Although Arizona state and federal laws provide few guarantees of continued employment, employees have an absolute right to receive adequate compensation for the time they work. Depending on how an employee is classified and/or the type of work actually performed by an employee, Arizona workers may be entitled to receive overtime wages for working more than 40 hours per work week.

Arizona employment law statutes do not include a separate treatment of the right to overtime wages, so the threshold issue of when overtime must be paid is governed by federal law. The federal Fair Labor Standards Act (“FLSA”) requires employers to pay all employees overtime wages for working more than 40 hours in a given workweek, unless a specific exemption applies. Overtime wages, in most situations, are calculated at one and one-half times the employee’s regular rate of pay.

Employees should understand that neither Arizona law nor the FLSA limit the number of hours per day or week that an employee 16 years of age or older must work. There are, of course, regulations that apply to certain industries that include such limitations.

Other than the requirement to pay overtime as noted above, there is no right to overtime or double time for working nights, weekends or holidays under the FLSA. Some employers offer such compensation, but it is not required. Depending on how an employee’s schedule is determined, there are also situations where overtime pay may legally be calculated at a lower rate.

At the end of the day, the important determination to make as to whether a claim for unpaid overtime may exist is whether the employee’s job is properly classified as an exempt position. A job properly classified as exempt is one that is not entitled to overtime compensation. These employees receive a fixed salary regardless of the number of hours actually worked. Determining whether a job is exempt or non-exempt requires a careful and detailed analysis of the job’s duties and salary structure.

In the event there is a viable claim for overtime pay, Arizona statutes governing the timely payment of wages may work to provide additional compensation as a penalty for the employer’s failure to pay promptly. The FLSA also includes provisions for penalties, as well as the recovery of attorneys’ fees in the event of a successful claim.

Because claims generally must be filed quickly to ensure an employee receives all back-time pay to which they may be entitled, it is a good idea to consult with an experienced Arizona employment attorney as soon as a problem is suspected.