Tucson Wage And Hour Dispute Attorney
As the economy has struggled in recent years, many employers have tried to shore up their bottom line by getting as much work out of employees as possible without additional pay. Workers terrified of finding themselves unemployed have often been willing to acquiesce to violations of the Fair Labor Standards Act because they would rather be underpaid than unemployed and because they fear retaliation should they take any action. If they put up with labor law violations and then are terminated, having nothing more to lose, those previously underpaid workers often feel free to file wage and hour claims. This is something a Tucson wage and hour lawyer can assist with.
Statistics That Show You Need A Wage and Hour Dispute Attorney
As a consequence, the number of federal wage and hour claims has been steadily rising nationwide since 2000. In the twelve-month period ending on March 31, 2012, 7,064 federal wage-and-hour cases were filed. That’s compared to a mere 1,854 in 2000, according to the Administrative Office of the U.S. Courts.
These are some common employer practices that give rise to wage and hour claims:
- Misclassifying regular workers as managers or professionals to avoid paying overtime;
- Misclassifying employees as 1099 independent contractors to avoid payroll taxes;
- Errors in payroll deductions;
- Denial of required paid break periods;
- Failure to pay wages or commissions owed at termination;
- Paying less than the minimum wage.
Arizona’s Minimum Wage
Arizona’s minimum wage is $7.80 per hour, higher than the federal minimum. The minimum wage law covers all regular workers with these exceptions:
- A person working for a parent or a sibling;
- A person babysitting services in the employer’s home on a casual arrangement;
- An employee of the State of Arizona or the United States government;
- An employee of a small business that grosses less than $500,000 in revenue annually, if the business if not covered by the Fair Labor Standards Act.
Overtime Pay
Arizona doesn’t have its own overtime law. The federal Fair Labor Standards Act (FSLA) rules govern the payment of overtime apply to non-exempt employees. Those who work or more than 40 hours total in any workweek are required to receive payment of one-and-a-half times their usual rate of pay. In most cases, the FLSA requires bonus payments to be included as part of an employee’s regular pay rate when computing overtime.
Some classes of employees may be exempt from overtime pay, including executives, administrative personnel, professionals, computer specialists, and outside salespeople. To qualify as an exempt employee, the person must be paid on a salary basis of at least $455 per week and meet certain tests regarding their job duties. Some employers attempt to misclassify workers by giving them a job title that would tend to indicate that they belong to an exempt class, but the exemption is based on duties, not a job title.
When an employer violates FSLA the employees can file a complaint Division of Labor Standards Enforcement of the Labor Commissioner’s Office and file suit for damages with the help of a Tucson employment law attorney.
What Sets Us Apart
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Caring and CompassionateWe care about our clients as if they were our family, showing them care and compassion throughout the entire process.
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We Work Hand in Hand with Our ClientsWe work closely with our clients to address their needs and find favorable solutions to their employment-related, personal injury and estate planning issues.
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Experienced Attorneys Ready to Fight for YouThe experienced Phoenix employment lawyers of Yen Pilch Robaina & Kresin PLC understand what it takes to achieve results for our clients.
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Trusted for Over 30 YearsOur firm brings a high level of experience to each and every matter, and we have helped clients secure millions of dollars in total settlements and verdicts.
Client Testimonials
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“As an educator working for a non-union Charter School, I did not not who to turn to when my principal started improper practices with teachers during COVID19. We were shocked he would treated us so poorly during a pandemic.”B. Burton
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“Mr Robaina was a God sent.”Anthony H.
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“Very friendly and welcoming folks there. The attorney listened to my situation with great interest, and offered excellent legal advice.”Preston J.
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“Ed Robaina and his team represented my company during a very difficult lawsuit against a deep-pocket company represented by one of the largest law firms in the southwest. Robaina's team was very professional, always prepared, and very patient with us.”Tod W.
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“I have hired Robaina and Kresin on several occasions over the last ten years. Their service has been professional and complete with attention to detail.”Brent W.
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“I am a doctor at a federal agency who was discriminated against. Edmundo Robaina took my case at short notice, just a few weeks before the hearing, reviewed thousands of pages, conducted interviews efficiently, and led the case effectively to a very suc”Medical Doctor
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“Robaina and Kresin represented me as a defendant in an employment discrimination case. Because the allegations were extremely harmful to my reputation and not true, it was not a case that could be settled. I requested and received a top notch legal defe”Bruce H.
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“David Kresin is intelligent, intuitive, quick to assimilate information and strategic in his thinking.”Michael R.
