As a hard-working employee, you make sure that your employer has what they need. And in return, your employer should provide you with what you need as well, especially when it comes to your pay.
If you’re an employee working more than 40 hours in a single workweek, then you need to make sure that your employer provides you with overtime pay if you qualify for it. The laws aren’t easy to understand as there are exceptions and exemptions based on the types of employees. However, it pays to understand wage laws to make sure you’re being compensated fully for your hard work.
Summary of Arizona Overtime Law
The table below provides an overview of overtime laws in Arizona.
Hourly Employees: Receive time and a half pay (1.5 x Regular Pay Rate) for hours worked using the following parameters. The highest paying result dictates which method to select:
40 hours in a single workweek,
12 hours in a single workday, or
12 consecutive hours not concerning the starting/ending time during the workday and not counting duty free meal times
Hourly Plus Bonus and/or Commission Employees:
Figure out the regular rate by multiplying the hourly rate by the total hours worked in the workweek, then add the weekly bonus/commission, then divide by the hours worked in the workweek. Finally, half that total rate for every hour of overtime worked.
Salary Employees: Figure out the regular rate by starting with the salary and dividing that by the number of hours the salary is supposed to cover.
When regular hours equal less than 40, then add the regular rate for every hour until reaching 40 hours, then increase the rate to time and a half for every hour after 40.
Otherwise, pay 1.5 the standard rate for every hour after 40.
Overtime Rules in Arizona
Working nights, holidays, and weekends does not qualify as overtime.
Only government employees qualify for comp time.
Employees can be required to work overtime.
Wage Complaint Filing Process
File a Complaint to the U.S. Dept. of Labor
File a Wage Complaint Form with the Illinois Dept. of Labor
Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified Arizona attorney or complete your own research to verify the laws to ensure accuracy.
Overtime Laws in Arizona
Arizona follows the Fair Labor Standards Act (FLSA). It does not have its own state overtime laws. The FLSA requires employers to pay non-exempt employees a rate of 1.5x their standard rate of pay for any hours worked over 40 in a single workweek. For example, if you are an employee that earns $10 per hour, once you reach 40 hours in a work week, your pay increases to $15 per hour. This usually covers salaried employees who earn less than $455 per week as well as hourly employees.
Does Working Nights and Weekends Count as Overtime Pay?
Employers in Arizona do not have to pay employees who work weekends and evenings overtime pay. They can, however, offer an increase in pay as an agreement between the employee and the employer.
When Can Comp Time Serve as a Substitute for Overtime Pay?
Comp time as a substitute for overtime pay may only be offered to government employees. Comp time is when an employer provides paid time off in exchange for hours worked over 40 as an alternative to paying overtime rates for non-exempt employees. While states and county employees may be allowed comp time, it is an FLSA violation to offer private employees comp time. It is also important to note that after 180 days, employees lose any unused comp time.
What Kinds of Employees Are Exempt from Federal Overtime?
If a business does not earn a minimum of $500,000, the FLSA does not apply. However, employees involved in interstate commerce, specifically, mail processing and credit cards, is an exception. These employees do qualify for overtime, regardless of the size of the business.
If an employee meets certain requirements based on job duties and salary, they can qualify as exempt. They must meet the U.S. Department of Labor’s requirements. Here are a few examples of these types of jobs:
“Learned Professionals”
Administrators
Commissioned Retail Employees (some types)
Executive Employees
Outside Salespeople
Taxi Drivers
Do You Think You Have a Case? Contact Lemberg Law for Counsel
If you feel that an employer has taken advantage of you or someone you care about, please get in touch with the Lemberg Law legal team. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for Federal and state wage law violations.
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."
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?
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.
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????
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?
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
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>>>
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.
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
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?