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Common Grounds for an Overtime Lawsuit in Arizona
The overtime law attorneys at the Arizona offices of Phillips Dayes Law Firm are well-versed in state and federal employment laws and the many ways employers violate these laws to avoid paying their employees the overtime pay to which they are entitled. Common grounds on which we have built successful overtime pay lawsuits include:
- Requiring prior approval of overtime hours before a worker is entitled to overtime pay
- Claiming that salaried employees are not entitled to overtime pay
- Misclassifying employees to exempt them from overtime pay
- Requiring (or allowing) employees to work off the clock instead of paying them for overtime hours
- Not compensating employees for time spent in meetings or on-the-job-training
- Failure to consider bonuses when calculating hourly wages
- Docking hours
Are you Exempt from Overtime Pay?
Under the FLSA, all non-exempt employees are legally entitled to overtime pay any time they work more than 40 hours in a work week. Contrary to popular belief, an employee is not automatically exempt from overtime pay if he or she earns a salary rather than hourly wages, nor does a certain job title mean that a worker is exempt from overtime pay. According to the FLSA, the following types of employees are exempt from overtime pay:
- Professional: An employee is classified as a professional if he or she has studied to pursue advanced knowledge specific to his or her career.
- Administrative: An administrative employee is an employee whose primary duties include office work related to general business operations or management procedures.
- Executive: An executive is any employee who performs management duties, is in charge of two or more employees, and who has the ability to hire and fire employees.
In addition to these types of employees, certain technology professionals and outside sales persons are also exempt from overtime pay. In truth, the laws governing exemption from or entitlement to overtime pay are very complex and easily confused. To find out whether you are exempt from overtime pay, it’s best to consult an experienced Arizona overtime lawyer.
Contact an Arizona Overtime Law Attorney
Every day, honest Arizona workers are cheated out of the overtime pay they have legally earned. If you suspect that you qualify for overtime pay but did not receive it, an Arizona overtime lawyer from our firm can help you navigate the complex legal process so that you can recover the fair wages you worked hard to earn. For more information on overtime lawsuits in Arizona, contact us to schedule a free legal consultation.