The most common overtime violation in Arizona and across the nation is an employer failing to pay an employee for the hours worked beyond a standard work week. In Arizona, any hours worked past the standard 40-hour week are regarded as overtime. Overtime requires that your employer pay you one and a half times your regular pay. This is in line with the federal law called the Fair Labor Standards Act (FLSA) of 1938. Employers who violate this law can be sued by employees.
At Yen Pilch Robaina & Kresin PLC, our employment law attorneys understand the laws that apply to overtime and can represent you in disputes with your employer over violations. Our team can put 30 years of experience into your case, including both arbitration and trial experience. As one of Arizona’s premiere employment law firms, we have a proven track record of success in assisting workers throughout Phoenix, Scottsdale, Mesa, and Tucson in all employment law issues and disputes, whether they involve federal or other government employees or well as employees of private companies.
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Because Arizona does not have a specific law on the books regarding overtime violations, the FLSA kicks in to protect you from these types of abuses by employers. The FLSA is a law that protects employees against various unfair pay practices.
Workers who earn at the least minimum wage qualify for overtime pay. These are workers who are generally managed by supervisors and do not make management decisions, such as construction workers, retail workers, office workers, factory workers, and more. They are considered non-exempt employees. A non-exempt employee who works 50 hours a week rather than 40 qualifies for overtime pay at 1.5 times his or her regular wage for the extra 10 hours in that week.
Certain employees are exempt from overtime violations, meaning they cannot file claims against their employers for working more than a standard 40-hour week. These employees are exempt from both minimum wage and overtime pay regulations. They generally are paid on a salaried basis. These employees include those who work as executives, administrators, professionals, in computer-related positions, or as outside sales personnel. Other exempt employees fall under the categories of independent contractors, farm workers, taxi drivers, commissioned salespeople, and more.
If you are uncertain about your status as exempt or nonexempt, your human resources representative or your supervisor can clarify. If you believe you have been misclassified, it is important to talk to one of our attorneys about your situation.
Put a Seasoned Trial Lawyer On Your Side
Filing a claim against your employer for overtime violations or any other employment law violation can be a daunting task. You will need to back up your claim with documented evidence and present your claim in court. At YPRK, our employment lawyers have been fighting for the rights of employees in Arizona for decades. You can put the legal burden on our shoulders. As experienced professionals, we know how to build well-prepared cases in seeking the justice you deserve in the workplace.
If you file a claim against your employer who has failed to pay you for overtime according to the law, you may receive liquidated damages which can equal two times the amount of overtime pay you were denied.
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