Going to work each day, performing your duties, and advancing the interests of your organization require commitment and dedication. Each day you go to work, you put the needs of your employer at or near the top of your priority list. It is unfair, then, when your employer does not follow through with its legal obligations to pay you for the services you have provided.
Wage and hour disputes occur frequently in the workplace and can involve a wide range of scenarios, including:
- Refusal to pay overtime rates as required by law
- Failure to pay at least minimum wage
- Withholding of wages
- Nonpayment of commission upon termination
- Breach of contract
- Misclassification of employee’s legal status (for example, exempt vs. nonexempt)
- Requests for an employee to work hours without pay
Luckily, our wage and hour lawyers are here to help.
Statute of Limitations for Wage & Hour Disputes in Arizona
In Arizona, wage and hour disputes subject to a statute of limitations. This means that workers must file their claims within a certain timeframe in order to receive any form of compensation their employers. The time limit for filing a wage and hour dispute in Arizona is 1 year from the time the violation occurred. There are also specific statutes of limitations for certain areas, such as discrimination claims and OSHA complaints.
Additionally, it is important to understand that filing a with the appropriate agency does not necessarily begin the clock on the statute of limitations. The agency must review and approve the claim before it can move forward, so workers should be aware of how long the claims process takes and factor this into their timeline.
You are welcome to call us at 602-833-0220 if you would like to discuss your questions and concerns regarding claims involving unpaid wages.
Every day we dedicate our time and energy championing the rights of employees who have been treated unfairly by businesses of all sizes who fail to pay employees all the wages they are owed. We have fought – and won – cases on behalf of employees to recover unpaid wages against companies of all sizes, from publicly traded companies to local businesses fleecing their employees. We’re here to fight for your hard-earned wages when you need them.
Drawing on their passion for employee rights and their extensive experience working for a nationally renowned class action law firm, members of the wage and hour practice focus on representing employees against businesses of all sizes to protect your important right to be paid all the wages you are owed.
We are proud to have represented workers in litigation to recover unpaid wages by challenging corporate practices violating federal and state wage and hour laws. Our experience includes litigation representing:
- Workers in numerous industries required to perform work duties off the clock, including loading systems, gathering equipment, conducting reports, or working through an unpaid lunch
- Workers misclassified as independent contractors, independent operators, or independent franchisees who should be receiving benefits as employees, plus minimum wage and overtime because their work is dependent on and controlled by the company they work for
- Workers misclassified as salaried exempt when they should be entitled to overtime because the duties they perform are routine as opposed to managerial in nature
- Sales employees whose bonuses and incentive pay should be calculated into their overtime rate
- Call center sales employees who spend greater than ten minutes per day loading their systems before they are clocked in
- Employees required to perform work duties off-the-clock before, during, and after their scheduled shifts
- Employees required to put on and take off personal protective equipment necessary to perform their job without compensation for that time
- Workers required to remain on-call and engaged to wait during downtime that they are not paid for
- Laborers not paid for drive time after picking up equipment at headquarters and then driving to job sites throughout the day
- Workers who have training costs deducted from their paychecks causing their wages to fall below the minimum wage
- Legal assistants and paralegals not paid overtime at time and half their regular rate for hours over forty in a workweek
You deserve full compensation for every hour of work your employer is legally obligated to pay you for. If you suspect your employer owes you unpaid wages, call Yen Pilch Robaina & Kresin PLC for answers. Our Phoenix employee rights attorneys are experienced in fighting employer wage and hour abuse and can help achieve full payment for the hard work you have provided. Contact a lawyer today at (602) 833-0220.
What Are Some Questions and Answers About Wage Theft?
(Q) If I believe I haven’t been paid properly – whether for unpaid overtime, minimum wage, or sick time – how can I enforce my rights?
(A) You work hard for your wages and should be paid all that you’re entitled to. Depending on the amount and type of your claim, you could file a claim with the Arizona Industrial Commission or the Department of Labor. However, we believe the best way to recover the maximum amount you are entitled to is typically by contacting an attorney and discussing your situation with them. If you like us, we’d be happy to discuss your potential claims with you.
(Q) How can I afford to bring a lawsuit?
(A) Our firm takes some unpaid wage cases on behalf of employees on a contingency fee basis, meaning that there is no out-of-pocket expense to you. In fact, under federal law regarding unpaid overtime and the minimum wage and state law regarding paid sick time, an employer in violation of the law must pay for your attorneys’ fees if you prevail in your case including through a settlement.
(Q) Do I have to be a current employee to bring a lawsuit for unpaid wages?
(A) No. An employee can seek recovery against a former employer who owes you overtime or the minimum wage under federal law for wage violations within two years of filing the lawsuit or three years if the violation is willful. An employee pursuing unpaid wages under Arizona law has to bring a lawsuit within one year. An employee pursuing unpaid sick time under Arizona law has to bring a lawsuit within two years or three years if the violation was willful.
(Q) What do I get if I win my lawsuit?
(A) While no attorney can guarantee a result, we can tell you what the law typically requires. In many instances, an employee who is successful in obtaining unpaid overtime or minimum wage under federal law is entitled to liquidated damages, which is double the amount of the unpaid wages owed. An employee in Arizona who is owed back wages under Arizona law may be entitled to treble damages, which is three times the amount owed.
(Q) Do I need documents showing the amount of time I worked?
(A) No. Federal law requires employers to keep accurate records of all the time you worked. If you worked time off the clock or your employer’s records are inaccurate, your own estimate about the amount of time you worked during a typical week should be sufficient evidence to support your case.
(Q) Can my employer terminate me for filing a complaint about unpaid overtime, minimum wage, or paid sick time?
(A) It is against the law for your employer to retaliate against you for exercising your right to be paid overtime, minimum wage, and Paid Sick Time.
Numerous laws protect your right to compensation for the work you have performed. The Fair Labor Standards Act (FLSA) and other fair labor laws establish a minimum wage, overtime pay, and other standards affecting full-time and part-time workers in all areas of employment. Arizona employers are prohibited by law from withholding wages from active employees, fired employees, and employees who have left voluntarily. If wages are illegally withheld, employers may be liable for three times the amount of the unpaid wages (treble damages).
A Phoenix employment lawyer has represented numerous Arizona employees in wage and hour disputes. Many nurses and other employees are entitled to overtime pay. We can examine the facts of your wage and hour claim, determine whether you are owed compensation for work performed, and provide aggressive representation.
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Many employees may not even realize it, but your employer has strict requirements to pay you all the wages you are due. This can include overtime, straight time, the minimum wage, and paid sick time.
Most workers are entitled to overtime. This often includes employees who think they are not entitled to overtime, simply because your employer does not pay you on an hourly basis or claims that you work in a job category that does not qualify for overtime. However, most workers in the United States are entitled to overtime and should be paid time and a half their regular rate of pay for any time worked longer than 40 hours in a workweek.
Workers in Arizona must at least be paid the minimum wage. Many employers make it seem like they are paying the minimum wage because the rate will show up on your paycheck. However, if you’re working for the minimum wage and are required to work unrecorded time off the clock, your wages likely fall below the minimum wage requirement. This is just one example of many demonstrating how employers frequently fail to pay their employees all the wages they are due.
PAID SICK TIME IN ARIZONA
Arizona law requires that all employees, regardless of the size of the employer, be provided paid sick time. This means that no matter where you work or how you are paid, you should be accumulating paid sick time immediately when you start your job. This information should be provided with your pay statements and other postings at work, meaning that your employer should be clearly communicating to you how much sick time you have available to use.
If your employer has failed to provide you paid sick time or even notice that you are entitled to paid sick time, there are strict statutory penalties that your employer could owe you in addition to the damages you suffered for not getting to take sick time for a qualifying reason. It is also illegal for your employer to retaliate against you for raising concerns you may have about your employer’s handling of paid sick time.
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