Question

Do Arizona Salaried Employees Get Overtime Pay?

Michael Zoldan

Answered by:
Michael Zoldan

Located in Scottsdale, AZ
The Zoldan Law Group PLLC

Michael Zoldan - Employment Litigation - Super Lawyers

Answered by: Michael Zoldan

The Zoldan Law Group PLLC
Scottsdale, AZ
Phone: 480-442-3410
Fax: 480-442-3410

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Answer

Some salaried employees are entitled to overtime pay, and some are not. If you are a salaried employee, your eligibility for overtime pay depends on a number of factors, including: 

  • How much you are paid annually
  • The basis of your salary
  • Your job duties 

It is a myth that all salaried employees are exempt from overtime pay. Still, some employers in Arizona try to avoid paying overtime by simply paying a salary instead or by misclassifying the employee as a manager, administrator or supervisor. 

An employee who has been erroneously “promoted” to a salaried, managerial position may be entitled to significant financial compensation and other benefits denied by the employer. If you believe you have been misclassified as a manager or otherwise denied the overtime pay you are owed, an experienced employment law attorney can thoroughly investigate your situation and determine whether your overtime rights have been violated. 

Exemption from overtime pay is based on more than job title. 

Just because your employer has promoted you to a salaried, managerial position does not necessarily mean that you are exempt from overtime pay. For you to be exempt, the following requirements must be met: 

  • Your salary basis must be at least $455 per week.
  • Your salary must be the same each week, regardless of the quality or quantity of work done in a given week.
  • Your job duties must include directing the work of at least two employees.
  • You must not be subject to pay deductions for normal business losses.
  • You must be allowed to help make hiring/firing decisions. 

What are the legal options for salaried workers who have been denied their rightful overtime pay? 

With regard to unpaid overtime, an employer’s misconduct can be challenged in a number of ways. If you suspect your overtime rights have been violated, speak with an employment law attorney about the following steps that could lead to the full compensation you are owed: 

  • Filing a letter of demand
  • Filing a complaint
  • Representing you in negotiations with your employer
  • Taking your case to trial 

In general, it is important for you to be aware of your correct classification as an employee and to know your rights with regard to overtime pay. In far too many instances, salaried employees endure massive financial losses due to employer misconduct such as intentional misclassification, and employers will sometimes go to great lengths to mislead employees about their rights. An employment lawyer can clarify your rights and help you determine the best path forward.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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