The Fair Labor Standards Act ("FLSA") generally entitles employees to overtime pay unless their position is "exempt" from the overtime requirements of the FLSA. It is our experience that many employees are misclassified as "exempt," and therefore may have a claim for overtime pay if they worked in excess of forty hours per work week. It is important to know that job titles do not determine whether you are entitled to overtime pay. In order to be exempt from overtime, an employee's job duties and salary must fall within one or more of the exemptions enacted by the government.
Our lawyers have identified numerous instances where a client has been misclassified as exempt and made demands for reimbursement of unpaid overtime. These often have included instances where the employee has received a fancy title ("Assistant Manager," "Supervisor," "Sales Representative," or sometimes even "Manager"), but whose specific duties, work actually performed, and salaries are insufficient to allow the employer pay him or her on a salary basis.
In addition to recovering back pay, the Fair Labor Standards Act also provides for recovery of additional damages, called "liquidated damages," in an amount equal to the amount to the amount of overtime wages due and owing for violating the FLSA. In addition, Arizona law also requires an employer to pay employees who have been discharged "wages due him within three working days or the end of the next regular pay period, whichever is sooner." Under the law, a discharged employee who has not been paid within three working days may have a claim against the employer for up to three times the amount of the unpaid wages.