Unpaid Overtime Attorney
Unfortunately, denial of overtime pay, commonly referred to as wage theft, is a common occurrence across industries in Arizona. Employees have a right to overtime pay when they work longer hours than are expected of them, but many employees are unaware that they are being taken advantage of and are missing out on earned wages. However, this situation is unlikely to resolve itself without legal action. If you’ve been victimized by a company or employer that refuses to pay you overtime, our wage and overtime attorneys at JacksonWhite can help. Our Mesa, Arizona labor & employment law team will work with you to determine the best course of action for your specific case so that you can receive the financial compensation you are owed.
How Employers Avoid Paying Overtime
- Misclassifying overtime hours as regular daily hours worked, paying the standard hourly rate instead of the 1.5 times rate
- Misclassifying employees as an overtime-exempt employee when they are, in fact, owed overtime
- Logging hours between different workweeks or averaging them between two workweeks to avoid paying overtime for one week
- Requiring employees to work off the clock so that overtime hours are not properly tracked
How Employers Avoid Paying Overtime
Some employers cut corners to save money by avoiding paying their employees overtime. According to the Fair Labor Standards Act (FLSA), anything over 40 hours a week becomes overtime.
Typically, past this amount, employers are required to pay 1.5 times the hourly rate, which means it is your typical pay plus half of that amount. Arizona does not place a daily limit on the amount of overtime an employee can work as long as the overtime is provided over 40 hours per week.
Some ways that employers avoid paying overtime and bypass these laws include:
- Misclassifying overtime hours as regular daily hours worked, paying the standard hourly rate instead of the 1.5 times rate
- Misclassifying employees as an overtime-exempt employee when they are, in fact, owed overtime
- Logging hours between different workweeks or averaging them between two workweeks to avoid paying overtime for one week
- Requiring employees to work off the clock so that overtime hours are not properly tracked
If you feel that your employer has avoided paying overtime, you have several options available to you. If you are unsure of the proper next steps to take, then it’s important to talk with a qualified employment lawyer about your potential case.
What To Do If You Are Denied Overtime Pay
Ultimately, whether or not you can collect overtime is based on federal law, your specific job tasks, and how many hours you work every week. If you feel you’re entitled to overtime pay but it’s being withheld from you, you should take the following steps:
- Generally, workers are expected to go to their employers as a first step to discuss why they are not getting overtime pay for their work. You must make a case as to why you feel you are entitled to overtime and should have documentation to help argue your case.
- Next, you should contact the state labor board for the administrative procedure of filing a complaint.
- You may choose not to file a complaint with the state agency and instead file a suit against an employer for overtime violations. Competent legal advice can help you to pursue your case in court, if you so desire. Consult with an experienced employment attorney who knows the state and federal laws that apply to your case.
You may have a legitimate complaint against the employer that can be made in court. Our attorneys at JacksonWhite can help you build a case and navigate the legal system to recover the wages that are due to you under Arizona’s employment laws.
Keep in mind that some employees are not eligible to receive overtime pay. These include:
- Independent contractors
- Volunteer employees
- Certain salary-paid employees
- Detectives and criminal investigators
- Babysitters and paid companions
- A few other special niches (fishermen, newspaper deliverers, small farm workers)
Contact our team today to learn more about whether you have a case against your employer.
Benefits of Hiring an Overtime Pay Attorney
Pursuing legal action against an employer is no small feat, especially since employers often have access to an experienced legal team and considerable resources for building a case as to why you are not owed overtime. This can put you at a disadvantage before you even have a chance to present your case.
Having a skilled and experienced attorney by your side will give you the guidance and experience necessary to build a strong case for the compensation you are owed. Our team at JacksonWhite will work closely with you to pursue the best possible outcome, from supporting you in the negotiation process to representing you in court.
We’ll equip you with a strategy against your employer and advocate for you however possible, all while offering you peace of mind in what can be a complex and intimidating situation.
Our Approach to Unpaid Overtime Cases
- Perform a comprehensive review of your situation and assess your eligibility for unpaid overtime based on the available information
- Leverage our legal experience to analyze the legal options available
- Gather relevant documentation around your situation to gather evidence and build a case for the compensation you are rightfully owed
- Pursue a settlement from your employer through negotiation and mediation tactics
- Represent you in courtroom litigation to secure compensation for your unpaid wages
Potential Outcomes
Depending on the unique details of your unpaid overtime claim, there are several outcomes that can result from a case against an employer. Our attorneys at JacksonWhite can help you pursue the best possible outcome based on your circumstances.
Some of the potential outcomes that we can help clients from an overtime case include:
- Financial compensation – A financial compensation package ordered by the court can recover unpaid wages and overtime premiums.
- Future compliance – A lawsuit outcome can move an employer to comply with overtime laws in the future and prevent violations against others.
- Settlement agreements – Some cases can avoid courtroom litigation by negotiating an agreement with the employer to cover the owed wages and resolve the dispute.
- Legal costs coverage – In some cases, we can seek compensation from your employer for the legal costs required to pursue your unpaid overtime claims.
Still, every case is unique, and the possible outcomes can differ depending on the special circumstances. To learn more about the options available to you and the potential outcomes for your unpaid overtime case, contact our team at JacksonWhite.
Recover Wages That You Rightfully Deserve
Unpaid overtime is one of the most common forms of wage theft, and many employers take advantage of employees by withholding overtime pay that is rightfully deserved. When pursuing legal action against your employer, it’s important to have an employment attorney to help you navigate the legal processes and develop a strong strategy for your case.
At JacksonWhite Law we take the care and attention to detail to understand and build a case that maximizes your chances of receiving the compensation you deserve. Our overtime attorneys in Arizona offer a free initial case review to understand your options and provide you with the support you need in navigating the legal processes.
If you need help with an overtime dispute in Arizona, call our Employment Law team at (480) 464-1111 to discuss your case today.
Meet JacksonWhite Law
We are a full-service law firm focused on serving our clients.
As a premier law firm, we’ve helped thousands of Arizonans navigate the often daunting process involved in employment-based legal problems.
Contact us today to schedule your consultation.
