When an employer refuses to pay overtime that is rightfully earned, it is referred to as wage theft. Some employees may be unaware that they are being taken advantage of and may miss out on their earned wages. Some of the most common industries where denial of overtime takes place include:

  • Health Care
  • Call Centers
  • Food Industry
  • Technical Support
  • Financial Services
  • Delivery Drivers

If you have been the victim of a company that refuses to pay you your earned overtime, then our Mesa employment lawyers can help. Our Mesa Employment Lawyer law team will work with you to determine the best course of action based on the unique circumstances of your case.

What To Do If You Are Denied Overtime Pay

If you discover that you were not paid for overtime performed, you’ll first want to go to your employer to ensure that it was not a mistake. If possible, have documentation ready to prove your case. If your employer refuses to pay the overtime earned, contact the state labor board to find out the administrative procedure for filing a complaint. Of course, you do not need to file a complaint with your state agency to file a lawsuit against your employer. With help from a competent Mesa employment lawyer, you can pursue your case in court and recover the compensation that you are entitled to.

Employees Exempt from Overtime Pay in Arizona

Some workers may be exempt from overtime pay in the state of Arizona. This typically includes workers classified as white-collar workers, such as administrators, professionals, and executives. Other types of employees not eligible for overtime pay include:

  • Volunteer employees
  • Independent contractors
  • Criminal investigators and detectives
  • Certain salary-paid employees
  • Babysitters and paid companions
  • Certain other niches (e.g., newspaper deliverers, fishermen, etc.)

What Constitutes Overtime in Arizona?

The Fair Labor Standards Act (FLSA) defines overtime as employees who work over 40 hours each work. Employees who work overtime are entitled to 150 percent of their hourly wages. The concept of overtime was instituted in the 1930s to prevent employers from having employees work too many hours. It was also created to encourage employers to hire more employees and reduce the unemployment problem in the U.S.

How Some Employers Fail to Pay Overtime

Some employers tend to find loopholes to avoid having to pay their employees overtime. An employer may misclassify an employee to prevent paying out these additional earnings. For example, an employer may classify an employee as a “manager” even though their work duties are no different than other workers who are not managers.

Another way that employers fail to pay overtime is by not counting all work hours. Some employers may ask employees to work “off the clock” before or after normal work hours. Employees may be asked to work through their lunch break or rest periods. They may even require employees to perform work duties at home for no extra pay.

Calculating work hours incorrectly is another way that some employers get away with not paying employees overtime. An employer may fail to accurately count all wages and commissions that apply to the employee, as well as performance bonuses. These are violations of the Fair Labor Standards Act.

Call our Employment Law Team Today

In Arizona, there are no laws that specifically regulate overtime. Instead, employers must follow federal laws that require them to pay overtime to any employee that works more than 40 hours in a week. If your employer has not paid you the overtime that you worked hard for, you may have a case. Call our office today at 480-613-7917 or complete our online form to schedule your free case review.

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