While not all employees are entitled to overtime pay, it is generally believed that employees are always exempt from receiving overtime. Several distinctions must be made in federal law before an employee`s eligibility for overtime can be safely excluded. Arizona follows the federal overtime law. Employers must pay all non-exempt workers overtime pay for all hours in excess of 40 hours in a work week at 1.5 times the employee`s regular wage. For hourly workers, it`s pretty easy, 1.5 times their hourly rate for all hours worked more than 40 hours in a 7-day week. If an employee receives a different hourly rate for different tasks throughout the work week, the weighted average applies. Employees, non-exempt employees are a little trickier: divide the annual salary (which must be at least $35,568 as of January 2020) by 2080 hours (40 hours per week for 52 weeks) for the effective hourly rate, which is then multiplied by 1.5 for each hour worked more than 40 in a work week. Hours worked do not include periods of illness, statutory holidays or statutory holidays. It`s just the time that is actually worked. Arizona`s labor and minimum wage laws state that employers must compensate for the following: Child labor laws allow exceptions in very specific cases: Since there are no overtime laws in Arizona that prohibit overtime, it is perfectly legal to fire an employee for refusing to work overtime.
This applies to all employees at will, but may not apply to contract employees. While Arizona`s arbitrary employment laws apply to the vast majority of workers, it`s important to remember that the language of a contract dictates what`s possible and what`s not possible for an employer when it comes to contract employees. The same laws also state that employers are not required to compensate: employees are often exempt from paying overtime. However, a three-part test was developed to determine whether an employee might be eligible for overtime pay. Exempt employees must receive at least $23,600 per year, receive a salary and perform certain exempt duties. If an employee does not meet any of these criteria, they must receive overtime pay even if they have a salary. Under current laws in Arizona, mandatory overtime is legal. With this in mind, an employer who requires you to work more than forty hours a week must also pay you overtime for the overtime you have to work. However, compulsory overtime cannot be required of workers who have signed a contract limiting their working hours. Arizona Labor Law Ultimate Guide: Minimum Wage, Overtime, Break, Vacation, Hire, Fire, and Various Labor Laws. Arizona`s minimum wage law, A.R.S. § 23-364, enacted in 2007, requires employees to receive at least minimum wage for ALL hours worked.
Neither federal or state wage laws can be repealed. An employee cannot “refuse” these requests. Interestingly, this legislation allows an employee to demand an unpaid or underpaid minimum wage as early as 2007 if the violations are “part of an employer`s ongoing approach.” The penalty for non-payment of minimum wage for all hours worked is the unpaid amount plus the same amount, resulting in triple compensation for unpaid minimum wages. In addition, an employee is entitled to reimbursement of attorneys` costs and fees. In November 2016, voters passed Proposition 206, which increases the minimum wage in Arizona every year. As of January 1, 2021, the minimum wage in Arizona is $12.15, while the federal minimum wage is $7.25 per hour. Overtime laws can be difficult to understand and can change depending on the year, your state, and the type of business you run. It should be noted that the Arizona legislature has passed legislation that will increase the minimum wage over the next few years, so the minimum wage for overtime will also be increased. To stay up to date on the local economic impact of Arizona`s 2022 minimum wage increase, read here.
Arizona`s overtime laws are governed by federal policy. For employees, there are three factors to consider when deciding whether or not they are eligible for overtime: This means that federal laws apply, so mothers are still protected by the FLSA if they are non-exempt (schedule) workers. Overtime pay is regulated by federal law, which means Arizona employers must pay eligible employees for overtime. In Arizona, there are classifications of employees who are exempt from overtime pay. These may include drivers, managers and some administrative staff. However, eligibility decisions in Arizona cannot override federal overtime laws. In this final section, we will review some of the additional labour laws that are in the public interest. Under the RSA, employees earning more than $455 per week are exempt from overtime pay. In Arizona, however, state law states that employees are not exempt from overtime pay, but their wage requirements are higher.
Since the hourly wage is $12.80 per hour and the employee worked 65 hours, his weekly wage would have to be $812.05 to exempt him from overtime. At the federal level and in Arizona, overtime pay is defined as the compensation of employees who work more than forty hours per week. Under current federal laws (which supersede all state decisions), hours considered overtime must be paid at “one and a half hours of pay,” which is 1.5 times their standard rate. The federal law on wages and hours of work is called the Fair Labor Standards Act (FLSA). Most states also have their own wage and hour laws. Some local governments (such as cities and counties) also have them. If the employer refuses to comply with Arizona`s compensation and hours laws, the DoL will refer the matter to the appropriate law enforcement agencies. Employers have ten days to respond to notice of impending prosecution. If employers do not respond to two disclosures, the ministry makes a decision based on the evidence on file. No. Unlike most other state and federal labor laws, the FLSA does not depend directly on the number of employees.
What do you know about the laws and rules that govern wages in Arizona? Read our 12 questions and answers about wages in Arizona that employers (and employees) should know. There are many additional exceptions, but these are the most common and the most misunderstood and misapplied. While salaried administrative employees, managers, and professionals may be exempt under federal law, they are not exempt from Arizona (or local) minimum wage regulations. This means that these employees must receive wages at least equal to the minimum wage for all hours worked. This could result in a higher wage requirement than the federal law. For example, in 2020, the minimum wage in Arizona was $12 per hour. If an administrative, managerial or professional employee were to work at least 60 hours per week, their salary would have to be at least $720 per week, which would be higher than the federal wage requirement of $684 per week for 2020. The Civil Rights Act of 1991 amends the Civil Rights Act of 1964 to strengthen and improve federal civil rights laws, provide damages for intentional discrimination in the workplace, clarify provisions for different effects and other purposes. In fact, many employers make the mistake of assuming that just because an employee receives a salary or has a high-ranking job title does not mean they are exempt from overtime pay.
Many non-exempt employees (receptionists, secretaries, clerks) receive a salary. Giving an employee a job title that sounds good makes no difference if the employee`s job duties do not meet the criteria for exemption from the law. The legislation focuses on the type of work to determine whether it is exempt from the wages and hours of work laws of the FLSA. For the private sector, an employee is only protected by the state if he reports violations of the status of Arizona or the Constitution of Arizona. The Ministry`s decision may be appealed to the State Supreme Court. Arizona employers are not required to offer paid vacation or paid vacation. Employers who offer these discretionary benefits can do so on a “take it or lose” basis. Accumulated but unused leave does not have to be paid upon termination unless there is a written policy requiring payment or proof that it is the employer`s practice to pay for it at the time of termination.
