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Employment Laws in Arkansas

Filed under Office & HR.

Employers in Arkansas must conform to these state rules relating to the employment relationship.

Employee does not include any individual employed by his or her parents, spouse or child; an individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility; or an individual employed outside the state.

Employer means a person who employs nine or more employees in Arkansas in each of 20 or more calendar weeks in the current or preceding calendar year, or any agent of an employer.

The law does not apply to religious corporations, associations, societies or other religious entities.

Prohibited Employment Discrimination

Employers must hire and retain individuals for employment without regard to:

  • race
  • religion
  • ancestry or national origin
  • gender
  • the presence of any sensory, mental, or physical disability

Military Service Protection Act. Employers with five or more employees are prohibited from discriminating against an individual based on military service on any active or reserve component of the United States Armed Forces.

Social media privacy. Employers are prohibited from requiring that employees and job applicants:

  • disclose usernames and passwords to their social media accounts;
  • add an employee, supervisor, or administrator to the list of contacts associated with such accounts; or
  • change the privacy settings of such social media accounts.

Employers may not retaliate against employees or refuse to hire applicants who exercise their rights under this law.

If an employer inadvertently receives an employee's username, password, or other login information to the employee's social media account through the use of an electronic device provided to the employee by the employer or a program that monitors an employer's network, the employer is not liable for having the information, but may not use the information to gain access to an employee's social media account.

Employers are not prohibited from viewing information about a current or prospective employee that is publicly available on the Internet.

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