Labor and employment law may be handled at both the federal of the state level. Here is some helpful information on how our experienced attorneys can help victims of employee mistreatment in Phoenix.
Victims of Employee Mistreatment | Not Meeting Minimum Wage Requirements
In most of Arizona, the minimum wage that can be paid to an employee is $10.50 an hour. The state is scheduled to increase the minimum wage to $12.00 an hour by 2020. All employees are entitled to earn the full minimum wage set by state or federal law, regardless of whether they are entitled to tips. Federal minimum wage is currently $7.25 per hour. Employees who are paid in tips can make as little as $7.50 an hour provided that they earn enough in tips to receive the state’s minimum wage of $10.50 an hour.
Failure for an employer to pay at least minimum wage is a violation of Arizona’s labor and employment law. Depending on circumstances, the employer may also be in violation of the FLSA. The FLSA sets the federal minimum wage.
Victims of Employee Mistreatment | Ignoring Overtime Pay Laws
The FLSA has another job besides setting the federal minimum wage. It also creates standards related to overtime pay. Employers are required to provide overtime pay to nonexempt employees who are covered by the FLSA. That includes hourly employees and even some salaried employees. Overtime pay is set at the rate of 1.5 times of an hourly employee’s rate if that employee works more than 40 hours in a week.
Executives, administrators, and other professionals who earn at least $455 per week are exempt from overtime under Arizona law. So are certain salespersons (such as those who set their own hours), certain IT/ computer employees, independent contractors, certain transportation employees, employees of farms, employees in the agricultural industry, and employees who live with their employers (such as a cook, housekeeper, or nanny).
Victims of Employee Mistreatment | Wrongful Termination
Arizona is an at-will state for employment. So, employers may fire an employee if they have good cause or no cause, but they can’t fire someone for a bad cause. A bad cause would be because they’re acting in a way that is discriminatory, retaliating for whistle-blowing by an employee, because an employee refuses to break the law, or for other reasons. If you believe that you were wrongfully terminated, contact a Phoenix labor and employment lawyer to evaluate your potential claim.
Contact our office today to schedule a free consultation with our experienced Phoenix employment lawyers if you believe you have been the victim of employee mistreatment.