Salary Transparency Laws in Arkansas: What Employers Must Disclose

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 206 et seq., establishes the federal minimum wage and overtime requirements but does not require employers to disclose salary ranges or maintain pay transparency. The FLSA applies to all employers engaged in interstate commerce with employees.

The National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq., Section 7, protects all private sector employees' right to discuss wages, hours, and working conditions with their coworkers. This protection applies regardless of union status. Employers cannot prohibit wage discussions, threaten employees for discussing pay, or retaliate against workers who disclose their salaries to colleagues. This is enforced by the National Labor Relations Board (NLRB).

Executive Order 14026, issued in 2021, requires federal contractors and subcontractors to include salary ranges in job postings for positions located in the United States. This applies to employers with federal contracts and is effective for most new job postings since 2023. The Department of Labor oversees compliance. For non-federal-contractor employers in the private sector, there is no federal mandate to disclose wage ranges to applicants or employees.

Arkansas has not enacted a state salary transparency law. The state legislature has not passed any statute requiring private employers to disclose wage ranges in job postings or to employees. Arkansas Code does not establish pay transparency requirements, wage range disclosure obligations, or mandatory pay equity audits for private employers.

Unlike states such as California (California Labor Code § 432.3), Colorado (Colorado Revised Statutes § 8-2-138), New York (New York Labor Law § 740), and Illinois (Illinois Compiled Statutes 820 ILCS 112), Arkansas provides no additional state-level salary transparency protection beyond federal law. This means that private employers in Arkansas operating outside the federal contractor framework have no state obligation to disclose salary ranges in job postings or to current employees.

Ark Arkansas employers are bound only by federal law: the NLRA Section 7 protection for wage discussions and the FLSA's minimum wage and overtime rules. Federal contractors operating in Arkansas must comply with Executive Order 14026 pay transparency requirements, but these are federal obligations, not state law. Employees in Arkansas have the same federal right to discuss wages with coworkers as those in other states, but no enhanced state protection or disclosure requirement exists. The state has not created a private right of action or state agency enforcement mechanism for salary transparency violations.

Salary transparency protections have significant exceptions and limitations in Arkansas. First, Arkansas employers are not required by state law to disclose wage ranges, so there is no state exception to a non-existent requirement. Second, the NLRA Section 7 protection for wage discussions applies only to non-supervisory employees and does not protect employees in the agricultural sector, domestic service, or certain government positions.

Third, executive and administrative employees may have reduced wage discussion protections under certain narrowly construed interpretations, though the NLRB has consistently protected most employee wage discussions. Fourth, federal contractor obligations under Executive Order 14026 apply only to employers with federal contracts; private employers without such contracts face no federal pay transparency mandate. Fifth, employers can legally maintain pay secrecy policies that do not prohibit or chill wage discussions—the key distinction is that employers cannot prohibit the discussion itself.

Sixth, state law provides no remedy if an employer violates an employee's right to discuss wages; enforcement occurs at the federal level through the NLRB. Seventh, employees in right-to-work states like Arkansas have the same wage discussion rights but no additional union-related pay equity protections. Finally, small employers in Arkansas are not exempt from NLRA Section 7 wage discussion protection, but the NLRB does not assert jurisdiction over employers with fewer than 500 employees in some contexts, creating a practical enforcement gap.

Step 1 — Document: Keep records of any instance where your employer prohibited, discouraged, or threatened you for discussing wages with coworkers. Write down dates, times, who was present, and exactly what was said. Save any written communications (emails, text messages, memos, employee handbook excerpts) that show the employer's wage secrecy policy or retaliation. Take screenshots. Keep copies of your own pay stubs and wage statements to support your claim of what you were paid. Document your job title, department, supervisor's name, and the names of coworkers who heard any threat or prohibition.

Step 2 — Internal Complaint Process: Review your employee handbook to see if there is a formal grievance or complaint procedure. If one exists, file a written complaint with Human Resources or your supervisor's supervisor, describing the wage discussion prohibition or retaliation and citing the date(s). Keep a copy for yourself and request written acknowledgment of receipt. This step is not required but creates an internal record and may prompt the employer to correct the policy. If the handbook claims to require pay secrecy, photograph or print that page. Do not delay this step; the sooner you report, the clearer your timeline.

Step 3 — File with the NLRB: Contact the National Labor Relations Board, which is the federal agency that enforces Section 7 wage discussion rights. Visit the NLRB website at www.nlrb.gov to locate your regional office (Arkansas is in the Region 26 office, based in Memphis, Tennessee, but check the website for your specific location). You can file an unfair labor practice charge online, by mail, or in person. The deadline to file is 180 days from the date of the violation. Your charge must describe the employer's name, address, and what happened (the wage discussion prohibition or retaliation), with dates. Include your contact information and the names of witnesses. Filing is free.

Step 4 — NLRB Investigation: After you file, the NLRB will assign an agent to investigate. You may be interviewed by phone or in person; the agent will also contact your employer and request documents such as the employee handbook, emails, and witness statements. This process typically takes 1 to 3 months. The NLRB agent will then issue a written report recommending whether to proceed. If they recommend proceeding, they may attempt to negotiate a settlement. If settlement fails, the case goes to an NLRB Administrative Law Judge for a hearing. You have the right to representation at all stages. The full litigation process can take 6 to 18 months.

Step 5 — Consult an Attorney: Contact a labor attorney licensed in Arkansas who specializes in employment law and NLRA claims. A free consultation is common. Consultation is especially important if retaliation occurred (demotion, reduced hours, termination, negative reviews after you discussed wages). An attorney can advise on whether you also have state law claims (such as wrongful termination) and can represent you before the NLRB. Some attorneys work on contingency (payment only if you win). Given that NLRA cases involve federal law and specific procedural rules, legal representation increases your likelihood of success.