Two correction officers who work at the Arizona Department of Corrections facilities have sued the department for allegedly failing to pay overtime.
Corrections Officers Denied Breaks During 8-Hour Shift
According to the plaintiffs who filed the lawsuit, while working for the Arizona Department of Corrections, several issues resulted in employees working significant amounts of overtime – time that they were never compensated for.
First, the plaintiffs allege that in order to get inside to perform their daily duties, every officer must go through a rigorous security check to ensure that prohibited items aren’t being smuggled in. This check typically takes more than 30 minutes. They further allege that no breaks are offered during an 8-hour shift despite being required by law.
The plaintiffs have not disclosed how much they are seeking in compensation.
If the case goes to trial and a successful verdict is obtained for the plaintiffs, other corrections officers who have been impacted will also recover compensation.
How Much Is Overtime Pay?
For every hour worked over 40 hours an eligible employee should be paid 1.5 times their regular hourly rate. So basically, if the hourly rate is $10, then overtime should be $15.
Calculating the overtime rate for employees who are considered “tipped employees” such as waiters and waitresses is slightly more complicated and should be reviewed with an attorney.
You can find out more about how much you should be getting paid in overtime wages and our wage calculator here.
The Most Common Wage Violations Committed By Employers
Employers never want to lose money which is why many try to find ways to avoid paying their employees the fair amount. Common wage violations include:
- Failing To Pay Overtime Correctly.
- Failing To Pay For Work That Is “Off The Clock”: Did you know that 70% of employees don’t get paid for work they performed while not on their shift? This often includes work performed during breaks, lunches, or before or after a shift.
- Taking Illegal Pay Deductions: Examples include deducting the cost of gear, tools, or outfits that were purchased for an employee causing the employee’s wage to go below the minimum wage.
- Paying “Tipped Employees” Below The Minimum Wage.
- Paying Less Than Minimum Wage.
- Stealing Tips From Employees.
It doesn’t matter what industry you work in – if you are the victim of a wage violation you have the right to pursue legal action to obtain the compensation you are owed.
How Much Can I Win Through A Wage Violation Lawsuit?
The actual amount that can be obtained is based on what you are owed. The law states that you can fight to recover the amount that you are owed plus “liquidated wages”, which doubles the amount that you are owed.
Will I Be Fired If I Sue My Employer?
Yes, it is possible that you may lose your job if you pursue legal action against your employer.
Although the Fair Labor Standards Act prevents employers from retaliating against employees who are seeking fair compensation, they may terminate your employment for another reason. If, however, it can be proven that your job was lost because you took legal action, it may be possible to file a second legal complaint which will allow you to recover additional compensation.
How Much Does It Cost To Hire A Wage Advocates Attorney?
Our lawyers handle the upfront costs and then recover our fees directly from the compensation that you are awarded. Contact our law firm today to learn more about how we approach our cases, our past successes, and to learn about how much you may be owed.
Our attorneys believe that a good client/attorney relationship is based on excellent communication. You can be sure that our legal team will answer all of your questions and keep you updated on the status of your case.