The Law Office of
Joseph A. Velez
480.710.5079
Phoenix, Arizona Employment/ Labor Law Attorney
Overtime Compensation and Wage Issues
Our law office represents clients throughout the Phoenix, Arizona area including the cities of Scottsdale, Maricopa, Mesa, Surprise, Paradise Valley, Avondale, Gilbert, Chandler, Glendale, Florence, New River, Fountain Hills, Peoria, Surprise, Queen Creek, Tempe, Sun City, Apache Junction, and Casa Grande. We serve the counties of Maricopa, Yavapai, Gila, Pinal, La Paz, Yuma, and Pima County.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
The Law Office of Joseph Velez
Employment Attorney
7150 E. Camelback Rd., Suite 200
Scottsdale, Arizona 85251
480.710.5079
Wage and Hour Issues:
Generally, wage and hour issues fall into one of two categories. Failure to pay overtime (most common) or minimum wage (less common) and failure to pay wages (commission, bonus, hourly pay).
Overtime Violations:
The Federal Fair Labor Standards Act regulates when employers are required to pay their employees overtime (and minimum wages). The law generally requires that overtime be paid at the rate of one and one-half times the hourly wage for work in excess of 40 hours in a work week. In certain limited situations, in lieu of overtime pay, the law permits compensatory time on the basis of 1 & 1/2 hours for each hour worked if overtime compensation is required by federal law.
If an employer violates the law, unpaid overtime may be due unless the employee is exempt from overtime. Arizona law also prohibits sex discrimination in the payment of wages to males and females performing substantially equal work in the same establishment. If an employee brings a lawsuit against an employer for an overtime issue, the employer will be required to pay back wages, as well as attorney fees incurred by the employee.
Some common mistakes employers make regarding overtime are:
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-Mistakenly treating employees as exempt
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-Breach of an employment contract
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-Unequal pay based on gender
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-Failing to pay overtime to salaried employees or for off-the-clock work
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-Not paying the correct amount due for overtime
If your employer has violated the Federal Fair Labor Standard act in terms of overtime contact an experienced employment attorney to help get what is rightfully yours.
Arizona requires employers to pay wages to their employees in return for labor or services rendered. The law defines wages as nondiscriminatory compensation due to an employee for which the employee has a reasonable expectation to be paid whether determined by a time, task, piece, commission or other method of calculation. Wages may include sick pay, vacation pay, severance pay, commissions, bonuses, compensatory time pay, or other amount promised when the employer has a policy or a practice of making such payments.
In 2006, the “Raise the Minimum Wage for Working Arizonans Act” was passed. This Act established higher minimum wages for workers in Arizona and outlined record keeping requirements for employers. No verbal or written agreement or employment contract may waive any rights under this Act. The Arizona Minimum Wage Act covers all employers in the private and public sphere with the exception of small businesses, the State of Arizona and federal government.
If the wages are not timely paid, and depending upon the amount of wages due, the unpaid employee can file a complaint with the labor department of the Industrial Commission of Arizona. This is true if the amount due is $2,500.00 or less. If it is over $2,500.00 it is necessary to initiate a civiL lawsuit. If there is no good faith dispute as to the wages owed, the court may award liquidated damages to be paid by the employer in the amount of three times the amount of the wages due. In addition, the court may award costs and attorney’s fees to be paid by the employer.
Wage Claims:
The good faith dispute can apply to the question whether the wages were due, as well as the amount to be paid. However, if the issue involved only a portion of the wages due, treble damages are available for the amount in excess of the disputed wages.
Under A.R.S. 12-341.01, the court may award attorney’s fees to the successful party in an action arising out of contract. If a claim for wages is coupled with a contract claim, attorney’s fees may be awarded under this statutory provision.
There are deadlines that must be met in order to enforce a wage claim. For instance depending on the type of charge it must be filed with the labor department between six months to one year after the date of the alleged violation. In contrast the deadlines for a minimum wage claim ranges from two to three years after the violation depending on the willful intention of the violation. It is important to be mindful of these deadlines in order for your claim to be enforced.
It is necessary to work with an experienced employment attorney to ensure your claim meets all the requirements of the law. Our office can help develop your case, anticipate defenses and formulate strategy so that you may seek the wages owed. If you have any questions contact The Law Office of Joseph A. Velez.
