Unpaid Overtime

At Frankel Syverson PLLC, we have successfully represented thousands of workers in Arizona in recovering unpaid overtime wages. Our attorneys bring decades of combined experience handling these claims and have seen firsthand the many tactics employers use to avoid fairly compensating workers for their overtime hours.

Common Overtime Violations

Our firm has handled overtime wage cases involving a wide range of industries and violations, including:

• Failure to pay overtime: Employers paying “straight time” wages instead of the required time-and-a-half rate for overtime hours.

• Independent contractor misclassification: Employers improperly classifying employees as independent contractors to evade overtime obligations.

• Off-the-clock work: Requiring employees to perform tasks before clocking in, after clocking out, or during unpaid breaks.

• Mandatory off-duty work: Forcing employees to remain on premises during unpaid meal breaks or requiring job-related tasks during unpaid time.

• Incorrect overtime rate calculations: Failing to include non-discretionary bonuses, incentive pay, or hazard pay when calculating the overtime pay rate.

• Exempt employee misclassification: Mislabeling workers as “exempt” salaried employees when their job duties do not meet the legal criteria for overtime exemption.

• Unpaid “on-call” time: Requiring employees to be on-call without compensation, while severely limiting their ability to use that time freely.

• Unauthorized overtime without pay: Discouraging or prohibiting overtime work, but still requiring or allowing employees to perform it without proper compensation.

• Improper recording of work hours: Failing to accurately track all hours worked, leading to unpaid overtime.

Examples of Specific Overtime Wage Violations We’ve Handled

Our Arizona employment attorneys have extensive experience representing workers who have encountered a wide range of overtime wage violations in different industries, including:

• Call center employees: Required to spend 10–15 minutes each shift booting up software and systems before clocking in, resulting in unpaid overtime.

• Healthcare workers and caregivers: Denied proper overtime rates because hazard pay, shift differentials, or non-discretionary bonuses were excluded from their overtime calculations.

• Construction and manufacturing employees: Required to don and doff protective gear or load equipment before clocking in and after clocking out without pay.

• Sales representatives: Inside sales staff whose commissions and incentive bonuses were omitted from overtime rate calculations, unlawfully reducing their pay.

• Laborers and field workers: Not paid for time spent traveling between job sites during the workday after collecting tools and materials.

• Workers misclassified as managers: Employees given a “supervisor” title to avoid paying overtime despite performing non-exempt manual labor or routine tasks.

• Employees subject to on-call restrictions: Workers forced to remain on-call, with restrictions that prevent meaningful personal time, without proper compensation.

• Unauthorized overtime enforcement: Employers prohibiting overtime but knowingly allowing employees to work it, then refusing to pay for those hours.

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 overtime.

• 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

When your employer fails to pay you the overtime wages you have earned, you have legal options to recover what you are owed. Under the Fair Labor Standards Act (FLSA):

• Most employees who work more than forty hours in a workweek must be paid at one and a half times their regular hourly rate for all additional hours worked.

• You may be entitled to recover not just the unpaid overtime but also an equal amount in liquidated damages (essentially doubling your recovery in eligible cases).

• The law requires your employer to pay your attorneys’ fees and costs if you successfully recover unpaid overtime through legal action.

Strict protections exist to prevent employers from retaliating against employees who assert their legal rights to overtime pay.

If you believe your employer has deprived you of legally earned overtime wages, we strongly encourage you to contact our office to discuss your situation and learn what legal options are available to you.

Frequently Asked Questions (FAQs)

Who is eligible for overtime pay under the FLSA?

Non-exempt employees are entitled to overtime pay for hours worked over 40 in a workweek. Exemptions apply to certain roles, such as executive, administrative, professional, and outside sales positions, but for the employer to qualify for the exemption from paying the employee overtime, they must meet specific criteria related to job duties and sometimes salary thresholds. 

Does being salaried automatically exempt me from overtime pay?

No. Being paid a salary does not automatically exempt an employee from overtime pay. Eligibility depends on job duties and salary level. For instance, salaried employees earning less than $684 per week are generally non-exempt and eligible for overtime. Also, if you’re titled a “manager” but don’t really have managerial duties, you’re probably entitled to overtime.  What matters is how you actually perform your job.

Can I receive overtime pay without prior approval from my employer?

Yes. Employers are required to pay for all hours worked, including unauthorized overtime, if they knew or should have known the work was performed. Employees cannot waive their right to overtime pay. 

Is overtime pay required for working weekends or holidays in Arizona?

Not necessarily. Overtime pay is mandated only when an employee works more than 40 hours in a workweek, regardless of whether those hours include weekends or holidays. 

Can I be retaliated against for filing an overtime claim?

No. The FLSA prohibits employers from retaliating against employees who assert their rights to overtime pay. This includes protection against termination, demotion, or any form of discrimination.

Does Arizona have daily overtime requirements?

No. Federal law governs overtime in Arizona and overtime is required when an employee works more than 40 hours in a week.  There are not daily requirements in Arizona like there are in other states.

What should I do if I believe I'm owed unpaid overtime?

If you suspect that you're owed unpaid overtime, it's advisable to consult with an experienced employment attorney to evaluate your case and discuss potential legal actions.