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Unpaid Overtime

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Unpaid Overtime

Most workers in the United States are entitled to overtime. This often includes employees who think they are not entitled to overtime simply because their employer does not pay on an hourly basis or claims that the job category does not qualify for overtime.

In Arizona, overtime cases are usually governed by the federal Fair Labor Standards Act, which requires that most workers be paid time and a half their regular rate of pay for hours they work over forty in a workweek.

Importantly, this statute also allows employees to recover their attorneys’ fees and costs when bringing a lawsuit for unpaid overtime, which means there is zero out-of-pocket cost to you when hiring our experienced overtime lawyers at Frankel Syverson PLLC.

We have helped thousands of workers recover unpaid overtime they are due. In every case, we fight hard to maximize the workers’ recovery and help as many workers as possible. With decades of experience handling claims for unpaid overtime, we have learned how companies often violate the overtime requirements set by federal law, many of which workers may not even know about.

The following list describes common overtime violations we have seen that result in workers not getting paid all the overtime wages they are due:

  • Failure to pay overtime: Paying employees straight time instead of time and a half for hours worked over forty in a workweek.

  • Independent contractors: Misclassifying workers as independent contractors to avoid paying them overtime.

  • Off-the-clock work: Requiring employees to work time off the clock without compensation for it.

  • Mandatory off-duty work: Employers may require employees to stay on-site during unpaid meal breaks or breaks which should be uninterrupted and free from work duties.

  • Calculating overtime at an improper rate: Examples include failing to account for non-discretionary bonuses in the overtime rate and failing to account for hazard pay in the overtime rate.

  • Misclassification of employees: Misclassifying employees exempt from overtime when they are not, such as misclassifying workers as “management” when their duties are routine labor similar to non-management employees. 

  • Unpaid “on call” time: Requiring employees to be “on-call” without compensation but strictly limiting what they can do during that time. 

  • Unauthorized overtime: Employers may discourage or explicitly prohibit employees from working overtime but still require or allow them to do so. In such cases, employees should typically be paid for overtime worked.

  • Miscounting work hours: Employers may fail to accurately record or count all hours worked by employees, resulting in unpaid overtime.

If you believe you have been deprived
of wages you earned, it's time to take action.

Our skilled employment lawyers are here to help you understand your rights, assess the viability of your case, and guide you through the process of initiating legal action for unpaid wages.

Contact us today to schedule a consultation and take the first step toward reclaiming what you are owed.