Alright heres my story. I work for a garage cabinet installation company. I started as an installer. I've been there for 4+ years now. 2 years ago i was promoted to "installation manager" given a salary and a desk job. Now for the last year and a half, i have been back in the field installing due to the economy, there is only 1 person below me, I have never been "in charge" of hiring, firing, wages, ect. Are they required to pay me overtime for the last year and a half?

Probably...

Agreed with "probably". File a wage claim with AZ's department of labor (ICA?). It works or it does not. There are several arguments that the employer could try using, but the chances that these arguments will work are not very good.

http://www.ica.state.az.us/Divisions/labor/wage_claims.html

Thanks to everybody that replied, I have a couple more questions based on the fact that I got "fired" today.

Last week, on Monday I had an issue with a job I was attempting to install, my GM calls me and says "what you dont want to work today" I said no but this job cant get done we need to reschedule it......hangs up on me. I call him back and say "you know, its pretty unproffessional of you to hang up on me" he says "well i dont care what you think" then i say, "well then you need to find another installer then." needless to say, i finished my 2nd job that day, got home, he called me and told me i had the rest of the week off based on our conversation that morning and we were to have a meeting today.

1. Does he have to pay me for the whole week since im on salary or is this a legal suspension where he doesnt have to pay me?

I went in thismorning (with a recorder in my pocket) and he said "i accept your resignation." i said "i didnt resign i finished the rest of the day." Nothing to say......then he started to tell me about budget cuts and BS so basically hes trying to screw me on unemployment.

What can I legally do to stop him? constructive discharge? (trying to force me to carry 200 pound cabinets over my head 80 feet through 8" of sand)

1. Nonexempt employees only have to be paid for the hours they work.

2. If you were legitimately exempt, this may or may not have been a suspension for which you had to be paid. But you're arguing for overtime pay, which exempt employees don't get. You can't have the benefits of both.

3. Personally, I think you resigned. "Find yourself another installer" sounds like a resignation to me.

This is the first time you have mentioned being asked (required?) to perform what might possible be an unsafe task (I am not a safety expert, I don't know). But what did this request have to do with you quitting?

You can always file for unemployment, but I wouldn't be optimistic. IMHO, you quit; the employer gave the situation a "cooling off" period, and decided to accept your resignation.

he put me into a situation where i could possibly hurt myself so i threatened to quit, but i went and finished my other install that same day.

Just spoke to the DOL they said i am owed overtime so now its in my lawyers hands. This website may just save my house.

Good luck. A lawsuit can go back further than the ICA can.