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Arizona labor laws require employers to pay employees for hours worked at agreed-upon wages. Unfortunately, not every employer plays by the rules. The Scottsdale wage and hour lawyers at Shields Petitti & Zoldan, PLC, can help you reclaim your hard-earned money and hold your employer accountable for their bad behavior if you are struggling to recover unpaid wages. Our experienced advocates are prepared to evaluate your case, help you navigate wage and hour laws, and fight for your rights in and out of the courtroom. You deserve a legal partner as committed to your cause as you are. Shields Petitti & Zoldan, PLC, is that partner, ready to stand with you every step of the way.
What Are Common Wage and Hour Law Violations?
Wage and hour claims can encompass a wide range of issues related to employment and compensation. Common examples under the Fair Labor Standards Act (FLSA) and state labor laws include:
- Minimum wage violations—paying employees below the federal or state minimum wage or failing to adjust wages based on increases in the minimum wage;
- Overtime violations—failing to pay employees overtime, misclassifying employees as exempt from overtime when they should be non-exempt, and miscalculating overtime, such as using a flat rate instead of the required time-and-a-half pay;
- Employee misclassification—misclassifying employees as independent contractors to avoid paying minimum wage, overtime, and benefits or incorrectly labeling employees as exempt from wage and hour laws when they should be non-exempt;
- Unauthorized deductions—docking employee pay for minor infractions or cash register shortages;
- Recordkeeping violations—failing to maintain accurate and complete employment records, including hours worked, wages earned, and deductions made;
- Tip pooling and tip theft—mishandling tips, such as taking a portion of employees’s tips without proper distribution or including ineligible employees in tip pools;
- Payroll violations—delays in wage payment, inconsistent pay schedules, bounced paychecks, or failing to provide pay stubs with required information;
- Off-the-clock work—requiring or allowing employees to work off-the-clock without compensation or failing to compensate employees for pre-shift and post-shift work, such as setting up, cleaning, or travel time; and
- Failure to maintain employment records—failing to keep accurate and complete records of employees’s time worked, wages earned, and deductions made.
Remember, this is not an exhaustive list of wage and hour violations. A skilled Scottsdale wage and hour attorney at Shields, Petitti & Zoldan can review your claim and help you develop a plan of action based on your specific circumstances.
What Are My Wage and Hour Rights?
Arizona Revised Statutes, Title 23, Article 7 provides numerous statutory protections for employees regarding wages and hours worked. If you’re facing an unpaid wage claim, you can file a civil suit in state court or a wage complaint with the Industrial Commission of Arizona (ICA) or the U.S. Department of Labor’s Wage and Hour Division.
Filing a Complaint with the ICA
You can file a wage complaint with the ICA for unpaid wages, bonuses, vacation, mileage, insufficient funds (NSF) checks, and unauthorized deductions from wages. Under the ICA, the maximum amount of unpaid wages you can claim is $5,000.00. If your employer owes you more than $5,000.00, or your claim is for unpaid overtime, you must file a claim with the U.S. Department of Labor or pursue a civil suit against your employer. Employees must file unpaid wage claims with the ICA within one year from the date they accrued.
Filing a Complaint With the U.S. Department of Labor’s Wage and Hour Division
If your employer violated the FLSA, you can file a wage claim with the U.S. Department of Labor’s Wage and Hour Division. In cases involving minimum wage and overtime violations, the FLSA allows employees to recover unpaid wages and an equivalent amount in damages. Under the FSLA, employees have two years to file their claim.
Filing a Civil Suit
When an employer fails to pay an employee’s wages, the employee has the right to file a civil lawsuit. If the court finds the employer guilty, it is considered a minor offense. Moreover, the court can require the employer to pay three times the amount of the employee’s unpaid wages, plus costs and attorney’s fees. If you’d like to learn more about a potential civil suit, our Scottsdale wage and hour violation lawyers can walk you through your options.
Why Should I Choose the Scottsdale Wage and Hour Lawyers at Shields Petitti & Zoldan, PLC?
Shields Petitti & Zoldan, PLC, stands out for numerous compelling reasons:
- Unparalleled expertise. Because our collective experience spans decades, our depth of knowledge of wage and hour law is unmatched, ensuring your case is handled with the utmost professionalism and skill.
- Respected advocates. Our integrity, commitment, and competence are evident in our prestigious Martindale-Hubbell’s AV-Preeminent peer rating, reflecting our high esteem in the legal community.
- Stellar reputation. Members of our firm have consistently been honored as Super Lawyers selectees from 2007 to the present, been included in The Best Lawyers in America list since 2005, and have been singled out multiple times for the coveted “Lawyer of the Year” for Labor and Employment Litigation.
- Trial readiness. Unlike many firms that prefer to avoid litigation, we embrace it to achieve justice for our clients. Our willingness to go to trial, backed by a proven track record of nearly $25 million in settlements and verdicts, sends a strong message to employers about our resolve to secure fair compensation for our clients.
- Compassionate representation. We understand the personal and financial stress that wage disputes can cause employees. Our approach is one of kindness and empathy, ensuring you feel supported and valued throughout the legal process.
Choosing the right legal representation can significantly affect the success of your wage and hour claim. So, when you decide to work with us, you are not just hiring a lawyer but forming a formidable partnership with a team that values your well-being and financial security. Contact us today. We understand that each claim is as unique as the individual behind it.