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Arizona Wage and Hour

Are you an independent contractor or an employee?

To determine if you are an independent contractor or an employee, the law considers the following:

  1. Does the company have control or the right to control what the worker does and how the worker does their job?

  2. Are certain aspects of the worker’s job such as how the worker is paid and whether tools and supplies are provided controlled by the payer?

  3. Are there written contracts or employee benefits like insurance or vacation pay? Is the relationship continuous and is the work performed a key aspect of the business?

Our experienced employment legal team can categorize your employment, determine the amount of lost wages and other compensation, and help you get the money you deserve.

Federal and State Laws Apply

Arizona workers deserve to be compensated fairly for the hours they work and benefits that are due to them. When workers are subjected to illegal wage and hour practices, an experienced Arizona employment lawyer can help them get the compensation that is owed and hold the employer responsible for violating state and federal laws.

Employee Classification

Under the law, employees are defined as “any individual employed by an employer.” Although this seems to be straightforward, there are subtle differences in employment classification status that make a huge difference in compensation. Non-employees are often exempt from wage and hour laws, giving them less protection against illegal practices.

Sometimes employers accidentally misclassify employees as being exempt from wage and hour laws or as independent contractors.

However, because employers can save a significant amount of money by doing so, some employers intentionally illegally misclassify their employees.

When misclassification is intentional, there is a three-year retrospective review to discover other potential violations, which can further increase the amount of compensation you are due.

Examples of Illegal Treatment

Arizona employees are protected against illegal treatment by both state and federal laws. Collectively, these laws make the following practices illegal:

  • Unpaid wages

  • Unpaid overtime

  • Uncompensated lost benefits

  • Misclassification of employee

  • Unpaid training

  • Unpaid work or off-the-clock work

  • Other illegal wage and hour practices

FLSA Overtime Requirement

Overtime compensation can account for a large amount of a worker’s pay. Under the Fair Labor Standards Act (FLSA), all non-exempt employees must be paid 1 ½ times their regular wage any time their hours exceed 40 in a workweek. Employers have been known to misclassify their employees as one of the following to avoid paying overtime:

  • Administrative

  • Executive

  • Professional

If your employer has avoided paying you overtime, an Arizona employment lawyer can help you get the unpaid wages that you have earned.

Resolve your wage and hour dispute here.

At Robinson Law Offices, we believe that every Arizona employee has the right to fair wage and hour compensation. That’s why we pride ourselves on our commitment to protect workers and their jobs from illegal practices.

We offer one-on-one consultations with an experienced Arizona employment lawyer and specialized knowledge of federal, state and local laws. To schedule a consultation with a wage and hour employment lawyer, contact our office today.

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