas, listed below. In 5 more we searched the state's own site and found nothing beyond the federal rule, but we have not finished writing up where we looked, so those are not shown yet. The remaining 2 areas we have not checked yet.

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Arkansas rules for a 15–19 person general business

We check the same 14 areas of state law on every state page: breach notification, data security program, consumer privacy law, biometric and health data, harassment prevention, workplace safety programs, workplace violence prevention, insurance data security, state vendor security program, paid leave policies, required postings, pay transparency, licensing and certifications, and other written policies. Federal rules apply in most of these already. What this page adds is whether Arkansas has a rule of its own on top. The federal rules every employer carries follow the Arkansas rules. Each row names what you must write, post, file or certify, who enforces it, and links to the authority.

Breach Notification 1Who you must tell after a data breach, and how fast

LawProduceWhat it requiresTriggerEnforced by

Personal Information Protection ActArk. 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)

AuthorityArkansas Attorney General - Data Breach Reporting Form Arkansas Attorney General - Consumer Protection Report an error

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 disposalArk. Code Ann. § 4-110-104 #Any 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

AuthorityArkansas Attorney General - Consumer Protection Report an error

Required Postings 1The notices every workplace in the state must display

LawProduceWhat it requiresTriggerEnforced by

Required workplace postingsArk. 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

AuthorityArkansas Department of Labor and Licensing - Required Postings Arkansas Workers' Compensation Commission Arkansas Division of Workforce Services - Employers Report an error

Pay Transparency 1Salary ranges in job posts and pay disclosure on request

LawProduceWhat it requiresTriggerEnforced by

Arkansas equal pay statutes (wage and sex discrimination)Ark. Code Ann. §§ 11-4-601 and 11-4-607 to 11-4-612 #Every 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

AuthorityArkansas Department of Labor and Licensing - Statutes Regulating Wages and Hours in Arkansas Arkansas Department of Labor and Licensing - Laws and Rules Arkansas Department of Labor and Licensing - Labor Standards Report an error

Licensing and Certifications 2Registrations, licenses and certifications a business or its staff must hold

LawProduceWhat it requiresTriggerEnforced by

Business entity registration (Secretary of State, Business and Commercial Services)Ark. 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

AuthorityArkansas Secretary of State - Business and Commercial Services Arkansas Secretary of State - Online Filing System Arkansas Secretary of State - Business Entity Search Report an error

Sales and use tax permit and employer withholding registrationArk. 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

AuthorityArkansas Department of Finance and Administration - Taxes Arkansas Taxpayer Access Point (ATAP)Arkansas DFA - Sales and Use Tax Report an error

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 noticeArk. Code Ann. §§ 11-9-404, 11-9-407 #Employers 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

AuthorityArkansas Workers' Compensation Commission Arkansas Department of Labor and Licensing - Required Postings Report an error

Voluntary Program for Drug-Free Workplaces (workers' compensation premium credit)Ark. Code Ann. §§ 11-14-101 to 11-14-112; AWCC Rule 099.36 #Employers 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

AuthorityArkansas Workers' Compensation Commission Code of Arkansas Rules - 11 CAR § 25-131 Voluntary program for drug-free workplaces Report an error

Break time and space for nursing employeesArk. Code Ann. § 11-5-116 #Every 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

AuthorityArkansas Department of Labor and Licensing Arkansas Department of Labor and Licensing - Labor Standards Report an error

Child labor records and hour limits (Youth Hiring Act of 2023)Ark. 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

AuthorityArkansas Department of Labor and Licensing - Child Labor Arkansas Department of Labor and Licensing - Required Postings Report an error

Unemployment insurance employer registration and tax reportingArk. Code Ann. §§ 11-10-401 et seq., 11-10-717 #Employers 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

AuthorityArkansas Division of Workforce Services - Employers Arkansas Department of Labor and Licensing - Required Postings Report an error

Because You Are in Construction 1Industry layer

LawProduceWhat it requiresTriggerEnforced by

Contractor licensing (Arkansas Contractors Licensing Board)Ark. 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

AuthorityArkansas Contractors Licensing Board Arkansas Contractors Licensing Board - Licensing Report an error

Because You Are in Food & Beverage 1Industry layer

LawProduceWhat it requiresTriggerEnforced by

Retail food establishment permit and certified food protection managerArk. Code Ann. §§ 20-57-201 et seq.; Arkansas Food Code #Restaurants, 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

AuthorityArkansas Department of Health - Food Protection Arkansas Department of Health - Environmental Health Report an error

Because You Are in Financial & Tax 1Industry layer

LawProduceWhat it requiresTriggerEnforced by

Standards for Safeguarding Customer Information (Rule 77)Ark. Ins. Rule and Regulation 77 (23 CAR pt 31); authority Ark. Code Ann. §§ 23-61-108, 23-61-113, 23-66-207 #Insurance 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 program 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.

AuthorityArkansas Insurance Department - Rule 77, Standards for Safeguarding Customer Information Arkansas Insurance Department - Legal Rules index Report an error

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Sources

What a Arkansas business has to have in writing

Headcount

Industry General is always on

Arkansas rules for a 15–19 person general business

Breach Notification 1Who you must tell after a data breach, and how fast

Data Security Program 1A written safeguards program the state requires before anything goes wrong

Required Postings 1The notices every workplace in the state must display

Pay Transparency 1Salary ranges in job posts and pay disclosure on request

Licensing and Certifications 2Registrations, licenses and certifications a business or its staff must hold

Other Written Policies 5Any other document the state makes an employer write or hand out

Because You Are in Construction 1Industry layer

Because You Are in Food & Beverage 1Industry layer

Because You Are in Financial & Tax 1Industry layer

Federal rules for a 15–19 person general business

Keep Your Written Policies in One Place

Your business type, with Arkansas on top

For another state

Find a Consultant Who Does This Work

Sources

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