Employee MistreatmentFederal and state labor and employment laws protect employees from mistreatment. Yet there are instances of a few common forms of employee mistreatment. If you believe that you’ve been mistreated by your employer in one or more of these ways, consult an employment lawyer to understand your rights.
Failure to meet Minimum Wage Requirements
In most places in Arizona, the minimum wage that can be paid to an employee is .00 an hour. The state is scheduled to increase the minimum wage to .15 an hour in 2021. All employees are entitled to earn the full minimum wage amount set by law, regardless of whether they receive tips. As per federal law, the minimum wage is currently .25 per hour. Employees who receive tips can make as low as .50 an hour, ifthe tips allow them to make the state’s minimum wage.
In case an employer fails to pay the least minimum wage, it amounts to violation of Arizona’s labor and employment law. In some cases, the employer may also be in violation of the FLSA, that sets the federal minimum wage.
Failure to meet Overtime Pay Laws
In addition to setting the federal minimum wage, the FLSA also creates overtime payrules. Employers have to pay overtime pay to non-exempt employees covered under the FLSA. This includes hourly and also some salaried employees.
Overtime pay is 1.5 times an hourly employee’s rate, if the employee works more than 40 hours a week.
Those who earn at least 5 per week are exempt from overtime pay under Arizona law. The same holds true of some salespeople (who set their own hours), some IT employees, independent contractors, some transportation employees, farm and agricultural employees, and employees who live with their employers (such as a housekeeperor nanny).
However, some professional employees, such as nurses, are entitled to overtime pay. To understand if you are entitled to overtime pay, consult an employment lawyer.
Improper Employee Classification
Your employee classification affects your legal rights. Some employers knowingly misclassify workers to avoid responsibilities.
You can be an exempt employee, nonexempt employee, or an independent contractor.
An exempt employee doesn’t get overtime pay, nor are they protected by the FLSA. Employees are classified as exempt, if they fall within a specific category of work or earn more than 5 per week as a salaried employee. Simply being a salaried professional doesn’t make you exempt. An employment lawyer can help you understand whether you’re an exempt or nonexempt employee.
Nonexempt employeesmay be eligible for overtime if they work over 40 hours in a work week. They generally earn less than 5 per week, but in some cases, they may earn more.
An independent contractor is one who performs specific tasks, but they’re not classified as an employee, nor are they protected by the FLSA. Independentcontractorshave to handle their own taxes and they’re not entitled to unemployment or workers’ compensation.
Workplace Discrimination
Workplace discrimination may involve hiring or firing, job assignments, employee wages, promotions, trainingopportunities, and fringe benefits.
If an employer has 15 or more employees,Title VII of the Civil Rights Act protectsthe employees from discrimination based on their sex, race, color, national origin, or religion.
Employers can not refuse to hire or fire someone or discriminate against them (in any way, including pay, employmentconditions, and benefits) based on protected classes.
Sexual discrimination is also prohibited by law. The Equal Pay Act of 1963 prohibits employers from discriminating against employees (including wages) based on their gender.
Age discrimination is prohibited by law. Employees, who are 40 years of age or older,cannot be discriminated against when it comes to hiring, firing, or withholding a job promotion.
Individuals with disabilities are protected under several federal laws about employment. Employers can’t create qualifications simply to disqualifysomeone with a disability.
Workplace Retaliation
Retaliation refers to punishing an employee for enforcing their legal rights. Common forms of workplace retaliation include –
- immediate termination without an explanation
- demotion after filing a complaint
- being subjected to a pay decrease
- threats
- loss of a rightful promotion
Wrongful Termination
Arizona is an at-will state for employment. So, employers may fire an employee for good cause or no cause, but not for a bad cause, such as acting in a discriminatoryway, or retaliating for whistleblowing by an employee.
If you believe that you have been wrongfully terminated, talk to an employment attorney to understand your rights under the law.
To learn more, consult one of the leading workplace discrimination and harassment lawyers in Phoenix, AZ at Chahbazi Law PLLC or call 602-282-5868 Now! Attorney Meenoo Chahbazi uses her extensive experience and passion for employment equality to represent Arizona employees in a wide range of employment matters.
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