Wage and Hour Disputes

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Wage and Hour Attorneys

On January 1, 2019, the Arizona minimum wage increased to $11/hour.  Employees in Arizona should be aware that Arizona’s minimum wage will increase from $10.50/hour to $11/hour beginning in January of 2019.  Employers of tipped employees are permitted to pay up to $3.00 less than the minimum per hour, but only if the employee averages at least $11.00 when tips are included.  All across the state, from Flagstaff to Phoenix/Scottsdale and down to Tucson, employers are required to make this change.  

The change will further widen the gap between Arizona minimum wage and federal minimum wage, which is currently $7.25/hour.  Unfortunately, many employees in Arizona and across the country continue to accept underpayment of wages because they are afraid of losing their jobs.  Not surprisingly, employers continue to take advantage of this problem, cutting corners and denying employees full pay to save themselves millions of dollars.

What Employees Need to Know

The Fair Labor Standards Act, or FLSA, requires employers to maintain accurate records of the hours worked by their employees.  Likewise, the State of Arizona requires employers to keep time records.  Furthermore, the employer must pay its employees for time spent travelling between jobsites during the workday.  If you believe your employer is not keeping accurate records of your hours, or you are not being paid for every hour you work, you may be entitled to relief.

    Meal Breaks Are Not Work Time

    Is your employer deducting 30 minutes for lunch breaks?  If so, you should be completely relieved of duty during that time period.  If your employer is deducting time for lunch without ensuring that you are completely off duty for that time period, you may be entitled to relief.

    Pay Requirements at Termination

    The FLSA and the state of Arizona require employers to pay employees within seven days of termination or by the next regular payday, whichever is sooner. Your employer is not permitted to miss a payday, even if it makes payment shortly thereafter.  If you believe your employer failed to pay on time, contact an experienced wage and hour attorney.

    Overtime Pay Requirements

    The FLSA requires employers to pay their employees one and one-half times their regular hourly rate for each hour worked over 40 per workweek.  Do not hesitate to contact an attorney if your employer fails to pay you for earned overtime hours.

    Independent Contractor Misclassification

    If your employer pays you as a 1099 independent contractor, but controls your hours worked and the manner of your work, you may be misclassified. Likewise, if you are being paid a salary to work a non-managerial position largely controlled by your employer such that you are economically dependent upon the employer, it is possible you have been misclassified. Misclassification is a serious and abusive act employers engage in for purposes of denying overtime pay, weakening labor unions, and taking advantage of employees to increase their profits.

    The attorneys at GillespieShields are an excellent choice for Phoenix and Tucson area employees with wage disputes and will work extremely hard to ensure your employer is held accountable for potential wage and hour violations. Contact us today to schedule a consultation.

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