Employees are entitled to fair pay for the work they perform. Accordingly, federal and state labor laws establish rules about minimum wage, overtime, holiday pay, and meal and rest periods. However, some employers still violate wage and hour rules and underpay workers for the time they have worked.
This blog explores the most common wage and hour violations and how you can protect your rights in Arizona.
Unpaid Overtime
One of the most common wage violations involves unpaid overtime. Under the Fair Labor Standards Act (FLSA), most non-exempt employees must receive overtime pay when they work more than 40 hours in a workweek. Overtime pay is typically calculated at one and one-half times the employee’s regular rate of pay.
Some employers attempt to avoid paying overtime by requiring employees to work extra hours without compensation or by paying a regular hourly rate instead of the required overtime rate. In other cases, employers may incorrectly classify workers as exempt from overtime rules.
Employee Misclassification
Another frequent issue is employee misclassification. Some employers classify workers as independent contractors rather than employees. Independent contractors are generally not entitled to the same employment protections as employed workers.
For example, employees generally must receive minimum wage and overtime pay, whereas independent contractors are usually paid per project and are not entitled to either.
In Arizona, misclassification can occur when a company treats workers like employees. This occurs when employers control the workers’ schedules, assign them tasks, and require them to follow company policies, all while still labeling them as contractors to avoid payroll taxes and wage obligations.
When workers are misclassified, they may lose access to important benefits and protections under labor laws.
Minimum Wage Violations
Federal law sets a minimum hourly wage that employers must pay most workers. Many states and local governments also establish higher minimum wages.
Minimum wage violations occur when employers pay workers less than the legally required rate. This can happen in several ways, such as improperly deducting work-related expenses, requiring unpaid work before or after shifts, or failing to pay employees for all hours worked.
Employees should carefully review their pay stubs and records to ensure they are receiving the correct wage for each hour worked.
Off-The-Clock Work
Off-the-clock work occurs when employees perform job duties without being compensated for their time, usually before clocking in, during meal/rest breaks, or after the completion of a shift. Even small amounts of unpaid work can add up over time. Employers generally must pay employees for all time spent performing job-related tasks, regardless of when the work occurs.
If an employer requires or allows off-the-clock work, they may be responsible for paying the employee for that time.
Protecting Your Rights as an Employee
Workers who believe they have experienced a wage and hour violation can take several steps to protect their rights, including:
- Keeping records of hours worked, including start and end times, breaks, and overtime hours.
- Maintaining copies of pay stubs, schedules, and employment agreements as evidence.
- Discussing the issue with your employer or the human resources department to determine whether the issues amount to payroll mistakes that can be corrected.
- If the issue is not resolved, you may file a complaint with the Arizona Human Rights Division or the Equal Employment Opportunity Commission, depending on the circumstances.
- Contacting an employment law attorney for help evaluating your legal options.
Employees who suspect wage and hour violations should take proactive steps to protect their rights and preserve important evidence.
Contact Houk Employment Attorneys To Schedule a Consultation With a Phoenix Employment Lawyer
If your employer is refusing to pay wages you’ve earned in Arizona, you may be able to recover unpaid wages, overtime compensation, and additional damages under wage and hour laws. An experienced Phoenix employment law attorney can help you pursue your claim through state or federal agencies — or in court.
Contact Houk Employment Attorneys to schedule a confidential consultation with a Phoenix employment attorney to learn more about your rights and options under wage and hour laws.
For more information, please contact the experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today.
Our employment law firm is conveniently located near you, with an office in Phoenix, AZ.
Houk Employment Attorneys
631 N 1st Ave Suite 101, Phoenix, AZ 85003
(480) 569-2377
