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Unpaid Overtime and Minimum Wage

Sometimes employers try to take advantage of their employees by failing to compensate them properly for their time worked. This is a violation of federal and state law. Consult with the attorneys at Oracle Law Group to see if you are entitled to back-pay due to your employers’ failure to comply with these laws.

The Fair Labor Standards Act

The Fair Labor Standards Act (“FLSA”) requires employers to pay employees one-and- a-half times their regular rate of pay for all hours worked over 40 each week, unless the employees are properly classified as “exempt” under the law. All too often, employers misclassify their employees, and the result is that employees lose out on the overtime pay that they are entitled to. There are strict requirements to properly classify an employee as an exempt executive, administrative, professional, outside sales person, or other exempt category. If you don’t fall into one of the exemptions, your employer should be paying you your overtime rate for any hours over 40 that you work each week.

The FLSA also requires employers to keep accurate time records of all employees and to pay employees for all time worked, not just for scheduled time or an estimate of time worked.

Minimum Wage Laws

Human resources documents: payroll, salary and employee time sheets place on office table with cup of coffee and calculator, sepia toneThere are federal and state laws that require employers to pay its employees no less than the minimum wage. Currently, the minimum wage in Arizona is $8.05 per hour, which is higher than the federal minimum wage. In Arizona, the minimum wage is set to rise automatically with the cost of living. Arizona law also says that employees who work in a job where they customarily and regularly receive tips from patrons can be paid up to $3.00 an hour less than the minimum wage if the employer can establish that the tips make up the difference, so that employees are not receiving less than the minimum wage for all hours worked. If employers are not paying you at least the minimum wage, they are violating the law.

Oracle Law Group would be happy to help you stand up for your rights to be properly compensated for the time that you work. Call our Office today at 480-704-0777 for a consultation.