Labor Law Talk  
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Go Back   Labor Law Talk > Employment and Labor Law > OHSA, State, & Federal Labor Laws Posting Requirements > Arizona Labor Laws

Reply
 
Thread Tools Display Modes
  #1  
Old 01-22-2006, 09:19 AM
chucko chucko is offline
Junior Member
 
Join Date: Jan 2006
Posts: 2
Question Arizona - lunch, breaks, overtime

State AZ: My wife works in a setting with clients and monitoring and documenting their mental health. She has been working 60-80 hours a week just to keep up with the work they require of her (for a year now). She is salaried and a full time employee. She is not the only one with this situation. Everyone works an 8 hour day, then an extra 4-5 hours each night, five days a week. Then on weekends 6-8 hours each Sat and Sun. There is too much work and not enough employees to do what they require. They are threatened they will be fired if they do not finish their logging every day. Now they are taking away their lunch time and breaks! No extra pay for this work or compensation. Please don't tell me this is LEGAL in Arizona! Do you have any advice as to her rights?

Last edited by chucko; 01-22-2006 at 09:20 AM.
Reply With Quote
  #2  
Old 01-22-2006, 09:30 AM
cbg cbg is offline
Super Moderator
 
Join Date: May 2005
Location: Massachusetts
Posts: 30,716
Default

Assuming that she is correctly classified as exempt, yes, this is legal in Arizona and in many other states as well. Arizona has no requirement that an employee be offered any breaks at all, and NO exempt employee, regardless of what state they are in, EVER has a legal expectation of overtime. It is by no means unusual for an exempt employee to be required to work the hours you describe. No law in any state prohibits an employer from threatening termination, or even actually terminating, an employee who does not complete the work to the employer's satisfaction, even if the expectations are unreasonable.

I'm not saying it's reasonable; I'm saying it's legal.
Reply With Quote
  #3  
Old 01-22-2006, 09:53 AM
chucko chucko is offline
Junior Member
 
Join Date: Jan 2006
Posts: 2
Default Rights in AZ or Any State?

Thanks for your reply. Wow. So this gets down to "exempt" and "non-exempt"? How does that work? I thought exempt was salaried and non-exempt was hourly wage.

Also, does Arizona law require an hour lunch break?

Does ANY state protect employees within "reason"?

From reading the threads on this site, I don't see that Arizona really cares about their employees as human beings with lives!

I get the feeling that people don't really have rights regarding the abuse of employers and overtime in Arizona?
Reply With Quote
  #4  
Old 01-22-2006, 10:39 AM
cbg cbg is offline
Super Moderator
 
Join Date: May 2005
Location: Massachusetts
Posts: 30,716
Default

You can't make someone exempt simply by making them salaried. Whether you are exempt or non-exempt depends on their job duties.

No, Arizona does not require an hour lunch break. No state requires an hour lunch break. As I said above, Arizona does not require ANY breaks.

There are far too many variable factors involved in determining what is reasonable for any state to try legislating it.
Reply With Quote
  #5  
Old 01-22-2006, 11:38 AM
Pattymd Pattymd is offline
Senior Member
 
Join Date: Jul 2005
Posts: 27,685
Default

You can read about the different classifications for qualifying an employee as "exempt" here:
http://www.dol.gov/esa/regs/complian...a_overview.htm
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Breaks, Lunch, Overtime question sallizar South Carolina Labor Laws 13 01-25-2007 01:36 PM
Question about lunch breaks in Missouri Razzy Missouri Labor Laws 1 08-02-2005 08:19 AM
Lunch Breaks budzette Labor Laws 1 02-19-2005 05:09 PM
Are salaried non-exempt employees in South Carolina required to take lunch breaks? momonimosimus Wage & Hour Laws - Minimum Wage Laws 1 01-12-2005 12:55 AM
Are salaried non-exempt employees in South Carolina required to take lunch breaks? momonimosimus Labor Laws 1 01-12-2005 12:54 AM


All times are GMT -8. The time now is 11:33 PM.


Powered by vBulletin® Version 3.7.1
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
© LaborLawTalk.Com 2008. All Rights Reserved.
Privacy Policy | Disclaimer and Conditions of Use

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com

Topics pertain mainly to the following States:
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada North Carolina North Dakota New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming