Arizona Overtime Law Guide

Updated on Author: Sergei Lemberg

Updated on Author: Sergei Lemberg

Understanding overtime laws in Arizona ensures that you receive fair compensation for your work. This guide will provide a comprehensive overview of who qualifies for overtime pay in Arizona, how to accurately calculate it, and the steps to take if owed overtime pay.

Who is Entitled to Overtime Pay in Arizona?

In Arizona, like the rest of the United States, the Fair Labor Standards Act (FLSA) governs overtime pay. If you work more than 40 hours in a workweek, you are generally entitled to overtime pay.

Non-exempt employees, typically including hourly workers, must receive overtime compensation. However, some salaried employees may also qualify based on their job duties and salary level.

Exemptions and Exceptions

Not all employees qualify for overtime pay. Exempt employees include those in executive, administrative, and professional roles, as well as certain computer professionals and outside salespersons.

To determine if you’re exempt, your employer may use specific tests based on your job duties and salary.

Duties and Salary Tests

The duties test examines your job responsibilities. For instance, executives must primarily manage the enterprise, direct the work of at least two other employees, and have the authority to hire or fire. The salary test requires that you earn a minimum salary.

For 2024, the minimum salary threshold for exempt employees under FLSA is $35,568 annually.

Overtime Rate and Calculation

Calculating your overtime pay involves a specific formula. The standard overtime rate is one and a half times your regular hourly rate.

To determine your regular hourly rate, divide your weekly earnings by the total number of hours worked that week. Then, multiply this rate by 1.5 for any hours worked over 40 in a week.

For example, if you earn $600 a week for 40 hours of work, your regular hourly rate is $15. If you work 45 hours, your overtime rate is $22.50 per hour. Therefore, your overtime pay for the extra five hours would be $112.50.

Special Considerations for Salaried Employees

Salaried employees can sometimes qualify for overtime. If you receive a salary but do not fall under the exempt categories, you should still be eligible for overtime pay.

Your overtime rate is based on your equivalent hourly wage, calculated by dividing your weekly salary by the number of hours you normally work.

Steps to Take if You Believe You’re Owed Pay

If you think you’re owed back overtime pay, take the following steps:

  1. Document Your Hours: Keep detailed records of your hours worked, including any overtime.
  2. Review Your Pay Stubs: Check your pay stubs for any discrepancies in your overtime pay.
  3. Understand the Statute of Limitations: In Arizona, you have two years to file a claim for unpaid overtime under FLSA, but this can extend to three years if the violation is willful.
  4. File a Complaint: You can file a complaint with the Arizona Department of Labor or the U.S. Department of Labor.
  5. Consult an Attorney: If necessary, consult with an employment attorney to understand your rights and options.

Filing a Complaint

When filing a complaint, you’ll need to provide evidence of the hours you worked and your pay rate. The Arizona Department of Labor will investigate your claim, and if they find in your favor, your employer must pay the owed overtime, plus potential damages.

Weekends and Holidays

In Arizona, employers do not pay extra for work done on weekends or public holidays unless those hours push an employee’s total workweek beyond 40 hours. The critical factor for overtime eligibility remains the total number of hours worked in a week, regardless of the specific days worked.

When your workweek includes weekends or holidays and you exceed 40 hours, you are entitled to overtime pay for the additional hours. Arizona follows federal guidelines, meaning there is no obligation for employers to observe holidays or pay extra for work on those days. The decision to schedule work on holidays depends on the employer’s operational needs.

Although there are no statutory requirements for premium pay on weekends or holidays, many Arizona employers choose to offer additional incentives. These incentives may include higher pay rates to compensate for the inconvenience of working on days typically reserved for rest.

Compensatory Time Off in Arizona

In Arizona, employers and employees can agree to compensatory time off, or “comp time,” instead of traditional overtime pay. This agreement must be voluntary, ensuring that the employee’s choice is free from coercion.

Comp time accrues at a rate of one and a half hours for every hour of overtime worked. For instance, if you work 10 hours of overtime, you would earn 15 hours of comp time. However, there is a cap on comp time set at 240 hours, which equates to 160 hours of actual overtime work. Once you reach this limit, you must use your accrued comp time before earning more.

You can use comp time for various purposes, including vacation, personal time off, or illness recovery. Employers are required to honor comp time requests within a reasonable timeframe, typically within 30 days, unless doing so would cause operational disruptions.

Employers offering comp time must comply with both federal and Arizona state laws while following all regulations.

By understanding these rules, you can better handle your rights and options regarding overtime and compensatory time in Arizona.

Consulting an Attorney

Consulting an attorney can provide you with the legal support you need to navigate the complexities of overtime laws. They can help you gather the necessary documentation, file your claim, and represent you in any legal proceedings.

Importance of Knowing Your Rights

Understanding your rights under Arizona overtime laws ensures you receive fair compensation for your work. Employers must comply with these laws, and if they fail to do so, they can face significant penalties.

Overtime laws in Arizona aim to protect workers and ensure they receive fair pay for their hard work. Know who qualifies for overtime, understand how to calculate it, and learn the steps to take if owed back pay. By doing so, you can safeguard your rights and ensure you receive fair compensation. If you have any doubts or need assistance, don’t hesitate to seek legal advice to protect your rights and secure the pay you’ve earned.

Contact Lemberg Law for Arizona Overtime Assistance

Do you feel you’re being denied fair overtime pay? Lemberg Law can help. Our experienced attorneys specialize in employment law will work with you to ensure you receive the compensation you deserve. Contact us today for a free consultation to discuss your case and explore your legal options.

Sergei Lemberg

About the Author:

Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."

See more posts from Sergei Lemberg
  • Ravyn

    I have a concern we are paid semimonthly and if the pay period ends in the middle of the week they don’t take those hours into consideration for overtime the next pay period.

  • Dezson

    I worked 109 hours and from 3-6 to 3-24 my employer is saying that the over time is only valid if I worked Sunday – Saturday but they are making overtime mandatory. I was only paid for 9.35 hours overtime.
    How is this okay????

  • Alex B

    I get paid biweekly and my Employer forgot to pay me for a for a whole week of work. When I confronted her, she said she would make up for it on my next paycheck. But my next paycheck is already over 80 hours. Is she required to pay me the remaining 40 hours as overtime? or can I do something because she did not pay me for 40 hours since I had to reduce my spendings and had to take out money from my savings to cover for the missing 40 hours I was not paid for?

  • Karen

    I work at a Carehome my employer pays 2 xs a mo stating we are salary he has scheduled me so that I am working 4- 8hour shifts and a 12hour shift which will put me 4 hours over time so 8 hours total over time in pay period. He stated that we will not get over time but comp time for those hours. Is this legal

  • Laneen P

    I work nights with an PRD rate. My overtime is on the same shift that they pay me the PRD rate…Do I get my overtime at my regular rate or my PRD rate?? I feel as though I am being cheated>>>

  • Janet P

    I am unsure about the overtime that i put in as an office manager. I was salary, but clocked in and out. I know each state is different.

  • Dawn S

    Do you have to physically work 40 hours to receive overtime pay? Meaning- If you use 8 hours of sick pay and 32 hours worked pay to total 40 hours and you have 16 hours of overtime in that pay period are you entitled to receive your overtime pay rate for your 16 hrs

  • Sean H

    I just started a job and one of my co-workers told me we only get paid overtime after 45 hours per week. How is this permissible? The position is for a field repair technician for fitness equipment, driving a company truck, with a bi-weekly paycheck. An official employee, not a 1099 position. How are they able to get an extra 5 hours of work out of us before the overtime rate kicks in?

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