the Fair Labor Standards Act ("FLSA")
The FLSA protects you from substandard wages and opressive working conditions
The Fair Labor Standards Act (also called the "FLSA") prescribes standards for minimum wage and overtime wages. It applies to most employees in almost all industries–both public and private.
Congress enacted the FLSA in 1938 with the goal of protecting all covered workers from substandard wages and poor working conditions.
The FLSA requires employers to pay their employees at least the federal minimum wage ($7.25/hour) and to pay one-and-one-half times the regular rate of pay for all overtime (time worked in excess of 40 hours per week).
The Arizona minimum wage is $10.00/hour
The current Arizona wage, as of January 1, 2017, is $10.00 per hour.
Arizona law, Arizona Revised Statutes § 23-363, requires all employers to pay their employees at least the Arizona mnimum wage.
Because Arizona's minimum wage exceeds the Federal minimum wage, Arizona's minimum wage supersedes and controls what employers must pay. This means that no covered employee in Arizona can be paid less than $10.00, with the exception of certain tipped employees (see below).
The effective Arizona minimum overtime wage is $15.00 (or 1.5x your regular hourly rate)
Arizona law, Arizona Revised Statutes § 23-363, requires all employers to pay their employees at least the Arizona minimum wage.
In turn, the FLSA (29 U.S.C. § 207), requires employers to pay one-and-one-half times the regular rate of pay for all overtime worked.
OVERTIME = ALL TIME WORKED IN EXCESS OF 40 HOURS/WEEK
While the effective minimum overtime wage in Arizona is $15/hour, your employer is required to pay you AT LEAST one-and-one-half times (1.5x) your regular rate of pay for all time worked in excess of 40 hours per week.
Any employer that fails to pay overtime is liable for improper payment of wages under Arizona and Federal law.
The FLSA is your best weapon against a crooked employer who doesn't pay.
Many employers want the best of both worlds – they want to pay you as little as possible and get the most work out of you that they possibly can. They think they can get away with it, too, because most employees won't do anything about it.
Some common FLSA violations by employers include:
Failing to pay proper minimum wage;
Failing to pay overtime for all time worked over 40 hours per week;
Requiring off-the-clock labor;
Not paying a last paycheck;
Improperly paying the tipped employee hourly rate (see below)
If you win your case, the FLSA requires your employer to pay you:
Twice the amount you're owed;
All of your attorney fees; and
I think my employer has violated the FLSA or AZ employment law. What can I do?
The FLSA allows you to recover:
Back Pay (unpaid wages owed to you),
An Additional Equal Amount of Back Pay (thus, totaling TWICE the amount of unpaid wages owed to you),
Attorney Fees & Costs incurred in pursuing your unpaid wages.
If you believe you have a claim, speak with an attorney immediately regarding your rights and options.
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