Final Paycheck Deadlines in Arkansas
At a glance
| Governing law | Ark. Code Ann. § 11-4-405 governs final pay after discharge; §§ 11-4-301, 11-4-303–304, and 11-4-306 govern the wage-dispute route. |
|---|---|
| Deadline if fired or laid off | For an employer discharge, all wages due by the next regular payday (Ark. Code Ann. § 11-4-405(a)). |
| Deadline if the employee quits | Section 11-4-405 addresses employer discharge, not voluntary resignation; it sets no quit-specific deadline. Corporate pay-frequency rules remain in § 11-4-401. |
| Unused vacation/PTO payout required? | Section 11-4-405 requires “all wages due” after discharge but does not define whether unused vacation or PTO is included. |
| How final pay must be delivered | Currency, check, or direct deposit with a written check opt-out; a preloaded debit card is also permitted with one free withdrawal per deposit (§§ 11-4-402(b), 11-4-403(f)). |
| Penalty for a late or unpaid final check | If discharge wages remain unpaid seven days after the next regular payday, the employer owes double the wages due (§ 11-4-405(b)). |
| How to enforce it | Either party may seek a wage-dispute hearing before the labor secretary or designee for claims within the $2,000 statutory limit; a party may then proceed at law (§§ 11-4-301, 11-4-303–304). |
| Exceptions and special rules | The semimonthly pay-frequency rule is directed at corporations; § 11-4-405(a) says “an employer” and sets the discharge-payment rule (§§ 11-4-401(a), 11-4-405(a)). |
Requirements one by one
Deadline if fired or laid off
For an employer discharge, § 11-4-405(a) requires payment of all wages due by the next regular payday. The text does not set a shorter clock for a layoff described as a discharge.
Deadline if the employee quits
§ 11-4-405 speaks of an employer that “discharges” an employee. It does not specify a separate deadline for a voluntary quit. Corporations covered by § 11-4-401(a) must still pay wages at least semimonthly.
How final pay must be delivered
§ 11-4-402(b) allows currency, check, or direct deposit into the employee's account; the employee may request a check instead of direct deposit in writing. § 11-4-403(f) also permits a preloaded debit card with at least one free withdrawal for each wage deposit.
Penalty for a late or unpaid final check
The § 11-4-405(b) double-wage amount is triggered only if the employer fails to make the required discharge payment within seven days after the next regular payday. It is not a daily multiplier.
How to enforce it
For a wage dispute within the $2,000 amount-in-controversy limit in § 11-4-301, either employer or employee may apply for a hearing under § 11-4-303. The Secretary of the Department of Labor and Licensing, or an authorized person, decides earned-wage disputes. Under § 11-4-304, a party that does not accept the finding may proceed at law; the secretary may bring a qualifying claimant's case in court when financial inability warrants it. The agency cannot charge a fee for duties under this subchapter (§ 11-4-306).
What trips people up
§ 11-4-405's seven-day period follows the regular payday. It is a grace period before double wages become due, rather than a new ordinary payment deadline.
Common questions
Does the statute guarantee payment for unused vacation? § 11-4-405 requires payment of wages due on discharge but does not say whether unused vacation is part of those wages. Check the terms that create the claimed vacation entitlement.
Can a worker seek an agency hearing for a larger claim? The wage-dispute definition in § 11-4-301 is limited to an amount in controversy of $2,000 or less; § 11-4-304 preserves a route to proceed at law.
Statutes and sources
- Ark. Code § 11-4-405, 2019 Act 853 § 7 — https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2019R%2FPublic%2FACT853.pdf (accessed 2026-10-07)
- Ark. Code § 11-4-401(a), 2017 Act 475 § 1 — https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2017R%2FPublic%2FACT475.pdf (accessed 2026-10-07)
- Ark. Code § 11-4-402(b), Arkansas Department of Labor wage-statutes publication — https://www.labor.arkansas.gov/wp-content/uploads/2020/06/StatutesWageHour.pdf (accessed 2026-10-07)
- Ark. Code § 11-4-403(f), 2019 Act 853 § 6 — https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2019R%2FPublic%2FACT853.pdf (accessed 2026-10-07)
- Ark. Code § 11-4-301, 2009 Act 622 § 1 — https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2009%2FPublic%2F&file=622.pdf&ddBienniumSession=2009%2FR (accessed 2026-10-07)
- Ark. Code §§ 11-4-303, 11-4-304, 11-4-306, 2025 Act 737 §§ 48–50 — https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT737.pdf (accessed 2026-10-07)
Source links
Every statute quoted above, linked, with the date we checked it.
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