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Summary of differences between federal and state regulations
Federal regulations restrict the types of deductions that can be made from an employee’s wages or salary. Deductions can be made in certain cases, but the legality often depends on the nature and purpose of the deductions, as well as the status of the employee as exempt or non-exempt.
Arkansas does not address wage deduction issues beyond the federal law, but the state is authorized to rule on wage disputes.
Employers may not deduct the cost of a medical exam or drug test required by the employer. However, if an employee tests positive for an illegal drug, the employer and employee may agree in writing who will bear the cost of future drug tests or screens required as a condition of continued employment.
State
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Regulations
§11-4-303. Director of Department of Labor to conduct hearing.
(a) Upon application of either employer or employee, the Director of the Department of Labor or any person authorized by the director shall have authority to inquire into, hear, and decide disputes arising from wages earned and shall allow or reject any deduction from wages.
(b) Upon motion of either employer or employee, the amount found to be due may be paid in the presence of the director or person designated by him or her, and after final hearing by the director or person appointed by him or her, he or she shall file in the office of the Department of Labor a copy of findings and facts and his or her award.
(c) The amount of the award of the director shall be presumed to be the amount of wages, if any, due and unpaid to the employee.
§11-3-203. Medical examination as condition for employment
Federal
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Regulations
For non-exempt employees:
29 CFR Part 531, Wage Payments under The Fair Labor Standards Act of 1938
For exempt employees:
29 CFR Part 541, Subpart G, Salary Requirements