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Construction Over-Time pay laws

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  • Construction Over-Time pay laws

    I am a carpenter working for a general contractor in Arizona. I am forced to work 54 plus hours a week and only paid straight time for 48 hours. Boss states all employees are salary.
    I have tried looking up the laws on this but some say I should be paid over-time while others don't.
    Can anyone help with accurate information on this? Thank you!

  • #2
    "Salaried" and "hourly" are just payment methods and mean next to nothing by themselves. All non-exempt employee must be paid overtime. This includes those paid on a salaried basis. Duties are based on actual work being performed, not on job titles or credentials. If we have a qualified brain surgeon lay bricks, then it is the brick laying, not the brain surgery that determines the exempt status. Assuming that you are actually doing carpentry work as your primary task, then you are certainly non-exempt, and are due paid overtime for all hours past 40 in a workweek. This is federal law (FLSA), something that neither AZ or your employer can make go away.
    http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf
    http://www.dol.gov/esa/whd/regs/comp...lue_collar.pdf
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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