Employment · Arizona

Can I sue for unpaid overtime in Arizona?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Arizona?

free route

The Labor Department of the Industrial Commission takes an Unpaid Wage Claim Form, and note that it is a different form from the Commission's Minimum Wage Claim Form and its Earned Paid Sick Time Claim Form. Arizona sets no overtime rule of its own, so the overtime itself rests on the federal rule above.

source ↗Not yet checked against the statute.

Which court hears a case like this in Arizona?

which court

Justice court, small claims division

source ↗Not yet checked against the statute.

How much can you sue for in Arizona small claims court?

small claims limit

$5,000

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

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