- Working overtime can pay off.business image by Du...?an Zidar from Fotolia.com
Overtime pay is defined under Arizona law as payment in addition to an employees contractual salary as compensation for hours worked in addition to a 40-hour work week. Arizona overtime laws provide for both contractual and non-contractual overtime structures. - Under the Arizona Revised Statutes 23-391, "Subject to availability of appropriated funds, an employee of the state or any political subdivision, serving in a position determined by the law enforcement merit system council, the director of the department of administration, the Arizona board of regents, the board of directors for the Arizona state schools for the deaf and the blind or the governing body of a political subdivision" all qualify to receive overtime funds of work above the 40-hour work week. The rate for overtime for state employees is one and one-half times that employee's regular pay rate. Under this law, however, if the state institution does not have the funds for overtime compensation, then they must give the employees compensatory leave at the end of the work week.
- Arizona does not have any laws concerning overtime compensation for private employees. In other words, when working for a private employer, it is at the discretion of that employer to determine whether overtime pay will be made available and at what rate.
- Most private companies will lay out their overtime procedures in the employment agreement. Should the private employer breach their contractual overtime terms, then a complaint can be filed for breach of contract. It is not considered a breach of contract under Arizona law for an employer to refuse overtime availability.
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