Practice Area

Unpaid Wage Litigation

Your voice to recover

Unpaid Wages

At Frankel Syverson PLLC, we understand the significant impact that unpaid wages can have on employees and their families. Our experienced team of employment lawyers is dedicated to fighting for the rights of workers, ensuring they receive the compensation they rightfully deserve.

If you have not been paid correctly for your work, we are here to help. We have extensive experience handling cases involving unpaid overtime, minimum wage violations, failure to timely pay wages, Paid Sick Time violations, and improper handling of tips.

! Reminder:
Arizona minimum wage for 2025 is $14.70 per hour, adjusted annually for cost of living. Off-the-clock work or unauthorized deductions that reduce pay below minimum wage violate federal and Arizona law.

Our Arizona Unpaid Wage Attorneys Have Extensive Experience

At Frankel Syverson PLLC, we've successfully represented Arizona workers across numerous industries in recovering their unpaid wages. Our experience includes cases involving:

  • Off-the-clock work violations: Workers forced to perform duties without compensation, such as loading computer systems, preparing equipment, completing reports, or working through lunch periods without pay.

  • Call center employees' wage theft: Representatives required to spend more than 10 minutes daily loading computer systems or reviewing materials before officially clocking in, resulting in significant unpaid time each week.

  • Manufacturing and construction worker violations: Employees required to put on and remove mandatory protective equipment without being compensated for that necessary preparation time.

  • Independent contractor misclassification: Workers incorrectly labeled as independent contractors when they should be classified as employees, denying them benefits, minimum wage, and overtime despite being controlled by and dependent on the company.

  • Improper exempt classification: Employees wrongfully classified as "salaried exempt" to avoid paying overtime, even though they perform routine duties rather than true managerial or professional work

  • Sales team compensation violations: Inside sales employees whose commissions, bonuses, and incentive pay should have been—but weren't—included in calculating their overtime rates.

  • Healthcare worker and caregiver underpayment: Medical staff, such as caregivers, whose hazard pay and other premium payments were illegally excluded from overtime rate calculations.

  • On-call time violations: Workers required to remain available during unpaid periods in a state of being "engaged to wait" (legally compensable time under federal labor law).

  • Transportation and field service wage theft: Laborers not paid for drive time after picking up equipment at a central location before traveling to various job sites.

  • Illegal paycheck deductions: Workers whose paychecks fell below Arizona's minimum wage requirements due to improper deductions for training costs or other expenses.

How Our Attorneys Can Help You

At Frankel Syverson PLLC, we offer guidance through the legal process of recovering unpaid wages:

  • Initial Consultation: We evaluate your specific situation and explain your legal options regarding unpaid wages or overtime.

  • No Out-of-Pocket Costs in Some Cases: Under applicable wage laws, the employer is required to pay for the employee's attorneys' fees and costs in successful cases. 

! Reminder:
Under Arizona wage laws and FLSA, successful plaintiffs recover attorney's fees from the employer. This could mean no upfront costs, and your employer pays our legal fees when we win your case in some circumstances.

  • Documentation Review: We help assess your employment records, pay stubs, and other relevant documentation.

  • Legal Representation: Our attorneys handle the legal aspects of your wage claim, from filing necessary paperwork to representing you throughout the process.

  • Pursuing Available Remedies: We seek all legally available remedies, which may include unpaid wages and potential liquidated damages in certain cases.

Legal Protections

  • Federal and state laws provide retaliation protections for employees who assert their rights for unpaid overtime and minimum wage. These legal protections are an important consideration when deciding whether to pursue a claim for unpaid wages.

  • If you believe you have unpaid wages or overtime, we encourage you to contact our office to discuss your specific situation and the potential legal options available to you.

What our clients are saying

“Because of Ty, I was able to speak up.

When we first spoke about my situation, I could tell he was going to work hard. He saw right away that what I had been dealing with wasn't right. The violation [of my rights] was there, and he decided to take my case on.

Ty was great. He treated me like a friend but always acted as a concerned attorney. He kept me involved through the whole process so I would know everything that was going on.”

Greg H.
Unpaid Wage / Class Action Litigation

FAQ

Can I sue my employer for unpaid wages in Arizona?

Yes. Under Arizona law and federal law, employees have the right to be paid for all hours worked. If you have not been paid correctly for your work, legal options are available to recover unpaid wages.

How much does it cost to hire Frankel Syverson PLLC for an unpaid wage case?

Although this is case-specific, for most unpaid wage cases we bring, you typically pay nothing upfront or out-of-pocket. The law makes your employer pay your attorney's fees when you win your case. This means:

  • We don't ask you for money to start your case.

  • We don't bill you monthly.

  • We only get paid if we recover money for you.

  • Your employer, not you, pays the legal fees.

What are "liquidated damages"?

Under the FLSA, if an employer improperly withheld wages, they might have to pay double the amount owed as liquidated damages, plus the original wages.

💡 Tip:
Federal law allows double damages for violations when an employer cannot show a good faith basis for withholding the wages. This means you can recover the original unpaid wages plus an equal amount in additional compensation.

What compensation can I recover in an unpaid wage lawsuit?

If you win your case, you may receive:

  • All the wages your employer should have paid you.

  • In certain cases, damages allowed by statute may be available.

  • Attorney's fees and costs to be paid by the employer in successful cases.

  • For violations of timely payment requirements, additional remedies may apply.

The exact amount depends on your specific situation and which laws apply to your case.

Will I lose my job if I sue for unpaid wages?

Federal and state laws prohibit employers from retaliating against employees who assert their wage and hour rights related to unpaid overtime and minimum wage. Retaliation can include the following:

  • Fire you.

  • Cut your hours.

  • Demote you.

  • Harass you.

  • Take any negative action against you because you asked for your overtime and minimum wage.

If your employer does punish you, that's against the law, and you may have an additional claim for compensation.

What kinds of unpaid wage problems do you help with?

We help workers who didn't receive proper pay, including:

  • Not being paid for overtime hours

  • Being paid less than minimum wage

  • Not receiving your final paycheck on time

  • Not getting paid for sick time

  • Problems with tips not being handled correctly

  • Being wrongly called an "independent contractor" to avoid paying overtime or minimum wage

  • Being forced to work before clocking in or after clocking out

  • Not being paid for mandatory training time

  • Having deductions that drop your pay below minimum wage

Take action

to Recover Your Unpaid Wages

If you believe your employer has failed to pay proper wages, our experienced employment attorneys are ready to help. With deep experience in wage and hour law and a commitment to protecting workers' rights, we'll fight to recover every dollar you're owed.

There's no risk to you. We handle most unpaid wage claims on a contingency basis, meaning you pay nothing out-of-pocket, and our fees are often paid by your employer when we win your case.

Contact us today for a free, confidential consultation about your unpaid wage claim, or complete our online form to have an attorney contact you.

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