Federal Labor Laws in Arizona
Although Arizona has an extensive state labor code, employers also must follow federal labor laws. These laws primarily cover wages, overtime, and child labor requirements. Where federal and state laws diverge, according to the U.S. Department of Labor, which administers federal labor laws, employers must abide by the law that favors employees the most.
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Wages
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Arizona's minimum wage as of 2011 is $7.35 an hour, and the state has the authority to adjust the rate annually in proportion to cost of living increases. As long as the Arizona rate is higher than the federal minimum wage, which is $7.25 an hour, federal wage laws do not apply in the state.
Overtime
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Arizona's state overtime laws cover only employees of state government agencies. Federal overtime laws in the Fair Labor Standards Act cover many workers in the state. These laws mandate overtime pay when employees' hours of work exceed 40 in a particular week. Overtime pay must be at least 1.5 times what the employee normally makes per hour. Federal overtime laws leave out some employees, including many executives, managers and other "white-collar" employees.
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Minors
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In an effort to ensure the safety and welfare of younger workers, the Fair Labor Standards Act establishes rules for the employment of minors. Employees ages 16 and 17 may not work in certain designated hazardous occupations. Employees ages 14 and 15 face tighter restrictions on occupations and also may not work more than a specific number of hours during any day or week. For example, they may work no more than three hours on school days. Arizona state laws regarding hour restrictions and off-limits occupations are similar to those in the FLSA.
Coverage
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Certain employers in Arizona, and other states, might not have to follow the Fair Labor Standards Act. The criteria for coverage by the FLSA include annual gross sales and involvement in interstate commerce. If an employer's annual revenues do not reach or exceed $500,000, and the employer does no form of interstate commerce, the FLSA does not have jurisdiction. However, if an individual employee at the business performs work related to interstate commerce, that employee falls under the coverage of the FLSA. Also, the FLSA covers hospitals and other health care facilities, as well as schools, regardless of whether they meet the criteria.
Misconceptions
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Federal labor laws say nothing about requiring employers to provide perks such as paid time off such as sick leave, vacation time or holiday pay. Nor does the FLSA require workday breaks or overtime pay for employees who work over the weekend or on holidays. Employers may schedule employees for any number of hours, including nights and holidays. Employers who choose to terminate employees' jobs do not have to provide a reason for doing so, or follow any specific discharge procedure.
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References
- U.S. Department of Labor: Minimum Wage Laws in the States
- Arizona State Legislature: Overtime Pay; Work Week
- U.S. Department of Labor: Handy Reference Guide to the Fair Labor Standards Act
- U.S. Department of Labor: Fair Labor Standards Act Advisor: Hours Restrictions
- Constitution of the State of Arizona: Child Labor Laws
Resources
- Photo Credit men at work image by paolo esposito from Fotolia.com
