§ 11-4-209 - Director of the Department of Labor -- Powers and duties.
11-4-209. Director of the Department of Labor -- Powers and duties.
(a) For any occupation, the Director of the Department of Labor shall make and revise such administrative regulations, including definitions of terms, as he or she may deem appropriate to carry out the purposes of this subchapter or necessary to prevent the circumvention or evasion thereof and to safeguard the minimum wage rates established.
(b) The regulations may include, but are not limited to, regulations governing:
(1) Outside or commission salespersons;
(2) Learners and apprentices, their number, proportion, and length of service;
(3) Part-time pay, bonuses, and fringe benefits;
(4) Special pay for special or extra work;
(5) Permitted charges to employees or allowances for board, lodging, apparel, or other facilities or services customarily furnished by employers to employees;
(6) Allowances for gratuities; and
(7) Allowances for other special conditions or circumstances which may be usual in a particular employer-employee relationship.
(c) Regulations shall be promulgated pursuant to the Arkansas Administrative Procedure Act, 25-15-201 et seq.
(d) The director or his or her authorized representatives shall:
(1) Have authority to enter and inspect the place of business or employment of any employer in the state for the purpose of:
(A) Examining and inspecting any or all books, registers, payrolls, and other records of any employer that in any way relate to or have a bearing upon the question of wages, hours, and other conditions of employment of any employees;
(B) Copy any or all of the books, registers, payrolls, and other records as he or she may deem necessary or appropriate; and
(C) Question employees for the purpose of ascertaining whether the provisions of this subchapter and regulations issued under this subchapter have been and are being complied with;
(2) Have authority to require from the employer full and correct statements in writing, including sworn statements, with respect to wages, hours, names, addresses, and such information pertaining to his or her employees as the director or his or her authorized representative may deem necessary or appropriate;
(3) Publish all regulations promulgated pursuant to this subchapter; and
(4) Otherwise implement and enforce the provisions of this subchapter and the regulations issued under this subchapter.