Overtime Laws

Overtime is a fact of life for many Arizona employees. But that doesn’t mean you have to do all that extra work without being compensated. If your company refuses to pay you the appropriate rate for overtime hours, you may want to contact a Phoenix labor and employment attorney to represent your rights. Our attorneys have the knowledge and experience needed to prevent wage theft and ensure you receive the money you’re owed. Keep reading to learn more about overtime law and discover what the team at Phoenix Employment Law can do for you.

Understanding Wage Theft

Created in the 1930s, the Fair Labor Standards Act (FLSA) lays out standards surrounding worker salaries and overtime wages. According to the FLSA, employees are entitled to 1.5 times their hourly wage if they work more than 40 hours in a given week. Companies who force employees to work more than 40 hours without compensating them appropriately may be guilty of wage theft.

A general term for denying employees their salary or benefits, wage theft is all too common in the United States. While any company can commit wage theft, neglecting to pay overtime is especially common among employers in the fields of healthcare, food services, tech support, financial services, and delivery driving. In many cases, workers don’t realize that they’re entitled to overtime pay. If you think your company may be taking advantage of you or committing wage theft, don’t hesitate to contact an employment attorney for a consultation. 

Do You Qualify for Overtime Pay?

Not all workers qualify for 150 percent overtime pay under the Fair Labor Standards Act. In the state of Arizona, certain white collar workers such as executives and administrators are generally exempt from overtime laws. Additionally, the following types of employees are not eligible to earn overtime pay:

  • Independent contractors
  • Volunteer workers
  • Detectives and criminal investigators
  • Babysitters and companions
  • Farm workers and fishermen
  • Some salaried employees

A knowledgeable labor and employment attorney can let you know whether your job category qualifies you for overtime and help ensure you get the compensation that’s due you.

Steps to Take if You’ve Been Denied Overtime Pay

If you believe you’ve been denied overtime pay, the first step is to state your case to your employer. Let your company know why you believe you are entitled to overtime pay, showing documentation if possible. Doing this gives your employer the chance to rectify the situation quickly without getting the courts involved.

If your company refuses to pay you overtime or ignores your request, the next step is typically to contact your state’s labor board and let them know you’re filing a complaint. The labor department can supply you with the necessary forms and provide information about time limits for making a claim.

If you’d rather not file your complaint with the state of Arizona, you can instead opt to go directly to a labor and employment attorney. Along with evaluating whether or not your case is viable, an experienced attorney can help you calculate what you’re owed, gather evidence, and sue for unpaid wages and other fees. Depending on the specifics of the case, an employer may be required to pay the worker double the amount of unpaid overtime along with mandatory attorney fees.

Why You Need an Employment Lawyer in Phoenix

Overtime cases can be complex. Not only do you need to understand the specific stipulations of federal overtime regulations, but you may also have to know the details of Arizona minimum wage laws. One of the best reasons to hire an employment attorney is to ensure you won’t lose your case based on a technicality.

Additionally, a skilled labor lawyer can help you gather the evidence needed to win your case. Along with researching your company, we’ll conduct interviews with managers and staff. In some cases, companies avoid paying overtime by classifying employees incorrectly. For example, the employer might list someone as a white-collar employee even though their position doesn’t meet the requirements by necessitating discretion or independent judgement. In other cases, companies may use employee performance or productivity to get out of paying what’s owed. Your attorney will gather crucial documentation, such as pay stubs and employment records, to prove your employer is failing to compensate you appropriately. 

Trust Our Employment Lawyers to Handle Your Case

Just because Arizona is at at-will employment state doesn’t mean companies can fire workers for any reason they choose. If you lost your job or suffered retaliation due to unpaid overtime or another issue, don’t hesitate to contact a Phoenix labor and employment lawyer. With years of experience, we have the knowledge and skill to help workers evaluate claims and build successful overtime cases. For more on what we do, call today or contact our firm online.