Arizona Overtime Laws

Many Arizonans rely on overtime pay for financial security. But employers sometimes deny these workers the compensation they legally deserve. While many employers do make honest mistakes, others deliberately try to cheat workers out of money they rightfully earned. The Economic Policy Institute reports that U.S. workers may lose as much as $50 billion annually to employer wage theft.

If you believe your employer is withholding overtime compensation from you, the Arizona overtime lawyers at Matt Fendon Law Group can help you recover it. Since 2008, our employment attorneys have helped workers in Phoenix, Prescott Valley, Scottsdale, Flagstaff, and Tucson obtain fair compensation from their employers. We are committed to providing solid legal representation that demands and delivers results for you. Contact us today for a confidential consultation with an Arizona overtime lawyer.

Overtime Regulations

Arizona follows the overtime pay rules set by the federal Fair Labor Standards Act (FLSA). The FLSA says non-exempt employees who work over 40 hours per workweek must be paid at a rate that is 1.5 times their standard pay rate, or “time-and-a-half.” For example, if you make $15 per hour, you should be paid $22.50 for every hour of overtime you work. While certain types of employees are ineligible for overtime pay, you are not automatically exempt just because you are a salaried employee or have a particular job title.

Exemptions from Overtime Pay

The FLSA says most employees are eligible for overtime unless they meet specific exemption requirements. Types of workers who are exempt from FLSA overtime rules include:

• Administrative workers and office managers who do not perform manual labor
• Certain company executives
• Certain “learned professionals” who have advanced knowledge in their fields, like doctors and lawyers
• Certain “creative professionals,” such as musicians and artists
• Highly compensated workers who primarily handle executive duties
• Some computer/technology professionals
• Outside sales workers

The exemptions do not apply to manual laborers, blue-collar workers, police officers, firefighters, paramedics, and other first responders.

What Types of Overtime Compensation Can I Receive?

The FLSA states that employers must pay non-exempt, hourly employees overtime at a rate of 1.5 times their standard hourly wage. Overtime rules can be somewhat different for salaried employees, especially regarding bonuses and other incentives, but generally, the same standards apply.

Sometimes employers will offer comp time to workers who are not paid weekly. This is when an employee is given extra time off after working more than 40 hours a week, so their weekly average of hours worked stays at 40. Unless you work for a government agency, comp time is generally illegal.

How to Prove Unpaid Overtime

Proving you were wrongfully denied overtime pay can be difficult. Employers may use tricks to skirt overtime laws. For example, an employer may intentionally misclassify an employee as exempt from overtime pay or tell them they need overtime approval before getting paid. Neither practice is allowed.

A combination of evidence can support your Arizona overtime claim, including:

• Employment records
• Pay stubs
• Witness testimony
• Coworker testimony, if they were also denied overtime
• Security camera footage
• Time clocks
• Computer login/logout data

At Matt Fendon Law Group, our unpaid overtime lawyers can collect the evidence you need to build a strong case for compensation. Employers are not always willing to hand over records, especially if they have been falsified. Our attorneys can enforce the law to get the proof necessary to substantiate your claim.

Common Grounds for an Overtime Lawsuit in Arizona

As an Arizona employee, you might have grounds for an overtime lawsuit against your employer if:

• Your employer misclassified you as an independent contractor to deny your overtime.
• Your employer did not count all of the hours you worked.
• Your employer denied you overtime pay because you are salaried, even if you do not meet the standards to be exempt from overtime.
• Your employer had you perform the duties of both exempt and non-exempt workers.
• Your employer offered you comp time instead of overtime pay.

Arizona overtime laws are technical and challenging to understand. A licensed attorney can make sense of your case after reviewing the facts and then explain your legal options.

Frequently Asked Questions About Overtime in Arizona

Here are answers to a few of the most common questions we receive about Arizona overtime laws.

Does it matter that I did not obtain my employer’s authorization or prior approval to work overtime?

In general, you are eligible for overtime pay regardless of whether you have prior approval from your employer. Talk to an attorney if you have questions about this specific issue.

What is considered overtime in the state of Arizona?

All Arizona workers who are not exempt from FLSA overtime regulations are eligible for overtime pay after working more than 40 hours in a calendar week. Overtime pay is set at 1.5 times the employee’s standard hourly rate.

If I work weekends or holidays in Arizona, will I receive overtime?

In general, employees are not eligible for overtime pay for working on weekends or holidays. However, if you are a non-exempt employee and working over the weekend or during a holiday puts you at more than 40 hours in a given calendar week, you are likely eligible for overtime pay.

When does an employee have to file a lawsuit for their overtime pay rights in Arizona?

Before filing a lawsuit, you must submit a complaint to the Industrial Commission of Arizona (for claims of less than $5,000) or the U.S. Department of Labor’s Wage and Hour Division (for claims of $5,000 or more). If these agencies investigate your complaint and decide your employer has not violated your rights, you should speak to an experienced overtime attorney about whether filing a suit is appropriate.

Keep in mind there are deadlines to file for unpaid overtime. You have one year from the date of the violation to file a claim with the Industrial Commission. If filing with the Department of Labor, you generally have two years from the date of the violation (or three years if the evidence shows your employer intentionally withheld your wages).

Obtaining Help From an Arizona Overtime Lawyer

Overtime disputes can be uncomfortable, but you have rights. If your employer denies your overtime request, a skilled attorney with Matt Fendon Law Group can help determine your next steps. Our Arizona unpaid overtime lawyers can try to resolve the issue with your employer directly or help you submit a formal complaint to the appropriate federal and state agencies. If your complaint is denied, we’ll discuss your options for filing an overtime lawsuit in civil court.

When you need solid legal help you can count on, reach out to Matt Fendon Law Group. Call or contact us now for an initial consultation.