| Although federal and Arizona State law provide | | | | Some employers offer such compensation, but it |
| few guarantees of continued employment, | | | | is not required. Depending on how an employee's |
| employees are absolutely entitled to be | | | | schedule is determined, there are also situations |
| appropriately compensated for the time they do | | | | where the overtime pay may legally be calculated |
| work. Depending on how an employee is classified | | | | at a lesser rate. |
| and/or the type of work actually performed by | | | | At the end of the day, the important |
| an employee, Arizona workers may be entitled to | | | | determination to be made as to whether a claim |
| receive overtime wages for work in excess of | | | | may exist for unpaid overtime is whether the |
| 40 hours per workweek. | | | | employee's job is properly classified as an exempt |
| Arizona's employment law statutes do not include | | | | position. A job properly classified as exempt is |
| separate treatment of the right to overtime | | | | one that is not entitled to overtime compensation. |
| wages, so the threshold issue of when overtime | | | | Such employees receive a fixed salary regardless |
| must be paid is governed by federal law. The | | | | of the number of hours actually worked. |
| Federal Fair Labor Standards Act ("FLSA") | | | | Determining whether a job is exempt or |
| mandates that employers pay all employees | | | | non-exempt requires a careful and detailed |
| overtime wages for work in excess of 40 hours | | | | analysis of the job duties and pay structure. |
| in a given workweek unless a specific exemption | | | | In the event a viable claim for overtime pay |
| applies. Overtime wages, in most situations, are | | | | exists, Arizona statutes governing the timely |
| calculated at one and one-half times the | | | | payment of wages may operate to provide |
| employee's regular pay rate. | | | | additional compensation as a penalty for the |
| Employees should understand that neither Arizona | | | | employer's failure to pay in a timely manner. The |
| law nor the FLSA limit the number of hours per | | | | FLSA also includes penalty provisions as well as |
| day or per week that an employee who is 16 | | | | providing for the recovery of attorneys' fees in |
| years old or older can be required to work. There | | | | the event of a successful claim. |
| are, of course, regulations that apply to certain | | | | Because claims must usually be brought quickly in |
| industries that do include such limitations. | | | | order to ensure an employee received all the |
| Other than the requirement to pay overtime as | | | | back overtime pay to which he or she may be |
| addressed above, there is no entitlement to | | | | entitled, its a good idea to consult with an |
| overtime or double time for working nights, | | | | experienced Arizona employment lawyer as soon |
| weekends, or holidays, pursuant to the FLSA. | | | | as a problem is suspected. |