An Arizona employer who requires or permits its employees to work overtime is usually required to pay such employees premium pay for such overtime work. Most employees in Arizona are covered by the Fair Labor Standards Act (FLSA), which mandates that employees receive overtime pay for all hours worked in excess of 40 in the course of a single workweek. This overtime pay must equal at least one and one-half times the employee's regular rate of pay. The FLSA, however, does not require overtime pay for employees who work on weekends, holidays, or any other particular day, unless overtime hours are worked on such days.
Although many employers choose to compensate employees who work at certain times, extra pay for working weekends or nights is a matter of agreement between the employer and the employee. The FLSA does not require the employer to provide extra compensation for weekend, holiday or night work.
Arizona employers and employees are advised that the general rules governing overtime compensation may not apply if the employee is subject to certain specified exceptions to the overtime laws. Employees may be deemed exempt from the overtime laws if their job duties meet the exemption standards.
Failing to pay Arizona employees overtime pay when required may result in a judgment against the employer for all overtime wages owed to the employee for the past three years, plus an equal amount as a penalty, in addition to attorneys’ fees and costs. The burden is always on the employer to prove that an exemption to the overtime regulations apply.
Because the interpretation of the the overtime exemption statutes can be difficult and the penalties for improperly classifying employees can be very expensive, employers are cautioned to consult with an experienced Arizona employment lawyer before classifying an employee as exempt from the overtime regulations.
Kevin R. Harper is an Arizona employment and business litigation attorney, representing employees and employers throughout the state of Arizona from his centrally-located office at 1 N. Central Ave. , Suite 1130, in downtown Phoenix.
For more information about Arizona employment law, feel free to contact Harper Law PLC at 602-256-6400, or visit the firm online at http://www.HarperLawArizona.com
Copyright 2008 Harper Law PLC, all rights reserved.
The above article is designed for informational purposes only and, because every situation is different, is not intended as definitive legal advice. You should not act upon this information without seeking independent legal advice about your individual situation.