Federal and State Laws Apply
Arizona workers deserve to be compensated fairly for the hours they work and benefits that are due to them. When workers are subjected to illegal wage and hour practices, an experienced Arizona employment lawyer can help them get the compensation that is owed and hold the employer responsible for violating state and federal laws.
Employee Classification
Under the law, employees are defined as “any individual employed by an employer.” Although this seems to be straightforward, there are subtle differences in employment classification status that make a huge difference in compensation. Non-employees are often exempt from wage and hour laws, giving them less protection against illegal practices.
Sometimes employers accidentally misclassify employees as being exempt from wage and hour laws or as independent contractors.
However, because employers can save a significant amount of money by doing so, some employers intentionally illegally misclassify their employees.
When misclassification is intentional, there is a three-year retrospective review to discover other potential violations, which can further increase the amount of compensation you are due.
Examples of Illegal Treatment
Arizona employees are protected against illegal treatment by both state and federal laws. Collectively, these laws make the following practices illegal:
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Unpaid wages
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Unpaid overtime
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Uncompensated lost benefits
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Misclassification of employee
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Unpaid training
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Unpaid work or off-the-clock work
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Other illegal wage and hour practices
FLSA Overtime Requirement
Overtime compensation can account for a large amount of a worker’s pay. Under the Fair Labor Standards Act (FLSA), all non-exempt employees must be paid 1 ½ times their regular wage any time their hours exceed 40 in a workweek. Employers have been known to misclassify their employees as one of the following to avoid paying overtime:
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Administrative
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Executive
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Professional
If your employer has avoided paying you overtime, an Arizona employment lawyer can help you get the unpaid wages that you have earned.
Resolve your wage and hour dispute here.
At Robinson Law Offices, we believe that every Arizona employee has the right to fair wage and hour compensation. That’s why we pride ourselves on our commitment to protect workers and their jobs from illegal practices.
We offer one-on-one consultations with an experienced Arizona employment lawyer and specialized knowledge of federal, state and local laws. To schedule a consultation with a wage and hour employment lawyer, contact our office today.
Are you an independent contractor or an employee?
To determine if you are an independent contractor or an employee, the law considers the following:
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Does the company have control or the right to control what the worker does and how the worker does their job?
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Are certain aspects of the worker’s job such as how the worker is paid and whether tools and supplies are provided controlled by the payer?
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Are there written contracts or employee benefits like insurance or vacation pay? Is the relationship continuous and is the work performed a key aspect of the business?
Our experienced employment legal team can categorize your employment, determine the amount of lost wages and other compensation, and help you get the money you deserve.
Q&As
Wage & Overtime
Q: What do exempt, and non-exempt employee classifications mean? A: An exempt employee is not eligible to receive overtime pay and is excluded from minimum wage requirements. Exempt employees are typically salaried and primarily perform exempt duties (executive, administrative, professional, outside sales, or certain computer-related positions). Non-exempt employees earn hourly wages and typically perform more routine or manual tasks that do not fall into the above higher-level categories. Their work generally involves performing tasks that are repetitive or require following established procedures. A non-exempt employee is eligible for overtime pay and hourly wages. If a non-exempt employee works over 40 hours a week, the employer must pay them overtime per the Fair Labor Standards Act (“FLSA”).
Q: What laws protect non-exempt employees' right to hourly wages and overtime? A: The Fair Labor Standards Act (“FLSA”) requires that employers pay nonexempt employees at least the federal minimum wage for every hour worked, and at least one and a half times the employee's regular rate of pay for all hours worked beyond 40 in a workweek. These wage and hour protections apply to employees, defined as “any individual employed by an employer.” Independent contractors are not covered by the FLSA.
Q: What counts as “hours worked?” A: Examples of Hours Worked Under the Law include: Waiting Time (On-Call): If an employer retains control over the employee’s time, such as when the employee is on-call and must remain available for work, this time counts as hours worked. This is because the employee is still considered to be on duty during this period. Travel Between Worksites: Travel between work sites during the normal workday is considered hours worked. This includes time spent traveling between multiple locations while performing job duties. Regular travel to and from the employee's home and primary worksite (commuting) is not considered hours worked, as it is not directly related to performing job duties. Training Time: Time spent attending training or meetings that are required by the employer is generally considered hours worked, especially if the training is directly related to the employee’s job responsibilities. Breaks: Breaks that are long enough to allow the employee to use the time for their own purposes (e.g., lunch breaks) generally do not count as hours worked. However, if the break is short or the employer requires the employee to remain on-site and available for work, the time may count as hours worked. Arizona Specifics: Under A.R.S. § 23-350(4), "hours worked" includes all time the employee is employed by the employer. An employee is considered to be on duty when they are either actively working or waiting for work and are not free to use their time for personal activities. In this context, the employee must be working or waiting at the employer’s direction and cannot use the time for their own purposes, as outlined in A.A.C. R20-5-1202(22).
Q: What classifies a worker as an employee or an independent contractor? A: Case law has developed the classification for employees versus independent contractors using the totality-of-the-circumstances “economic reality” analysis. To determine whether one is an employee or independent contractor the courts focus on the economic realities of the worker’s relationship with the potential employer and whether the worker is either economically dependent on the potential employer for work, or in business for themselves. There are six factors to take into account: (1) the worker’s opportunity for profit or loss depending on managerial skill; (2) investments by the worker and the potential employer; (3) degree of permanence of the work relationship; (4) nature and degree of control the potential employer has; (5) extent to which the work performed is an integral part of the potential employer’s business; and (6) whether the worker uses specialized skills to perform the work and whether those skills contribute to business-like initiative.
Q: What sorts of employer actions violate wage and hour rights under the FLSA? A: The following, non-exhaustive list, constitutes illegal employer activity under the FLSA: unpaid wages, partial unpaid wages, unpaid overtime wages, employee misclassification, unpaid training, deductions from pay that bring the worker’s wages below the minimum set by the FLSA, etc.
Q: Where do I report wage and overtime violations? A: In Arizona, if you are owed less than $5,000 you may file an unpaid wage complaint with the Industrial Commission of Arizona. If you are owed more than $5,000.00 in unpaid wages, you must file a claim with the U.S. Department of Labor, Wage and Hour Division or pursue a civil claim against your employer. Wage and Hour conducts investigations to determine if wage violations have occurred. The statute of limitations for recovery of back pay is two years, unless the violation was willful, in which case it’s three years.
Q: What type of recovery is there for wage and hour overtime violations? A: An employee can recover back wages, attorney’s fees, and court costs. Additionally, an employer who willfully or repeatedly violates is subject to a civil money penalty of up to $1,000, per violation.
We Protect Arizona Employees’ Rights
At Robinson Law Offices, we believe that every Arizona employee has the right to be free from discrimination in the workplace. That’s why we pride ourselves on our commitment to protect workers and their jobs from illegal practices.
We offer one-on-one consultations with an experienced Arizona employment lawyer and specialized knowledge of federal, state and local laws. To schedule a consultation with an employment discrimination lawyer, contact our office today.