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How do i file a complaint for not being paid overtime? Arizona

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  • How do i file a complaint for not being paid overtime? Arizona

    Here in Arizona. I work on average 50 hours a week and I have been employed for 2 years now. I also know that people who are employed in the back of the house are working up to 30 hours more than me a week. Our owner refuses to pay overtime for any of our hours over 40. There are also times when our time cards do not match our pay checks and hours have been taken off. This has been a problem since my first day of employment. Any time it is mentioned to the employer to where our hours go or why we aren't being payed overtime, our job is threatened and told how easy it is to replace us. Can anyone please tell me where I start...(i cant afford a lawyer due to low wages)...to file a complaint myself. Or do I have to have a lawyer. Please help.
    Last edited by lwpthatsme; 03-28-2007, 11:10 AM.

  • #2
    You can file a complaint with the state DOL.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Can't hurt, although in your particular situation, you might meet the criteria for exemption from overtime pay. I'm not sure how much discretion you use as a chef, but some executive chefs who plan menus, create new dishes, manage the kitchen, etc. CAN leap that bar. Note that this would not be true for a mere "cook". Are you paid at least a guaranteed $455 salary per week and, if so, are you docked pay if, for example, you miss half a day of work?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        No actually I just make 9.50 an hour. I dont make the menu. It is already decided.

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        • #5
          OK, then you're definitely nonexempt, since you are paid on a hourly basis.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Thank you for answering my questions....
            Last edited by lwpthatsme; 03-28-2007, 11:05 AM. Reason: They could be reading this...

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            • #7
              Are you positive?

              If you want to go ahead, it's the U.S. Customs and Immigration Service.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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