When is an Employer Required to Pay Overtime Pay?

An Arizona employer who requires or permits itsthat the general rules governing overtime
employees to work overtime is usually requiredcompensation may not apply if the employee is
to pay such employees premium pay for suchsubject to certain specified exceptions to the
overtime work. Most employees in Arizona areovertime laws. Employees may be deemed
covered by the Fair Labor Standards Act (FLSA),exempt from the overtime laws if their job duties
which mandates that employees receive overtimemeet the exemption standards.
pay for all hours worked in excess of 40 in theFailing to pay Arizona employees overtime pay
course of a single workweek. This overtime paywhen required may result in a judgment against
must equal at least one and one-half times thethe employer for all overtime wages owed to the
employee's regular rate of pay. The FLSA,employee for the past three years, plus an equal
however, does not require overtime pay foramount as a penalty, in addition to attorneys' fees
employees who work on weekends, holidays, orand costs. The burden is always on the employer
any other particular day, unless overtime hoursto prove that an exemption to the overtime
are worked on such days.regulations apply.
Although many employers choose to compensateBecause the interpretation of the the overtime
employees who work at certain times, extra payexemption statutes can be difficult and the
for working weekends or nights is a matter ofpenalties for improperly classifying employees can
agreement between the employer and thebe very expensive, employers are cautioned to
employee. The FLSA does not require theconsult with an experienced Arizona employment
employer to provide extra compensation forlawyer before classifying an employee as exempt
weekend, holiday or night work.from the overtime regulations.
Arizona employers and employees are advised