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Some Kind Of Monster
04-19-2007, 12:32 PM
In AZ, Is it legal for an employer not to pay time and a half for hours worked over 40 in a week?

Classic Daycruiser
04-19-2007, 12:37 PM
If your employer does not pay you time and a half, I'd look for another Job.

Some Kind Of Monster
04-19-2007, 12:44 PM
If your employer does not pay you time and a half, I'd look for another Job.
Are you hiring?
.......Anyone?

AZKC
04-19-2007, 12:46 PM
In certain situations it can happen, with holidays or sick time, and according to how the work week is set up Sun-Sun or Friday to Friday. Also it can be based on a 80 hour work week. Yes it can happen. You'd need to define the pay period and hours/days worked to identify if your getting focked legaly or just getting focked:)

Some Kind Of Monster
04-19-2007, 12:55 PM
All I know is that anything over 40 hours in a work week is O/T. Last check doesn't say so though :mad:

460 jus getn it
04-19-2007, 01:01 PM
All I know is that anything over 40 hours in a work week is O/T. Last check doesn't say so though :mad:
I would check with your company.
I thought it was law that anything over 40 was time and a half

Some Kind Of Monster
04-19-2007, 01:04 PM
I would check with your company.
I thought it was law that anything over 40 was time and a half
I am in the process. I don't want to just say "alright" if they tell me they won't pay. My check comes from Jersey..

DeltaSigBoater
04-19-2007, 01:12 PM
Been down this road before... it sucks!
Boss told me on friday afternoon (hour 37 of 40) that I was going to work saturday & sunday, but I was not going to get paid overtime. I told her that if I wasnt getting paid OT then I was not coming in.
She told me that if I didnt show up Sat & Sun then dont bother showing up Monday. I told her that she would be hearing from my attorney and the State Labor Board - she was dumbfounded to say the least, because she knew she was wrong.
I got my OT :devil:

Chico&Zeus
04-19-2007, 01:17 PM
Also I know that agriculture companies are exempt, one of my buddies drives truck for a company that just happens to be owned by a large farming business and even though he delivers industrial parts to construction sites, he doesn't get 1 1/2 OT.

Some Kind Of Monster
04-19-2007, 01:36 PM
To get a little more specific, I am a network engineer, and the overtime was authorized, and I was paid for it, but only regular time instead of time and a half.

Classic Daycruiser
04-19-2007, 06:39 PM
To get a little more specific, I am a network engineer, and the overtime was authorized, and I was paid for it, but only regular time instead of time and a half.
Experience, Networks+, and A+ certified? DICOM? We are always looking, but right now nothing in Arizona. I think we have California openings...
You should be getting time and a half, matching 401k, health, and other bennys. I suspect you might have filled out your timecard incorrectly. I'd call the HR people and let them know.

YeLLowBoaT
04-19-2007, 06:41 PM
if your in managment or have people under you, they don't have to pay you ot...

BadKachina
04-19-2007, 06:59 PM
They owe you some money.
Here.........
http://www.dol.gov/esa/minwage/america.htm
and here.........
http://www.dol.gov/elaws/faq/esa/flsa/011.htm

Boatcop
04-19-2007, 07:37 PM
Not sure if this applies to you, but I found this on Arizona overtime regulations.
Computer Employees. Exempt computer employees may be paid on a salary basis (at or above the guaranteed minimum salary level) or on an hourly basis of no less than $27.63 per hour. In either event, their primary duties must consist of: (1) application of systems analysis techniques and procedures, (2) design, development, documentation, analysis, and creation of computer systems or programs (including machine operating systems), or (3) a combination of any of the above duties requiring the same level of skills
The whole thing is here: http://www.gknet.com/uploads/documents/NewOvertimeRegulations.pdf

396_WAYS_TO_SPIT
04-19-2007, 11:02 PM
give them tha boot to tha chest :D

Sleek-Jet
04-22-2007, 09:21 AM
Yes... if you are classified as "salaried non-exempt", they can legally pay you half time for OT...
"Flex" time or "comp" time is not legal in AZ...
Don't ask me how I know this... :rolleyes:

Boatcop
04-22-2007, 10:33 AM
Yes... if you are classified as "salaried non-exempt", they can legally pay you half time for OT...
"Flex" time or "comp" time is not legal in AZ...
Don't ask me how I know this... :rolleyes:
Where did you find that "COMP" time is illegal. Everything I've read says that a non-exempt employee must be either be paid time +1/2 of their hourly rate or receive compensatory time at 1 1/2 hour for every hour OT worked in a regular work week.

Classic Daycruiser
04-22-2007, 10:47 AM
Where did you find that "COMP" time is illegal. Everything I've read says that a non-exempt employee must be either be paid time +1/2 of their hourly rate or receive compensatory time at 1 1/2 hour for every hour OT worked in a regular work week.
My understanding of of comp time is: you must take it in the same pay period, otherwise it is illegal. I believe it has something to do with paying income taxes.

Sleek-Jet
04-23-2007, 08:55 AM
Where did you find that "COMP" time is illegal. Everything I've read says that a non-exempt employee must be either be paid time +1/2 of their hourly rate or receive compensatory time at 1 1/2 hour for every hour OT worked in a regular work week.
I don't know, maybe the AZ Dept of Labor people that came and investigated us a few years ago??? Sat right across the table from us and told us. The company can't force comp time in lue of OT... that's illegal.
The Dept. of Labor frowns on comp time. It can only be taken during the current work week and again, can not be forced... if anyone complains about it, then they (Dept. of Labor) steps in. For all intents and purposes it's not an acceptable practice.

Some Kind Of Monster
04-23-2007, 09:17 AM
Geez, This time they conveniently forgot to pay me half my paycheck. They said it is because I am "new". Still working on the OT thing. Boss says that it should and will be paid.. "Just give it time".
Boot to the chest :D
Insult to injury these people are pushing my buttons more way than one now. I won't bore you with that though.

mickeyfinn
04-23-2007, 01:01 PM
I don't know, maybe the AZ Dept of Labor people that came and investigated us a few years ago??? Sat right across the table from us and told us. The company can't force comp time in lue of OT... that's illegal.
The Dept. of Labor frowns on comp time. It can only be taken during the current work week and again, can not be forced... if anyone complains about it, then they (Dept. of Labor) steps in. For all intents and purposes it's not an acceptable practice.
The company can force comp time at straight time during the same workweek if this results in less than 40 hours total worked. If your extra hours puts you in excess of 40 hours WORKED Comp time at
1 1/2 hours per hour worked is legal as long as it is used during the same pay period. Comp time outside of the pay period in which it is worked is generally illegal under Federal law.

Miss Perfect
04-23-2007, 01:09 PM
To get a little more specific, I am a network engineer, and the overtime was authorized, and I was paid for it, but only regular time instead of time and a half.
Could it just have been an error? I do payroll and sometimes I hit the wrong key and don't catch it. It doesn't happen very often, but it's happened before.

Some Kind Of Monster
04-23-2007, 01:20 PM
Could it just have been an error? I do payroll and sometimes I hit the wrong key and don't catch it. It doesn't happen very often, but it's happened before.
Most likely. They like to "error" a lot though. I suppose this is a just in case thread. We'll see what happens.

Boatcop
04-23-2007, 04:51 PM
The company can force comp time at straight time during the same workweek if this results in less than 40 hours total worked. If your extra hours puts you in excess of 40 hours WORKED Comp time at
1 1/2 hours per hour worked is legal as long as it is used during the same pay period. Comp time outside of the pay period in which it is worked is generally illegal under Federal law.
Again, I'd like to see where this is stated. We have been using comp time or paid OT, employees choice. Some folks have over 100 hours comp time banked. We can order them to take it to bring the hours down, if it get's out of control.
The problem is that comp time is considered a liability on the County's bottom line. They consider it that because if a person leaves, we would have to pay them off for that time.

Boatcop
04-23-2007, 05:14 PM
I answered my own question.
The FLSA recognizes accrued Compennsatory time for employees of State and Local Governments. For those employees, they can get Comp time at 1 1/2 paid hours off per hour worked over 40, in lieu of paid overtime.

mickeyfinn
04-24-2007, 04:48 AM
True for state and local governments, not for the private sector. I work for local government and we have actually done away with comp time for the liability on the books issue. Private sector must pay their people if they work in excess of 40/wk and do not take comp time during the same pay period.

Some Kind Of Monster
04-24-2007, 07:06 AM
Some folks have over 100 hours comp time banked.
I like that! Maybe I should become a Boatcop... Hmmmm :D

Sleek-Jet
04-24-2007, 09:22 AM
I answered my own question.
The FLSA recognizes accrued Compennsatory time for employees of State and Local Governments. For those employees, they can get Comp time at 1 1/2 paid hours off per hour worked over 40, in lieu of paid overtime.
Yeah, that's not the case for most of us... the upshot of the investigation here was that I got a nice back pay check... the downside is BS 1/2 time OT now.