An Arizona unpaid overtime lawsuit may be an option for eligible workers who worked overtime and did not receive compensation for those additional hours. All eligible employees, as well as some contractors, are required to receive one and one-half their regular rate of pay when they work hours beyond a normal workweek. If an employee feels that they are not receiving the overtime pay they deserve, an Arizona unpaid wages attorney can help them to recover overtime compensation.
For more information, contact the Attorney Group for Arizona today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated Arizona unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Overtime is defined as time worked in addition to normal hours. In the United States, the standard workweek is 40 hours in any given seven-day period, and eligible workers who work beyond 40 hours in a workweek are paid “time and a half,” or one and one-half their regular rate of pay. Federal regulations regarding overtime pay are outlined in the Fair Labor Standards Act (FLSA) and regulated by the Wage and Hour Division of the U.S. Department of Labor (DOL). Additionally, some states may have their own rules and regulations regarding overtime and overtime compensation in addition to what is outlined in the FLSA.
Who is Eligible for Overtime Pay?
In order to receive overtime pay, a worker must be considered eligible, or “non-exempt.” Most hourly employees are considered non-exempt, as well as other employees who earn less than $455 per week, $23,600 per year. Under new federal regulations set to go into effect on December 1, 2016, wage thresholds for non-exempt employees were scheduled to rise to include those who earn less than $913 per week, or $46,476 per year.
Employees who are considered “exempt” include workers who earn more than the wage threshold, most salaried employees, and employees who work in “white collar” positions, such as administrative, executive, and professional workers.
According to the DOL, U.S. District Court Judge for the Eastern District of Texas granted an Emergency Motion for Preliminary Injunction of the overtime rule on November 22, 2016. The injunction blocked the final rule from taking effect at the scheduled date, however, the Department of Justice filed a notice to appeal the injunction on December 1, 2016.
If My Employer Calls Me an Independent Contractor, Do I Get Paid Overtime?
Independent contractors — people who work for themselves — do not get paid overtime. Although federal guidelines do not guarantee overtime compensation for independent contractors, employers cannot call an employee a contractor just because they want to avoid paying overtime and other benefits.
Jobs commonly misclassified as independent contractors include:
- Truck drivers
- Construction workers
- Tow truck drivers
- Port workers
- Call center workers
- Couriers and package delivery workers
- Exotic dancers
If a court finds that an employee has been misclassified as an independent contractor, the employee may be eligible to pursue a claim and seek compensation with the help of an Arizona unpaid overtime lawsuit attorney.
Unpaid Overtime Lawsuit Claims
Investigators from the DOL Wage and Hour Division discover numerous violations of the overtime provisions set forth by the FLSA each year. As a result, dozens of unpaid overtime lawsuits are filed across the U.S. Oftentimes, workers are misclassified as independent contractors, and employees are denied their rights to overtime pay as well as other essential protections and benefits.
In July 2016, an investigation by the DOL Wage and Hour Division found that an Arizona home builder misclassified its construction workers as independent contractors and failed to keep accurate records of hours worked, violating provisions outlined in the FLSA. The company was required to pay $48 thousand in overtime back wages and damages to 31 employees.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Workers who have been unlawfully denied overtime pay may be eligible to file an Arizona unpaid overtime lawsuit with the help of an unpaid wages lawyer in addition to being able to pursue a claim through the DOL. Oftentimes, the employee can seek compensation for back wages not paid by the employer and liquidated damages in an amount equal to the unpaid back wages.
How an Arizona Unpaid Overtime Lawsuit Can Help
Federal law, and many state laws, require employers to pay employees for overtime at a rate of not less than 1.5 times their regular rate of pay. These same laws protect underpaid workers from retaliation if they pursue a claim, and an unpaid wages lawyer can help an employee recover the compensation he or she deserves.
The time you have to pursue a claim is limited. Contact us for more information.Get Help Now.
For more information, contact the Attorney Group for Arizona. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.