Legal Question in Employment Law in Arizona
Over time
I worke two week ends previous on a shut down project as a superintendent.as well as pointing fingers i worked. they payd me for my overtime previous to the third week end and after i turned in my time card for 20 hours over time they told me that they would only pay me 10 hours over time because they did not have enough money in the job. is this leagal
1 Answer from Attorneys
Re: Over time
Thank you for the inquiry. Whether an employee is entitled to overtime pay requires a complex and sophisticated analysis. An employee's entitlement to overtime depends on his duties. Further, the law states the employer must look at an employee's duties over a longer period of time than one workday. If, over that longer period of time, the employee is performing the duties of a non-exempt employee the employee is entitled to overtime for all hours in a workweek in excess of 40.
If you are non-exempt and entitled to overtime for all hours over 40 in a workweek, you should receive overtime pay for all these hours. If your employer wrongfully denied you these hours, it is in violation of the FLSA. Again, we would need to look into your situation more deeply to determine if you were entitled to overtime.
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