Do you believe you have not been adequately paid for your hours worked? You may be able to make a wage and hour claim to recover your lost wages. Consider the right representation of a Phoenix wage and hour dispute lawyer at The Houk Employment Attorneys. Contact us today for a confidential case review at (480) 569-2377.
This firm was founded to help individuals and businesses in Phoenix, Arizona, with employment law-related matters. Our attorneys have over 45 years of combined experience and have recovered millions of dollars for our clients. We understand the complexities of these cases and how to win.
How Can Houk Employment Attorneys Help Me With a Wage and Hour Dispute?
Having a legal matter against your Phoenix, AZ employer can be intimidating. You may fear retaliation and feel the power balance is in favor of your employer. Having a skilled wage and hour dispute lawyer on your side can ensure you level the playing field and
When you hire the Houk Employment Attorneys, an employment attorney from our firm can:
- Discuss the situation with you to determine if you might have a viable claim
- Explain your legal rights, including your right to be safe from retaliation
- Help complete legal forms
- Handle communication with your employer and other parties
- Assemble documentation to prove your allegations
- Monitor case deadlines
- Negotiate for fair compensation
- Represent your interests at mediation, arbitration, or other legal proceedings
You do not need to go through the legal process alone. Contact our employment law firm today for legal advice and representation.
What Are Wage and Hour Disputes?
A wage and hour dispute arises when an employee believes they were not paid the correct amount for work they completed, based on their agreement with their employer. If an employee believes they were inadequately compensated for the work they performed, they have multiple legal options, including filing a formal legal complaint against their employer with the United States Department of Labor.
Common Causes of Wage and Hour Disputes
There are many types of wage and hour disputes. Houk Employment Attorneys can represent you in any case involving:
Unpaid Work
Federal law requires employers to pay employees for all of the work they complete. This includes payment for the time employees are required to be on the employer’s premises, on duty, or at a designated workplace, including for:
- Lectures, seminars, and training events employees are required to attend
- Work-related meetings
- Time “on-call”
- Travel required for work
Employees generally do not have the right to be paid for time to commute to and from work.
Minimum Wage Violations
The federal minimum wage is $7.25 per hour. However, Arizona’s minimum wage is nearly double this amount at $14.35 per hour.
However, there are some exceptions to the state law, including:
- Employees who work for their parent or sibling
- Babysitters who perform work at a private home on a casual basis
- State or federal employees
- Exempt small businesses that gross less than $500,000 annually
Employees who receive tips can be paid $3.00 less per hour if employers can document that their tips would put them at the minimum hourly wage.
Non-Payment of Overtime Pay
Non-exempt employees have the right to be paid time and a half for each hour of work they work beyond 40 hours in a workweek. Employees who do not receive overtime pay or who receive less than they are owed can make a formal complaint to pursue these lost wages.
One way that businesses try to avoid paying overtime pay is by misclassifying employees. For example, they may call them exempt salaried employees who do not have the right to overtime pay.
The Federal Labor and Standards Act does not require employers to pay overtime to exempt employees, who are bona fide executive, administrative, professional, computer, or outside sales workers. Under these guidelines, these employees are considered exempt when they are paid a salary that cannot be reduced due to the quality or quantity of their work, earn less than the minimum salary requirement, and primarily perform executive, administrative, or professional duties. The Department of Labor has a duties test to determine which employees are exempt from FLSA requirements. Highly compensated employees are also not paid overtime.
Some employers may try to lump all workers who perform some of these jobs in this category to get out of paying overtime and avoid other FLSA requirements. However, an employee’s job title or description is not sufficient to prove exemption. The employee must meet all of the requirements to be considered exempt.
Another way employers try to avoid FLSA requirements is by calling them independent contractors rather than employees. The IRS uses a control test to determine whether this classification is appropriate.
Paid Sick Pay Violations
If employers provide paid sick pay, employees have the right to use it. They must be paid for this time and be free of retaliation for using this time.
Unpaid Breaks or Meals
If employers provide free breaks or meals, they must pay employees when they take them. If a meal break is unpaid but an employee is required to complete work during it, such as answering the business’s phone or greeting customers, they must be paid for it.
What Damages Can I Request in a Wage and Hour Claim?
State and federal laws provide employees with the right to recover the following types of damages in these types of legal disputes:
- Back pay – Employees who have not been compensated properly have the right to be paid for their regular hours, overtime, bonuses, commissions, and other forms of compensation afforded to them per state law or their employment contract.
- Treble damages – Arizona law establishes a penalty for employers who cheat employees out of hours they honestly worked. It allows employees to recover damages equal to three times the amount of their unpaid wages.
- Attorney’s fees and legal costs – You can also seek recovery of reasonable attorney’s fees and other legal costs associated with pursuing your claim.
An experienced wage and hour dispute attorney can review your case to determine the damages available for your claim.
What Is My Wage and Hour Claim Worth?
Every wage claim is different. The specifics of your situation determine the amount of damages you can recover. Some of the questions we ask to determine your case value include:
- What type of wage violation did your employer commit?
- How many violations were there?
- What was the timeframe involved in the violations?
- What is your regular rate of pay?
An experienced lawyer can review your case and explain the compensation you may be due.
What Should I Do If I Was Not Paid Properly?
If you suspect you were not paid properly or were underpaid, follow these steps to protect your rights:
- Notify your employer – Give your employer the opportunity to make things right by informing them of the disparity in your expected pay and your actual pay. A simple payroll mistake could explain the issue, and you may be able to avoid a legal dispute.
- Keep good records – To make a solid wage and hour claim, you will need to be able to prove the hours you actually worked. Keep a written log of your hours, if possible. Keep your pay stubs and communications related to your unpaid wages.
- Hire a knowledgeable lawyer – You have a limited amount of time to assert your rights, so taking prompt legal action is essential to protecting your rights. An employment lawyer can explain your rights and your legal options.
- Consider alternative dispute resolution – You may be able to avoid a trial and its related time and expense by pursuing other options, such as mediation or arbitration. Your lawyer can discuss these options with you, along with their pros and cons.
Our attorneys can help you navigate this process, guiding you with compassion and the dedication to set things right.
What Is the Deadline to File a Wage and Hour Dispute Lawsuit in Arizona?
Each state has different deadlines to file wage and hour disputes, as well as other types of legal actions. In Arizona, the deadline is short. It is only one year from the date of the suspected violation. If you miss this deadline and have not filed your case, your employer can move to dismiss any future case you file. Protect your rights by reaching out to an experienced lawyer today.
Contact Our Phoenix Wage and Hour Dispute Lawyers for a Confidential Consultation
With over 45 years of legal experience, you can trust that the attorney from Houk Employment Attorneys can capably guide you through every phase of the process. We want to help you recover the wages you deserve and prevent your employer from taking similar actions in the future.
We offer you the opportunity to schedule a confidential consultation with an experienced Phoenix wage and hour dispute lawyer from our firm. We can discuss your case and how we can help. Contact us today to get started.
Visit Our Employment Law Office Located in Phoenix, AZ
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
