Legal Question in Employment Law in Arizona

Based on what I read so far it seems to me overtime applies to hours worked over 40 hours in a week, for hourly workers in arizona. My questions are the following.
1) My employee manual that I wrote few years ago, and all employees read and sign, says overtime is calculated based on number of hours worked vs available in a pay period. I pay semimonthly, so some times there are 9 days and sometimes 11 working days in a pay period. Does my manual, call it employer and employee agreement, supercedes the 40 hours per week over time definition. Since I pay semimonthly, one could work more than 40 hours in one week and less in other. But overall less than 8 hours X number of days available in that pay period.
2) if it is based on a week. My pay periods are 8th to 21st, and 22nd to the 7th. So, sometimes there are 2.5 weeks in a pay peiod, and sometimes there are less like 11 working days in a pay peiod. How do we calculate a week then to calculate over time?

Asked on 8/25/10, 11:39 pm

1 Answer from Attorneys

Blake Simms W. Blake Simms, P.C.

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Making determinations of workweeks, which employees are non-exempt, etc., are very difficult issues under the FLSA. I highly suggest you, in order to ensure compliance, consult with an experienced employment attorney. I am happy to provide a complimentary audit of potential FLSA issues. Let me know if you would interested in speaking about such assistance. Thank you.

Blake Simms

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Answered on 8/30/10, 11:54 pm

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