My boss (a small business owner in Scottsdale) fired me because I didnt want to work 12 hour days. I told him that I didnt want to work that much because I would end up working more then 40 hours this week and he doesnt pay OT. He specifically told me that he wont pay overtime.
Other - Careers & Employment - 3 Answers
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1 :
If it's a salaried position, there is no "overtime" - you get the same salary regardless. For some agricultural jobs, overtime is also not required to pay at "overtime wages" (generally time and a half). However, even then, if you work 60 hours, you get paid for 60 hours. NOT paying for hours worked is illegal and if he's really doing this, he is breaking several labor laws.
2 :
By Federal law, any employer must pay overtime for any hours in excess of 40 in a week.
3 :
At minimum, federal law requires any non-exempt employee who works over 40 hours in a seven day schedule be paid overtime at a minimum rate of time-and-a-half. However, if what your employee is asking you to do is work 3 x 12 hour days and one 4 hour day, that would be a legal 40 hour week. If your employer is asking you to work 5 x 12 hour days in a standard work week, he is legally required to pay you OT. If you work this and are not paid the overtime you then request the overtime, in writing from your employer. If he refuses to pay, you file a wage claim with the AZ state labor agency. However, you can't file this claim until the infraction occurs. So, that means if your boss wants you to work 12 hour days and you refuse, they could legally fire you. YOu need to also understand that your employer may have a "nonstandard" pay week. It's common in restaurants where the bulk of business happens on the weekends. The beginning of the pay week can fall on any day of the week and run for seven consecutive days.
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