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Martin & Bonnett, Phoenix Employment Lawyers
602-240-6900

Wages and Overtime

FLSA Wages and Overtime

We diligently represent clients who are involved in overtime disputes and wage and hour claims or have been misclassified as independent contractors.

Read about some of our Wage and Hour cases.

An employee who works a minimum amount of hours generally is entitled to be paid for that time. While that seems like a simple concept, many employers still find ways to deny hardworking employees all of the wages they earn and are entitled to receive.

Independent Contractor Misclassification

It is common for employers to misclassify employees as independent contractors in order to avoid the costs of employment taxes, workers compensation insurance, healthcare and other benefits, etc. Employee misclassification is not only a violation of federal and state law; it also imposes serious consequences on the misclassified employee:

  • You do not receive the legal protections to which an employee is entitled.
  • You are not covered by workers compensation insurance.
  • You are not credited with employee or employer contributions that provide the basis for your Social Security benefits.
  • You can be terminated at any time, regardless of cause.
  • You do not receive retirement, healthcare, disability or other benefits to which an employee is entitled.
  • Because taxes are not withheld from your paycheck, you are liable for self-employment taxes and other costly financial obligations.

Misclassified as Exempt from Overtime

The Fair Labor Standards Act (FLSA) governs wages, overtime and salary disputes. These claims are usually brought before a federal court. Securing the services of an attorney with experience will greatly enhance your chances of recovering all wages, salary and overtime you are entitled to receive.

Employees who are not exempt from overtime laws should never be asked to work off the clock or have their breaks or lunch times considered as time they are at work. We have successfully handled cases where employees were deprived of the right to leave their work premises during lunch or break, yet were denied pay for this time.

Minimum Wage

The federal minimum wage provisions are contained in the FLSA. Since 2009, federal minimum wage for covered nonexempt employees has been $7.25 per hour. Many states also have minimum wage laws; in Arizona, the minimum wage is $8.05. In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages.

The law allows for payment of less than the full minimum wage apply to workers who receive tips, workers with disabilities, full-time students, and student-learners employed pursuant to sub-minimum wage certificates.

If you are a covered nonexempt employee, and your employer has paid you at an hourly rate that is below the required minimum wage, you may file a complaint with a local office of the U.S. Department of Labor’s Wage and Hour Division. If the complaint process does not result in your receiving wages to which you believe you are entitled, you may file a civil lawsuit.

Unlawful Payroll Deductions

If you are a wage-earner and not exempt from overtime pay, your employer may generally make deductions from your wages for things such as property damage, cash shortages, tools, required uniforms, loan repayments, etc., provided the deduction does not reduce your pay below minimum wage for the workweek. Your employer also make deductions from your paycheck to repay an advance or a loan. Similarly, for salaried, non-exempt employees, employers may make payroll deductions for certain items.

However, while some deductions are permissible, others are not. If you believe that your employer has made an illegal payroll deduction from your paycheck, you can file a complaint with the U.S. Department of Labor. Before doing so, you should meet with an experienced employment attorney, such as the attorneys at Martin & Bonnett, to learn whether your employer has in fact made an illegal payroll deduction.

Federal law prohibits your employer from retaliating against you for making a complaint alleging a paycheck deduction, even if your complaint is denied.

Commissions and Bonuses

Management-level employees are often wrongfully denied earned bonuses and commissions, an integral part of their compensation, because they left their employer for another job or for other reasons.

Martin & Bonnett attorneys are experienced in representing employees in claims for unpaid bonuses and commissions.

Read about some of our Wage and Hour cases.

Employees Only

Employers who violate their employees' rights need to be held accountable.

Unlike many employment lawyers who are willing to represent either side in an employment dispute, we exclusively represent employees.

Cases and Investigations

Read about our current and recent FLSA Wages and Overtime investigations and cases.

Do You Have a Case?

Many employees may be unaware that they have a claim or do not know how to pursue a claim. Therefore, it is important to consult with an experienced employment law attorney to determine whether you have a claim and what your legal options are.

For more information, contact us at 602-240-6900 or 800-952-4750, or use our convenient, confidential Contact Form.

More

Frequently Asked Questions about the Fair Labor Standards Act (FLSA)


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