Arizona Overtime and Wage Laws

Arizona Overtime and Labor Laws

Minimum Wage Regulations

In November 2016, Proposition 206 was passed increasing the Arizona minimum wage to $10 per hour effective January 1, 2017. It will increase to $10.50 for 2018, $11 for 2019, and $12 for 2020. It will be adjusted for the cost of living starting in 2021.

The previous minimum wage rates in Arizona were $8.05 per hour for 2015 and 2016 and $7.90 per hour for 2014.

When an employer claims a tip credit, it may pay up to $3.00 per hour less than minimum wage to employees who customarily and regularly receive tips, as long as the tips plus wage is not less than the minimum wage. The following classes of individuals are not subject to Arizona’s minimum wage:

  • Employees who work for a parent or sibling
  • Employees who provide babysitting services in the employer’s home on a casual basis
  • Employees employed by the government of the United States or by the State of Arizona
Overtime Regulations

Arizona follows the Federal law. Employers must pay all non-exempt employees overtime pay for all hours worked in excess of 40 in a workweek at one and a half the employee’s regular wage.

Specific Exemptions from the Overtime Requirement

If an exemption from the overtime requirement is met by an employee, his or her employer does not have to pay overtime. The most common exemptions to the overtime pay requirement are usually for:
  • Drivers
  • Farmworkers
  • Partsmen and mechanics
  • Administrative employees
  • Executive employees
  • Professional employees
Holidays / Vacation / Sick Leave

In Arizona, employees may work on weekends or holidays without receiving additional pay. Employers are also not required to offer holiday or vacation paid time off. Because these policies are at the discretion of the employer, a “use-it-or-lose-it” vacation policies requiring employees to use vacation days by a set date or lose them is permissible, so long as the employee has a reasonable time to use the vacation.

In November 2016, Arizona passed the Fair Wages and Healthy Families Act which requires employers provide paid sick leave.

Arizona employers with 15 or more employees must allow employees to accrue up to 40 hours of earned paid sick time per year for every 30 hours worked. Employers with fewer than 15 employees must allow employees to accrue up to 24 hours of earned paid sick time per year for every 30 hours worked.

Meal Breaks / Rest Periods

Arizona law does not regulate or require employee breaks or lunch periods. However, if breaks are given, employers must follow the Federal requirement that when breaks of 20 minutes or less are given, they must be paid. If the employee is relieved of all duties, meal breaks of 30 minutes or more may be unpaid.

Jury Duty

Employers are not required to pay employees while complying with a jury summons or serving on a jury, but the employees may not be discharged for these reasons. Employers may not require employees to use vacation or sick leave to comply with a jury summons. Further, employees may not lose seniority while serving on a jury.

Reporting Time Pay

Neither Arizona nor the Federal law requires payment if an employee reports to work expecting to work for a certain number of hours but does not get to work their full schedule.

Pay Periods

Under Arizona law, all Arizona-based employers must pay their employees at least twice per month, no more than 16 days apart. If a payday falls on a holiday, the employer must pay the employee prior to the scheduled payday.

Severance Pay

Arizona does not require employers to provide severance pay, but discharged employees must receive all due wages within three working days or by the end of the next pay period, whichever is sooner. Employees who quit must be paid all due wages by the next payday.

Deductions

Arizona does not address specifically types of deductions that may be taken but the FLSA states that deductions cannot reduce an employee’s wage below minimum for items such as shortages, uniforms, trade tools, or damaged goods.

Statute of Limitations

The statute of limitations is the same as under Federal Law in that overtime claims can be made for the prior 2 years and 3 years if the violation is willful.

State Law Remedies / Penalties

The same remedies as Federal law for overtime violations are available in Arizona. In most cases, a plaintiff is entitled to an additional award of liquidated damages equal to the amount of unpaid overtime, meaning its possible to receive two times the amount of unpaid overtime. A successful plaintiff can also be awarded attorney’s fees and expenses.

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