A class action is an appropriate type of lawsuit to use when an employer has violated the rights of many employees in a similar manner, such as unpaid overtime. Class actions can be beneficial since it is possible to efficiently fix injustices done to a large group of workers and avoids the costs associated with bringing an individual lawsuit, which can end up outweighing the benefits. If you or a loved one believes you have an unpaid overtime claim that could become a class action, contact Weiler Law PLLC today and speak with an Arizona class action lawyer regarding your potential claim.
Why Choose Our Firm?
- We are committed to providing our clients with highly effective legal counsel and to efficiently achieving their desired results.
- We dedicate ourselves to protecting and fighting for employee rights.
- Our class action lawyers have the knowledge and strong litigation skills necessary to hold your employer accountable.
Arizona’s Overtime Laws
Arizona employers are required to pay employees overtime wages when they exceed 40 hours of work in a week, which is seven consecutive days as defined by the Fair Labor Standards Act (FLSA). Unlike some states, Arizona does not have a set limit on the amount of work hours that can be completed in a day before overtime wages are owed.
Overtime wages must be one and a half times an employee’s normal hourly wage. For example, if an employee is earning minimum wage, $13.85 an hour, then overtime minimum wage would be $18.23 per hour.
Common Overtime Class Action Claims in Arizona
Misclassified as Exempt or Salaried
Employees in an executive, administrative, or professional position are exempt from overtime and minimum wage requirements. Employers may misclassify an employee as exempt or in a salaried position on accident or to purposefully avoid paying overtime wages. Either way, if a misclassified employee has been working overtime hours as exempt, they may be owed a substantial amount in overtime wages.
Employees should be compensated for any “off-the-clock” work. Work completed before normal work hours begin or after they end must be accounted for.
Automatic Deduction of Lunch Break Time
If an employer automatically deducts a lunch break, but the employee is required to work through it.
Improper Overtime Rate
The overtime rate may be improperly calculated due to the failure to factor in non-discretionary pay into the overtime rate.
Some employers may pay their employees a flat hourly rate, without taking into account how many hours the employee has worked. For example, an employer may pay the normal hourly rate to an employee who has worked over 40 hours in a work week.
How Overtime Class Actions Are Formed and Why You Need a Lawyer
Under the FLSA, a worker filing a claim for an unpaid overtime violation must first find other employees, currently or previously employed, that have found themselves in a similar scenario. Then the employee may file the class action lawsuit and will have to circulate a complaint filing sheet provided by the civil court to the potential class members in order for them to join in. In an effort to make the dissemination process easier, the court may assist by requiring the employer to post a notice and supply opt-in forms, as well as provide employee contact information.
Class action lawsuits can be very complex to navigate, and in addition, a strong case will be needed to go up against an employer’s legal team. A class action lawyer will have considerable resources to investigate and substantiate your claim. By hiring a lawyer with significant experience in handling similar cases, your chances of receiving a large settlement will increase.
Speak to an Overtime Class Action Lawyer at Weiler Law PLLC
If you believe you are one of many who have been legally wronged by an employer who has withheld or miscalculated overtime wages, consult with an overtime class action lawyer at Weiler Law PLLC. We will help you recover the compensation you are owed for the overtime pay you have been denied.
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