You clocked fifty-five hours last week, watched the minutes tick by, expected the extra pay, and then received a paycheck missing the time-and-a-half pay you expected. If that sounds familiar, know this: under Arizona overtime laws, most eligible workers are entitled to receive overtime pay once their hours exceed 40 in a workweek. If you suspect your employer miscalculated your pay, the team at Shields Petitti & Zoldan, PLC, stands ready to assess your claim and pursue your rightful wages.
What Are Arizona Overtime Laws and How Do They Affect Arizona’s Overtime Pay Requirements?
Many Arizona employees assume overtime begins the moment late nights or weekend shifts start adding up. However, the law draws a sharper line. Under Arizona overtime laws, overtime pay applies only when your total hours exceed forty in a single workweek.
Arizona’s overtime pay requirements align with the federal standard under the Fair Labor Standards Act (FLSA), which mandates payment at one and one-half times the regular rate for non-exempt employees who work beyond 40 hours in seven days. Unlike some states, Arizona does not impose a separate daily overtime rule; therefore, five 10-hour shifts trigger overtime, but four do not unless the total exceeds 40 hours.
It sounds simple, yet employers sometimes exclude paid leave, holiday time, or non-discretionary bonuses when calculating overtime. Those omissions matter. The regular rate used for overtime must include more than base wages; it can encompass commissions, incentive pay, or shift differentials. When employers fail to include those amounts, workers can lose a significant portion of what they legally earned.
How Does FLSA Arizona Overtime Coverage Work?
Coverage under the FLSA, and therefore under Arizona overtime rules, turns on both the business and the job. Employers engaged in interstate commerce or with annual sales of at least $500,000 generally must comply. Moreover, your job title alone does not determine eligibility. If you earn a salary but perform manual, non-managerial work, you may still be non-exempt and entitled to overtime. If your employer asked you to work late, and you stayed, logged the hours, and did not receive the correct premium rate, the law may allow you to reclaim unpaid overtime pay.
What Are Overtime Exemptions Arizona Employers Rely On to Avoid Paying Employees?
Employers often invoke overtime exemptions without understanding what actually qualifies or without meeting the legal test. Overtime exemptions in Arizona, governed by the Fair Labor Standards Act (FLSA), hinge on a three-part analysis:
- Salary basis. The employee must receive a fixed, predetermined salary not subject to reduction based on hours or performance.
- Salary level. That salary must meet or exceed the federal minimum of $684 per week.
- Duties test. The employee’s primary job duties must fall into one of the recognized categories: executive, administrative, professional, outside sales, or computer specialist.
If your employer calls you a manager but you have no authority over hiring, firing, or supervision, and spend most of your time performing the same tasks as other employees, you may not actually qualify as exempt. Courts and the U.S. Department of Labor examine what you do each day, not what your job title says. Even if an exemption technically applies, falling below the salary threshold means you remain non-exempt and entitled to overtime.
Why Choose Shields Petitti & Zoldan, PLC?
Shields Petitti & Zoldan, PLC, stands among the most respected employment law firms in Arizona. Our reputation rests on results, experience, and a willingness to litigate when others hesitate. We offer:
- Proven results. We have obtained over $25 million in settlements and verdicts across Arizona employment disputes.
- Extensive experience. Our attorneys bring over five decades of combined trial work representing both employees and employers.
- Respected Reputation. Our firm has been featured by NBC News, Fox News, Phoenix New Times, and AZ Central for our courtroom success.
- Award-winning team. Our lawyers have been honored as Super Lawyers, Rising Stars, and Best Law Firm by Best Lawyers in America.
- Top-tier ratings. We hold an AV-Preeminent rating and membership in the Million Dollar Advocates Forum.
- Litigation-focused approach. Our firm excels in trial settings, holding employers accountable and protecting the rights of employees.
- Client-centered philosophy. Every case, large or small, receives a precise strategy, professional care, and genuine respect.
Our track record speaks for itself: a history of victories, a courtroom presence few can match, and a dedication to fairness that defines our practice in Phoenix and throughout Arizona.
Contact Us Today
If your paycheck lacks the premium rate you earned, or your employer labels you exempt without a basis, you deserve accurate compensation for your work. Contact Shields Petitti & Zoldan to discuss your situation with an experienced employment attorney who will evaluate your claim and advise you on your legal options.
Resources:
- U.S. Department of Labor, Wage and Hour Division: Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA), link.
Attorney Michael Zoldan provides legal counsel to individuals and small businesses throughout Arizona. Mr. Zoldan’s practice is based on aggressive and detail-oriented representation, focusing on employment discrimination, wage and hour disputes, harassment, and wrongful termination. Prior to forming Shields Petitti & Zoldan, Mr. Zoldan worked for numerous law firms where he had an opportunity to hone his litigation skills by working on multiple litigation cases at a time with some of the most skilled litigators in the state.
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