Unpaid Wages and Overtime Attorney
Unpaid Overtime Lawyer in Arizona
As a worker in Arizona, you deserve to be paid for all your hard work. State and federal laws set rules regarding the payment of workers. If you resigned or were terminated, your former employer is required to pay you everything you are owed. That includes wages, commissions, overtime, bonuses and other agreed-upon amounts. In some instances, you may also be owed for sick pay, paid time off, vacation pay and severance pay.
The unfortunate reality is that many employers in Arizona fail to pay employees everything they’re owed.
Victims of unpaid overtime, unpaid wages and minimum wage violations have legal rights. At the Matt Fendon Law Group, our Arizona unpaid overtime lawyers are committed to standing up for workers. We help people in wage and hour disputes understand what their rights are. We also help them pursue the remedies that are available under federal and state laws.
At Matt Fendon Law Group, we have the skills and knowledge to help unpaid workers. We can help you determine whether you have a viable claim. If you do, we are ready to apply our skills, experience, and vast resources to pursue compensation and justice on your behalf.
During your initial consultation, the employment lawyers at Matt Fendon Law Group will explore your legal options. Call now to schedule a consultation.
When Can You Sue for Unpaid Wages?
Wage and hour disputes occur regularly in workplaces across Arizona. Those disputes may involve unfair practices in the workplace such as these:
- Refusal to pay required overtime rates
- Withholding wages
- Failure to pay at least minimum wage
- Failure to follow employment contract terms
- Misclassification of employee’s legal status.
- Requests for workers to put in hours without pay
- Making employees “clock out” but continue working
- Nonpayment of commission upon termination
At Matt Fendon Law Group, our attorneys will analyze the circumstances of your case under state and federal employment laws.
- If your claim includes violations of the Fair Labor Standards Act (FLSA), you can file a Wage Claim with the U.S. Department of Labor’s Wage and Hour Division.
- If your amount claimed is $5,000 or less, you can file a Wage Claim form with the Industrial Commission of Arizona (ICA).
Filing a Wage Claim with the ICA requires:
- Filing a complete complaint form.
- Claiming an amount of $5,000 or less.
- Filing a claim within one year of your accrual date.
- Including documents that are relevant to your complaint.
- If claiming overtime hours, showing that your employer has a history of paying you overtime wages.
If your total unpaid wages exceed $5,000, you may file a claim with the U.S. Department of Labor Wage and Hour Division. You may also file a civil claim against your employer.
The key issue in unpaid wage cases is whether the employer acted in bad faith. If that is the case, the courts may award triple damages and attorney’s fee. Bad faith may exist if your employer can offer no good faith reason for failing to pay. To prove bad faith, we recommend e-mailing your employer or sending a letter that requests an explanation for the failure to pay.
Make sure you give your employer an opportunity to provide a written explanation. You need to know why your employer failed to pay you. Once the employer sends you an explanation, your Arizona unpaid wages lawyer can determine the reasonableness of that position. A former employer that ignores your email or letter may be acting in bad faith.
How an Arizona Unpaid Overtime Lawyer Can Help
An experienced Arizona unpaid overtime lawyer can help you:
- Find the most efficient way to receive unpaid wages.
- Collect your pay stubs and information about your employer.
- File a complaint with a state or federal agency.
- File a private lawsuit against an employer.
- Negotiate a settlement that pays you what you are owed and any wages that you were not paid properly.
Arizona Overtime Law
Arizona does not have state labor laws for overtime. Arizona instead follows federal labor laws from the FLSA.
Under those laws, employers must pay employees overtime pay for any hours worked beyond 40 in a workweek. The overtime rate is 1.5 times higher than regular wages. For example, if you make $15 an hour, you should be paid $22.50 an hour for overtime work.
As a general rule, hourly or salaried employees who earn under $455 per week and who work in a non-exempt industry are eligible for overtime pay.
The federal law’s remedies for overtime violations are used in Arizona. You might receive liquidated damages equal to the amount of unpaid overtime. This means you can receive two times the amount of unpaid overtime. You can also be awarded attorney’s fees.
Arizona Minimum Wage Law
Under the Fair Wages and Healthy Families Act, the Arizona minimum wage was increased to $10.50 per hour in 2018, $11.00 per hour in 2019, and $12.00 per hour in 2020. Beginning January 1, 2021, the minimum wage in Arizona will increase every year by the cost of living.
Under the Fair Wages and Healthy Families Act, employers must pay wages that are not less than the applicable minimum wage for each hour the employee works. The minimum wage has to be paid for all hours worked, regardless of whether the wage is paid on an hourly, salaried, commissioned, or other basis.
Talk to an Unpaid Wages Lawyer in Arizona Now
Unfortunately, not every employer in Arizona follows state and federal labor laws. Many employers pay their employees less than they deserve. No worker should have to deal with wage theft. You work hard for your wages, and you should receive what you are owed.
If your employer is not paying the wages or overtime pay you deserve, contact the experienced unpaid wages attorneys at Matt Fendon Law Group today. We are ready to bring a minimum wage lawsuit in Arizona. We know how to sue over unpaid wages. We’ve helped workers in Arizona pursue back wages by filing lawsuits on their behalf. Allow us to help you, too.
Call us now to schedule a confidential consultation.