Many Arizona employees work long hours to support their families, often beyond the traditional 40-hour workweek. Federal labor laws establish important protections for those workers, including the right to overtime pay.
However, Arizona does not have its own state overtime law. Instead, federal law governs overtime in Arizona.
Federal Law on Overtime
Unlike some states, Arizona does not have a separate overtime statute. Instead, overtime pay for Arizona workers is regulated under the Fair Labor Standards Act (FLSA), a federal law enforced by the U.S. Department of Labor.
Under the FLSA, most employees must be paid time and a half for all hours worked over 40 in a single workweek. For example, if your regular hourly rate is $20 and you work 50 hours in one week, you must be paid $20 per hour for the first 40 hours and $30 per hour for the 10 overtime hours.
Who Is Eligible for Overtime Pay?
Not every worker qualifies for overtime. The FLSA divides employees into two categories: non-exempt and exempt.
Non-exempt employees are covered by the FLSA’s overtime provisions. They include most hourly workers in industries like construction, hospitality, retail, healthcare, and manufacturing.
Exempt employees are not entitled to overtime pay. This category usually covers salaried workers in “white-collar” roles, such as executive, administrative, and professional positions.
To be considered exempt, employees must meet specific tests related to their job duties and be paid on a salary basis at or above a minimum threshold.
It’s important to note that job titles alone do not determine exemption. Employers sometimes misclassify workers as exempt to avoid paying overtime, but courts look at the actual duties performed.
How Is the Workweek Calculated?
Overtime eligibility is based on a workweek, which is a fixed and recurring period of 168 hours (seven consecutive 24-hour periods). Employers can set their own workweeks, but they must be consistent.
For example, if an employer defines its workweek as Sunday through Saturday, hours worked during that span count toward overtime. Employers cannot average hours over two or more weeks to avoid paying overtime.
Common Overtime Violations in Arizona
Overtime violations are common in Arizona workplaces. Classic examples include:
- Misclassification, i.e., labeling employees as exempt when they don’t meet the legal requirements.
- Off-the-clock work, such as asking employees to perform tasks before clocking in, after clocking out, or during unpaid breaks.
- Day rate or salary without overtime. Examples include paying a flat daily or weekly rate without additional pay for overtime hours worked.
- Improper deductions to an employee’s salary in ways that undermine their exempt status.
Employees who experience these practices may be owed significant back pay and, in some cases, additional damages.
What Should Employees Do if Overtime Pay Is Denied?
If you believe your employer is not paying you overtime as required by law, you have several options. You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division, which can investigate violations and recover unpaid wages on your behalf.
You also have the right to bring a private lawsuit against your employer for back pay, liquidated damages (often equal to the unpaid wages), and attorney’s fees. Importantly, the law protects employees from retaliation.
An employer cannot legally fire, demote, or discipline you for asserting your right to overtime pay.
An Employment Attorney Can Help
If you suspect your employer is not paying overtime correctly, you should seek advice from a Phoenix employment law attorney to protect your rights and pursue the wages you are owed. Call Houk Employment Attorneys today for a confidential consultation.
or 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
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
