Employees have some protections granted to them by Federal and State law. One of these protections is the establishment of a minimum wage. Under Arizona minimum wage law an employers must pay an employee at least $8.05 per/hour. This is higher than the Federal minimum wage law which is $7.25 per/hour. However, the Arizona minimum wage law does not apply to all workers. For instance, the law does not apply to individuals who provide services on a casual basis such as babysitting or to an individual who is employed by a family member. Also, individuals employed by the State of Arizona or the United States government and also some employees who work for small businesses are exempt. (See Arizona Minimum Wage Act) Additionally, if a job is one where tips are frequently given, then an employer may pay up to $3.00 less per hour, if they can show that on a weekly basis, the employees are receiving at least minimum wage. If you are an employer or an employee and have specific questions about exemptions, contact the legal team at Udall Shumway PLC.
If you feel that your employer has failed to comply with the Arizona minimum wage law, then you can file a complaint with the Industrial Commission of Arizona if the amount in controversy is less than $5,000.00 and the claim does not date back to more than a year. You may also file a claim against your employer in state court. If you assert a claim under federal law, then you must file a claim in federal court. Under Arizona law, an employer may be responsible to pay not only owed wages, but triple the amount of owed wages. These are called treble damages.
One thing that many people do not know is that Arizona law does not require an employer to pay overtime wages. Only when an employer is subject to federal law, then they are required to pay overtime wages under the Fair Labor Standards Act. If you are an employer who has questions regarding whether you must pay overtime, or if you are an employee who would like to know if you should be receiving overtime pay, please contact the legal team at Udall Shumway PLC.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Minimum Wage, or any other personal injury, please feel free to contact Employment Law Attorney Brad Gardner at 480.461.5323, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.