Employers and employees alike must understand overtime laws. Employers have to ensure that they adhere to the requirements, as even inadvertently failing to compensate employees appropriately can lead to significant fines. Employees need to know their rights to overtime pay, so that they can be sure that they are getting the compensation they are entitled for their work. Overtime rules can be complex, so consult with a labor attorney if you have questions about how they apply to you. Here is what you need to know.
Overtime laws can be both federal and state mandates.
The federal government has overtime laws that apply to every state. However, some states have also adopted their own overtime laws. Employers must pay their employees whichever overtime rate is greater between federal and state requirements. In Arizona, there is no additional state law regarding overtime, so the federal law applies.
Overtime applies to non-exempt employees.
Overtime laws apply to any employee who is not considered an exempt employee under the Fair Labor Standards Act, or FLSA. Typically, people who earn a salary of at least $455 a week, even if part of their work is compensated via hourly pay, are considered to be exempt. Non-exempt employees, such as hourly wage workers without any salary or without a salary that equals $455 a week, are entitled to overtime for every hour over 40 hours worked per week. Federal law defines overtime as one-and-a-half time an employee’s pay. Employers can pay more, but they cannot pay less.
Overtime pay is not required for working undesirable hours.
The federal law does not require employers to pay overtime pay or any other kind of compensation for working weekends, nights, or holidays. However, if an employer provides these benefits as a term of employment, then he or she must honor that agreement.
If you have more questions about overtime rules or other employment issues, speak to a labor law attorney in Tucson at Mesch Clark Rothschild. Our experienced attorneys can help you navigate complex labor issues with ease. Call (520) 624-8886 to learn more.
