Does my employer have to pay overtime?

UPDATED: Oct 1, 2022

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Does my employer have to pay overtime?

My employer has stated they do not have to pay overtime for over a 40 hour work week. I am paid hourly. My paydays are on the 15th and the last day of the month. They are a seasonal employer for the most part, during their seasonal aspect the company employs over 150 people, during the off season there is the office staff which I am a part off which accounts to 8 people. So I am a year round

employee. So they do have to pay OT pay or do they not? According to the information I have found I was told they do, but some have said no because their seasonal employees are paid monthly and they are paid a base salary this is how they get around paying OT time. Since if I am not going to be paid OT, then I am not going to work beyond my 40 hours.

Asked on August 25, 2017 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

All non-seasonal hourly employees are entitled to overtime so long as the company either grosses at least $500,000 per year in business, or either buys anything from out of state or sells anything out of state. Based on what you write, you are most likely entitled to overtime and should contact not OHSA (which is about workplace safety, not the  labor law) but instead the state and/or federal departments of labor; the DOL is the agency which enforces wage and your law. You could also speak to an employment law attorney about suing for back overtime.
Do not simply refuse to work overtime--instead, pursue getting paid for it through the DOL or a private lawsuit. If you refuse to work when your employer says you must, even if they are not paying you properly, you may be fired "for cause" for insubordination, failing to follow instructions, and/or being absent from work without cause; in this event, you would not only be fired, but could not get unemployment benefits.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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