Wage and Hourly Claims in Phoenix, Arizona: How Do They Affect You?
We all work for money. It’s how we earn our income. So, what happens if your employer doesn’t pay you for your work? Is there a law that protects you? Can a lawyer help you when you’re in this situation? If you believe that you have a wage and hourly pay dispute, schedule a free consultation with The Foster Law Group. We understand the intricacies of wage and hourly pay laws. We understand the confusion, hurt, and strain that accompanies not getting paid as you should.
Is There a Federal Law That Protects Workers Like You?
Federal law protects workers like you to help ensure that they receive the compensation they worked hard to earn. These laws are regulated by The Department of Labor. When employers do not adhere to these federal laws, they can face serious legal repercussions.
The overarching federal law that protects you is the Fair Labor Standards Act, commonly referred to as the FLSA. It helps protect you in many ways. One of those ways is by ensuring that you receive the proper pay.
What Is Covered By the Fair Labor Standards Act?
As we mentioned, the Fair Labor Standards Act protects you in many ways. Here are some examples:
- The FLSA sets minimum wage at $7.25 per hour. However, states can also set their own minimum wage. If federal and state minimum wage laws conflict, you are entitled to the higher pay per hour.
- This law protects you when you work overtime as a full-time employee. Federal law defines overtime as employees getting paid time and a half for the time that they work that is over a 40-hour work week. However, this law does not require overtime pay for work on weekends, holidays, or scheduled days off unless that time would be over the scheduled 40 hours.
- Under the FLSA, employers must keep proper pay and time records. They must also display the official FLSA requirements poster in a conspicuous place.
- The FLSA also covers child labor. It’s written to protect educational opportunities and forbids jobs and conditions that can injure a child’s physical or mental well-being.
Does State Law Protect Workers with Wage and Hourly Claims?
The State of Arizona does protect workers who have certain wage and hourly claims. If you are owed no more than $5,000 and that amount was earned within one year, then you may file a claim with the State Labor Department. The State Labor Department will investigate your claim and may contact the employer.
The Labor Department also assists with earned paid sick time. They also provide the 2022 minimum wage amount of $12.80 per hour. Minimum wage will raise to $13.85 in 2023.
What Is the Most Commonly Litigated Wage and Hour Violation?
The most commonly litigated (and the most common claim filed) as a wage and hourly pay violation is overtime pay. This often occurs because employees are incorrectly classified. This could be an honest mistake made out of ignorance of worker classification or it could be done on purpose.
While hourly employees who work at least 40 hours each week are entitled to overtime pay for any time over that they work during the week, salaried employees do not receive overtime pay. Yet, many times an employer will have a salaried employee who works over 40 hours each week on a regular basis. This could be a violation of federal and state law, depending on the circumstances. So, it’s important that both an employee and an employer talk (separately) with a qualified wage and hourly pay lawyer to understand classifications and remedy the problem.
Another issue that has to do with overtime is simply not paying their overtime or not giving them the proper amount. In most states, the proper rate is 1.5 times their hourly rate. In some instances, it may be required that an employer pay an employee at twice their hourly rate. Some employers will average the hours over a pay period to avoid paying overtime, but this is not allowed. Overtime is paid on a week-to-week basis and not based on an average pay period.
What Does a Lawyer Who Focuses on Wage and Hourly Claims Do to Help Clients?
A wage and hourly wage lawyer can help you understand your rights, whether you’re an employee or an employer. For employees, you can get help with both state and federal claims as well as a better understanding of how these laws work for you.
For employers, a wage and hourly claims lawyer can help you better understand the laws that apply to you so that you do not violate them. They can also represent you during claims.
Free Consult: The Foster Law Group – Phoenix
Do you think you have a valid claim for pay in Phoenix? If so, schedule your free consultation with The Foster Group.