Arizona Labor Law Board

July 29th, 2006 Posted by Kimberly

In Arizona the Industrial Commission of Arizona is the governing body of labor issues.  It was originally founded to help with workers compensation issues in 1925.  Since then this organization has taken on almost all of the responsibilities that are associated with the laws of labor to help you in Arizona.  The commission is run by a five member committee.  This five member committee is picked by the governor of the state however approvals of these appointments must go through the state’s legislature.

This organization oversees all of aspects of labor laws for you.  These range from protecting the minor workers in the state to administering the health and safety of the various employers throughout the state.  This commission also helps you to handle all issues in regards to workers compensation and wage issues.  They are also responsible for the control of OSHA in the state of Arizona, thus making them the overseers of your safety while working.  They work to make sure that you are always in a safe working environment through education and making and enforcing safety rules for the workplace.  They want to provide for you the ability to go into work and not have to worry about whether or not you are going to come home hurt and if so what they are going to do about it.

The ICA is run by Larry Etchechury who is the director as appointed by the governor.  This commission oversees all activities and laws that are provided to protect you.  They cover all areas of labor in the state of Arizona, ranging from minor labor laws to overtime and everything that can be found in between.  They are responsible for both the administration and the enforcement of these laws as well.  They also ensure that companies are in compliance with these laws ion regards to you.

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Posted in Arizona, Compliance Issues, Department of Labor

  1. Posted by: Marcia Diane

    To Whom It May Concern,
    My colleagues and I have questions concerning practices we consider to be unfair and perhaps illegal and want to know the truth about our situation.

    We are counselors on salary, not wages. We were hired to work 8am to 5 pm Monday through Friday. We rotate being on-call, as this is a residential treatment center (our place of employment is CVH, company name deleted) for substance abuse. Until recently our employer has paid for one counselor to work on Saturday and another counselor to work on Sunday; each will run the program alone that day.

    Recently the employee who worked Sunday quit and our management has stated they will not replace the counselor. They have mandated that we have to rotate working Sunday when we are scheduled to be on-call. We will be compensated a day off for working Sunday. However, none of the counselors had agreed to do this before hand and none want to do this.

    Is this legal to mandate we work on Sunday when this was not the condition we agreed to when hired? We are in essence being forced to work on Sunday or quit. In addition, since it is the counselor on call that works Sunday, that person may be called in all hours of the day or night on Saturday or Sunday, if required. This has produced a very tired counselor when faced with this situation. Our patients are sometimes in jeopardy of using drugs or drinking alcohol and it could be a life or death situation if staff members are not alert. In addition, we are chronically understaffed in all departments.
    Please email me and let me know if this is fair practice or what recourse we may have.
    Thank you so much for a prompt reply.
    Marcia

  2. Posted by: Amelia

    Hi Marcia!

    It sounds like this is really a tough situation for you and your fellow counselors.

    Although none of you was hired to work on Sunday, employers are permitted to change working conditions. So yes, you probably do have to work an occasional Sunday.

    The on-call situation is more problematic. For a more complete answer, post your question on our sister site for employees, http://www.laborlawtalk.com.

    Thanks for reading! Amelia

  3. Posted by: Tameria Arredondo

    Hi,
    An employee has been employed since April. She finds out she is pregnant in October. Soon after her she is told she has a high risk pregnancy and is put on a Doctor ordered restriction. The restrictions make it impossible for her to preform her job. She is told they cannot accomidate her and she will have to go on short term disability. Two days before she qualifies for FMLA she is told she is being terminated because did not come back to work. At the time she is on full bed rest and trying to keep the twins as long as she can. She call Cardinal and says find something for her to do because she can not lose her job and health insurance. She is told not to come to work. Management calls HR. They say they will not terminate her. She can use 2 days of her Paid Time Off, (she has used none) that will take her to April 30 and she will qualify for FMLA. Since that time they have terminated her, she lost her benifits and the insurance will not pay the Hospital Bill because they say she was terminated on in April. How can a company state that you can not come to work and then terminate you because you did not come to work?

  4. Posted by: Amelia

    Hi Tameria! Unfortunately, there’s a dilemma here. The employer can’t allow an employee with restrictions to work, because if she lost the babies, the employer might be sued. By the same token, the employer is not required to grant benefits that the employee hasn’t earned yet. Employees must work for the employer for 12 months to qualify for FMLA. If the employer has more than 20 workers with health insurance, the employee should be entitled to COBRA insurance coverage. For a complete answer to all your questions, post them at our sister site, http://www.laborlawtalk.com. And thanks for reading our blog! Amelia

  5. Posted by: Franchesca

    Hello, I’m pretty sure that it’s against some Arizona labor law for me to work an 8-9 hour shift without a lunch break. I have been working for this company for a year and 9 months. I have never complained about the fact that I don’t get a break but now I am 4 months pregnant and I really need to make sure that I eat a nutritious meal instead of the unhealthy snacks that I’ve been bringing. I asked my supervisor to please ask her boss if I can have at least a 1/2 hour break. I have not been given a straight answer from anyone and I continue to get lame excuses and reasons why my request has not been filled. Where can I find something that states the law clearly on this subject, in writing, so I can give it to my bosses and possibly threaten to report them?

  6. Posted by: Amelia

    Hi Franchesca! For complete answers to this and all your HR questions, post them on the forum at our sister site, http://www.laborlawtalk.com. And thanks for reading the blog!! Amelia

  7. Posted by: Jason

    Amelia, my helper and I were pulled into the conferance room by the plant manager and were told that our services would no longer be needed at this company. We were given no reason why whatsoever. We have been bending over backwards for the past six months putting in over 200 hrs of overtime. Working 7 days a week sometimes, day shifts and night shifts all in the same week, 12hr shifts, 14 plus hr shifts. Sure we complained sometimes but it was ridiculous. They knew I lived a good hour away too, and my helper is 60 years old and had a heart attack and was taken from this company’s premisis by ambulance but whatever we gave it was never enough. I was with this company for almost 6 years and my helper over 3. Of course there are more injustices that I could write that we suffered but this is only about the question of our dismissal, WITH NO REASON. When I asked why we were told Arizona is a funny state, it’s a right to work state. That’s it nothing more, also our positions were immediately filled by two new men off the street. It just doesn’t seem fair. Jason

  8. Posted by: Amelia

    Hi Jason — I feel your pain! The supervisor understood the concept, but used the wrong language. “Right to work” does not apply in this case. It simply means that employees can’t be required to join a labor union, in order to be hired. The supervisor should have said that Arizona is an “employment at will” state, meaning that an employee can quit without giving any reason at all. By the same token, an employer can fire a worker, without giving any reason at all. There are exceptions for discrimination based on age, sex, race, color, religion, pregnancy, etc. For a more complete answer, please post your question on our sister site http://www.laborlawtalk.com. And thanks for reading the blog! I know things will get better for you! Amelia

  9. Posted by: Ismael

    My collegues and myself have concerns about our employer. We are truck drivers who haul fuel. We have been paid a incentive to cross state lines but, now in a recent pay check I observed that I was not paid that incentive. I advised management and was told that they can make a choice without notice not to pay that incentive. Several of drivers were not compensated as well as myself? Can they do this?

    They also make the employees sign a agreement that when we are in refinery racks or fueling the tanker for the next customer, regardless if it takes the employee 3-4 hours we are to give the company the first hour without pay? Can they do this?

    Also, if we have made a mistake on our pay sheet on miles or time or did not put any delays, they do not pay us and don’t advise us until we receive our checks and advise them why weren’t we paid. We also, have two ladies in the office who can catch these mistakes before, the checks are issued, but don’t. Then we are told that we have to wait to get paid until the next pay period? Which would be two weeks because we get paid every two weeks. I think it’s only fair they pay us immediately, not have to wait two weeks until the next payday? Can they do this? Please advise at your earliest convenience . Thank you.

  10. Posted by: Amelia

    Hi Ismael! That’s a complex situation! For complete answers to your questions, please post them at http://www.laborlawtalk.com. And, thanks for reading our blogs! Amelia

  11. Posted by: Deborah

    I was hired on with a company on March 31, 2008. When I was hired I attended a training and completed new hire paperwork. I was told we would be paid for the training. However, my first salaried paycheck was from April 1st to April 15th and did not include March 31st. Then, about five weeks after I started, they sent me an employee handbook which they had revised on April 15t. I believe this his effected my employment status. When I was hired, I was lead to believe this was a permanent full time salaried position. However, the revised handbook which I was forced to sign (I have a letter that states they will hold any further checks until this revised handbook acknowledgement is signed) appears to have changed my status to a “temporary employee” during the probationary period. I believe the company is having cash flow problems and on June 27th 2008 I was terminated from my salaried position and was offered a commission only job. The company has not been advertising so many of the employees on commssion have not had any business. I could not afford to take that position as my expenses would have excceeded my income. I applied for unemployment and it appears as though I will not qualify do to my so called “temporary status” will the company. Is there anything I can do? I am actively looking for work.

  12. Posted by: Amelia

    Hi Deborah! Wow, this is a tough problem. For a complete answer, please post it on our sister site at http://www.laborlawtalk.com. And thanks for reading the blogs! Amelia

  13. Posted by: Jennifer Guajardo

    Hello,
    I am 5 1/2 months pregenant and work remotely for a company based in Denver, CO. I am being laid off and my last day of work will be 9/15/08 and they are offerring me 2 month salary as a severance. I have been with this company for 9 years and feel that this is an unfair practice. Do you have any suggestions on who I could contact regarding this matter?
    Thanks.
    Jennifer

  14. Posted by: Amelia

    Hi Jennifer! That’s a very tough situation. For a complete discussion, please post your question on our sister site, http://www.laborlawtalk.com. Thanks for reading the blogs!~ Amelia

  15. Posted by: KateJ

    I am trying find any kind of Arizona ruling, or precedent; I work in Az for a Nationwide company that just cut Arizona wages by 20% (across the board) due to the enconomy. As a result, I have tendered my notice, and my final wages will include 140 hours of unused vacation. I have been told that that vacation “pay” will be on the 20% reduced basis. If I accumulated the vacation time before the wage cut, shouldn’t I be paid on that previous salary basis (20% reduction is a chunk!)

  16. Posted by: Amelia

    Hi Kate! For a complete discussion of this important issue, please post it on our forums at http://www.laborlawtalk.com. And thanks for reading the blog! ~ Amelia

  17. Posted by: Codi

    I was hired on with a company in August 2006 making this August my two year anniversary with the company. At one year full time employees like myself get one week paid vacation and at two years we get two weeks of paid vacation. In February of this year we were bought out by a new corporation but we are still the same company. I put in for my two weeks vacation and I am being told by the company that I am no longer eligible for the vacation time. They said that I would have had to already have that time built up before we were bought out by the new corporation. This does not seem fair or legal. I was not informed that I would lose my vacation time at the time of the purchase along with many other employees at my company. Do you have any suggestions on who i could speak to or what needs to be done in order to get my paid vacation?

  18. Posted by: Amelia

    Hi Codi! This is a tough situation! For a complete answer to your question, please post it on our sister site at http://www.laborlawtalk.com. And thanks for reading the blogs! ~ Amelia

  19. Posted by: Lynn

    I would like to know if you are a salary employee and you call out sick is there a law that says the employer has to pay you. Our employee handbook does not say there is a limit for salaried employees only a cap on hourly employees sick time. Thanks

  20. Posted by: Amelia

    Hi Lynn! This is an interesting issue! For a complete answer, please post it at our HR forum on http://www.laborlawtalk.com. And thanks for reading the blogs!~Amelia

  21. Posted by: Lynn

    Message
    I work for a Telemarketing company and we have inside sale reps. We have been paying them commission vs hourly (minimum wage).

    We are finding that several of our reps. have come to rely on the minimum wage and are not making sales. Do we have to pay minimum wage or can we just pay straight commission? If we do have to pay minimum wage vs commission, do we have to pay overtime for any hours worked over 40 even if we did not ask them to work those hours, or can we just pay minimum wage?

    Thank you

  22. Posted by: Amelia

    Hi Lynn! Yes, you’ll need to pay the minimum wage to your employees. Outside sales people can be salaried exempt under the federal FLSA, but not inside sales people. That same law requires employers to pay overtime to any worker who puts in more than 40 hours per week — even if the employer did not ask the worker to do so. In fact, even if the employer specifically forbids employees from working overtime, they can be fired or disciplined for it, but they must be paid time-and-a-half for each overtime hour worked.

    There is a simple solution to both of your problems. You can establish minimum sales quotas for each employee, and discipline or terminate those who do not meet thier quotas. The slackers will quickly find that they need to perform better, if they are written up when they don’t. The minimum acceptable sales level can coincide with the effort necessary to get their commission up to minimum wage level.

    You can also establish a firm policy of not allowing overtime unless it is specifically approved by a supervisor, and disciplining any employee who works unauthorized overtime.

    By the way, we have a special forum for employers and HR pros set up to answer questions exactly like this. It’s at http://www.humanresourcesblog.com. Feel free to ask any questions over there. And thanks for reading the blogs!~ Amelia

  23. Posted by: chris

    Amelia
    I have been working for a family owned company that refused to pay overtime. I have worked about 1 hour overtime a week for the last 7 1/2 years
    they have also altered payroll records to show that I only worked 40 hours a week. What should I do.

  24. Posted by: Amelia

    Hi Chris! Well, I have good news and bad news. First, the bad news. Arizona does not have any overtime law at the state level.

    Federal law may apply if the employer has annual revenue of $500,000 or more. Or, if the employee’s duties include interstate commerce (mail, using email or the Internet, catalog sales, buying from out-of-state vendors, accepting credit card payments, etc.)

    So you may not be entitled to overtime at a higher rate.

    Here’s the good news: Under both Arizona and federal law, employees must be paid for all hours worked. That means that while you may not be entitled to time-and-a-half for that extra hour, you are entitled to payment at your regular rate.

    You should contact both the Arizona Industrial Commission and the Wage and Hour Division of the US Department of Labor at http://www.dol.gov about this. Usually, their investigations and back wages only extend for 3 years in the past.

    It may also be time to look for a job with a more ethical employer. For more suggestions, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blog!~ Amelia

  25. Posted by: jon

    I worked at a convenience store for 2 years and had no write ups. They fired me for giving a customer a refilll price insted of regular price when the customer comes in the store a lot. I guese you just can’t be nice to people any more. It was a total of 60 cents. How can that be legal? When another employee lost them over 200 dollars in cash, in the same month, he did not even get written up for it the last 2 times. He did the first time. How is that fairor even legal, for them to that?

  26. Posted by: Amelia

    Hi Jon! Most people would agree that treating employees fairly is just good management. However, there is no law that companies must be managed well.

    An employee might easily see charging regular customers a lower price as just being nice. In fact, the employee might believe that it is good for business. But, the business owner may see it as stealing. To him, it is very much like giving your friends free candy bars. That said, a good manager would simply tell the employee not to do it again, rather than fire him or her.

    Without knowing all the details, we can’t tell if the $200 incident is relevant or not. If the decision to fire or not fire the worker was made based on his or her race, color, religion, sex, age (over 40), pregnancy, disability, etc. then it would be illegal discrimination. However, if the decision was made for another reason — even an unfair one — then it is not illegal. For a more complete discussion, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~Amelia

  27. Posted by: Amber Holmes

    I feel that I have been wrongfully terminated from [employer name deleted]ST in Safford, Arizona. When I was hired in Oct. of 2007 there were two requirements that went along with the job: 1. That I obtain a CDL and 2. That I obtain my Level I (one) Wastewater Operator certification. Both of these requirements needed to be met within my first year. Not only have I met both requirements, I was also able to pass my level II (two) certification in that amount of time.
    Once I was hired , my boss and my coworker both told me that on the day of my initial interview, another person who has an office in the building but doesn’t actually work for ST (he works for the City of Safford, ST’s client) said, “You’re not going to hire that dyke, are you?” At which time my future supervisor, the plant manager supposedly told him that that kind of language would not be tolerated.
    This person, Harry Williams, has had it in for me ever since I started working there and is the reason another coworker, Jesse Mitchell, elected to retire early.
    When Jesse retired, ST hired a replacement and this person, Trent Hancock has also told me that Harry does not like me and that he freely uses the term “dyke” when referring to me.
    A couple of months ago my partner, my mother, and the City Mayor showed up at my office with flowers and a cake to congratulate me on passing my level II certification testing and when they left, my supervisor Jeremy Samuels told me that he was “really pissed that the Mayor showed up unannounced.”
    Since that day things have been strained for me at work and I have since found out that the outgoing City Manager for Safford hand-picked ST and Jeremy Samuels specifically for the wastewater contract with the City of Safford. When the Mayor was reelected, the City Manager quit, leaving Jeremy without his “protector.”
    There is more to this story that I can get into if you decide to take this case.
    Finally, I went to Jeremy about six weeks ago to complain that Harry was making me feel really uncomfortable with some of the things that he was saying to me and to others. Jeremy’s response was: “Just try to stay away from him…he’s our client.” That is what I have tried to do, but I do not enjoy being around Harry. I hate that he can get away with some of the slander that I know he spreads about me.
    So, I began looking for work elsewhere and had an interview at the lab for the local copper mine. This was on Wed. September 22nd.
    On Monday, September 29th, I went in to work as usual, was called into the boss’ office and “let go.” The only reason given to me was that I had been “a few minutes late a couple times last week.”
    I have NEVER been spoken to or written up for being late. To date, I still haven’t even received any dismissal paperwork, though they did send me a final paycheck via fedex.
    I have copies of all my time cards as well as a copy of the employee handbook which details the process for disciplining employees for tardiness. This process includes verbal and written warnings followed by suspensions and ultimately termination.
    What I want to know now is if I have any kind of case. I don’t know why I was fired and never saw it coming. I have gotten good reviews at each interval and only recently got a small raise as a result of my new certification level.
    If you think I have a case, will you please call me at your earliest convenience to recommend my next course of action?
    Sincerely,
    Amber Holmes

  28. Posted by: Amelia

    Hi Amber! This is a tough issue, and we wish we could offer more hope. It certainly sounds like you are the target of discrimination based on your sexual orientation. Unfortunately, that type of discrimination is not illegal under federal or Arizona law. It’s not fair and it’s not right, but it’s not against the law.

    Under Arizona law, it is illegal to discrimination in employment based on race, color, sex, national origin, religion, age (over 40), disability, or pregnancy. That is also true of federal law. You can read more info at this site: http://www.azag.gov/civil_rights/discrimination.html#Employment

    An alternate explaination would be that the company let you go simply because they learned you were looking for another job.

    You may have a case for wrongful termination, since the company did not follow its own policies for discipling an employee who was tardy. Or, you may have a case against Mr. Harry Williams for slander or liable. Your best bet would be to consult an attorney about possibly filing a lawsuit. Unfortunately, it is doubtful that the Arizona or U.S. Department of Labor will be able to help you, because it appears that no laws have been broken. HTH, and thanks for reading the blogs!~ Amelia

  29. Posted by: brianna

    The company I am working for told me I would be making $6.90 an hour but what they didn’t tell me till I had already worked there for a week is that I didn’t make base pay on Friday, Saturday, and Sunday, I would only make commistion. So the days I worked on the weekend I worked for free. I was also told that I could not leave the stand more then 5 mins and could only leave twice and had to eat lunch at the stand. Later on they told me that the chair that we were given to sit and rest in would be taken away because sales were low and we weren’t doing our jobs that they were paying us for. The chair was taken away later that week so we were made to stand and for me being 7 months pregnant and they always schedule me for 12 hour shifts since no one else can work and they themselves don’t want to work. I have to work just to make sure I can make an ok pay check and I still worked 12 hour shifts on the weekend and when I dont sell anything I work for free. He then told me last week that starting october 16th he would only be paying commishion and would no longer be paying the base pay at all no matter what, that would mean I would have to sell $500 dollars worth of product to even earn the base pay I was making. I just don’t know what to do because I don’t think this is legal or fair, is he doing anything wrong or am i just being silly?

  30. Posted by: Amelia

    Hi Brianna! You are not being silly at all. These are horrible working conditions. If employers had to take a test like the driver’s license test, this guy would fail it.

    It sounds like you are working in a retail environment, like a mall kiosk. The minimum wage in Arizona is $6.90 per hour. The employer must pay you $6.90 per hour for the time you work, even if you don’t sell anything. If there is any paycheck where you do not earn $6.90 per hour for the time you worked, you should report the employer to the industrial Commission of Arizona. (In some cases, if you average more than $6.90 per hour in commissions over the pay period, the employer would not have to pay you an hourly wage.)

    The employer lied to you about your wages, by promising the legal minimum wage and then changing it to a commission-only basis on Friday, Saturday and Sunday. That is unethical, and it may be illegal. However, it is going to be hard to prove, unless both payment policies are in writing, or you have witnesses to his initial promist to pay an hourly wage.

    A few states have laws requiring employers to provide chairs or meal breaks to workers. Arizona does not. However, employers must make a reasonable accommodation for employees with a disability, and for this purpose pregnancy is a disability. If your doctor provides a note that you should not be on your feet for 12 hours, and must have a chair, the employer will have to provide one. If he does not, contact the EEOC at http://www.eeoc.gov regarding discrimination under the ADA, Americans with Disabilites Act.

    Also, the employer cannot limit the number of bathroom visits you must make, especially since you are pregnant.

    Technically, employers are not permitted to take negative actions against employees who report illegal conduct. That is called retaliation, and it is illegal. If you were fired for any of the above reasons, you would probalbly qualify for unemployment.

    You are under no obligation to work 12 hours shifts for this person, just because he can’t find anyone else. His unfair employment practices are why he can’t find anyone else.

    It would be wiser for you to look for another job. Unreasonable employers do not suddenly turn into reasonable people one day, so this is not going to get any better. You can also post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  31. Posted by: nita

    My husband just started working about 2 months ago for a real estate company doing maintenance work on their houses and apartments.He goes to different buildings or homes a day. When he got paid on his last check, he thought it was a little short, and this time when he turned in his paperwork, his boss started deducting hours right there. She said he doesnt get paid to go from job A to job B to job C, etc. He was hired as hourly, not piecemeal. Can she cut his travel time out of his check?

  32. Posted by: Amelia

    Hi Nita! No, this is probably illegal under federal law, and maybe state law as well. Generally under federal guidelines, travel time from the employee’s home to the first worksite of the day (or to the employer’s office) is unpaid. However, when the employee leaves that site, and travels to other worksites, that time is considered “all in a day’s work.” In other words, it is work time and the employee must be paid for it.

    Your best bet would be to contact the U.S. Department of Labor, Wage and Hour Division at http://www.dol.gov and the Industrial Commission of Arizona. You can also post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  33. Posted by: Ina Valperts

    My son lives in Arizona. His boss does not come up with pay for overtime and shorts him on bonuses. My son’s name is Jody. [phone numbers deleted]

  34. Posted by: Amelia

    Hi Ina! This is probably not legal. You or your son should contact the Wage and Hour Division of the U.S. Department of Labor, and the Industrial Commission of Arizona. This is probably a violation of federal overtime laws. For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

    PS Readers: please don’t post your personal contact information on the site. We are not able to contact readers personally, but we will post answers to comments whenever possible.

  35. Posted by: brianna

    Ok, so after I told my boss that he had to pay me hourly becasue it was illegal not to he yelled at me to shut up ,stop my bullshit and that he would pay me anything he pleased becasue he ran his company how he wished. So that day I quit becasue of what he told me. Now, he was supposd to pay me Wednesday, he said that to me Wednesday, and Wednesday my other manager came by trying to pay me in cash. I refused the cash and told her they had to give me a real check. The next day I called him telling him he had to pay me in check form and he yelled at me again about me being a pain in has ass and I would have to pick it up at the work place the next day at one. At four he wasn’t there and called and tells me that he wont be there and to meet him at a second location. I go to the second location, I”m waiting and he calls again to go to the thrid location. On my way to the third location he calls me again and tells me that my check is with a friend of his in the QT parking lot. I say fine and when I get there this guy I dont know has my check. Its not in any envelope or any thing no break down of what he took out of it and its still short a hundred dollars. Just a cashiers check with my name on it in this guys pocket. Can i make a court case out of all this?

  36. Posted by: Cheryl

    Hey there…
    I was let go and now the employer is attempting to blame all company failings on me and slandering me…. First I was accused of stealing, fraud and the dollar figure changes depending on whom they are speaking with.

    They apparently are going to formally complain and such but I am sure this is threats only. Do I have any rights in stopping them? I know beyond a doubt I DID not take anything period from this firm!

  37. Posted by: Amelia

    Hi Cheryl! This is an interesting situation. It is normal for an employer to blame mistakes and problems on a former employee. In fact, it’s almost routine. However, accusing the former employee of fraud and stealing goes way beyond what is acceptable.

    It is not clear how the employer would lodge a formal complaint, unless they contacted the police. There is no “official” clearning house for complaints about former emloyees.

    However, what the employer is doing is either libel or slander. You can contact an attorney. The lawyer will send a letter to the former employer, threatening a lawsuit if they continue. This will almost certainly stop the rumors.

    If you can’t afford an attorney, you can call the employer or send a letter reminding them that unless you have been tried and convicted of stealing from them, they are subject to a lawsuit if they spread rumors.

    Also post a question on our sister site at http://www.laborlawtalk.com, and thanks for reading the blogs!~ Amelia

  38. Posted by: Ravshanbek

    Hello. My name is Ravshanbek. I work for [Employer name deleted], a food company. My problem is: When I was hired a rep of UFCW,which is Union organization, came to the orientation and had us signed some paperwork. It turned out a yearly contract.They took advantage of my poor English and they actually taking 9 dollars and some cents from my paycheck every single week. I called them so that to cancel my membership with the company. They said that I could not cancel it before I complete the year. I don’t know what to do who to talk to about the issue. So I would like to get some advice from you.
    I appreciate your help.

  39. Posted by: Amelia

    Hi Ravshanbek! That’s an interesting question! For a complete answer, please post it on our sister site at http://www.laborlawtalk.com. HTH,and thanks for reading the blogs!~ Amelia

  40. Posted by: Nikkie

    My boyfreind has been working for [employer name deleted] for the past almost two years and for the past two months he has not got paid. Now thay are refuseing to pay him along with other workers. We have tried to talk to them and they still refuse to pay. I just dont know what to do any more. Please Help Thank you

  41. Posted by: Amelia

    Hi Nikkie! This is obviously illegal. Under Arizona law, employees must be paid at least twice per month and within 5 days of the end of the pay period.

    Our suggestion is that your boyfriend file a wage claim immediately with the Arizona Industrial Commission at http://www.ica.state.arizona.us.

    Is the employer having financial problems? In some cases, if the company goes out of business, the employees may never get paid. For that reason, your boyfriend may want to consider looking for another job. (He may also qualify for unemployment.) For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  42. Posted by: Linda

    My daughter is working for a company and I believe they are being treated unfairly. There are a limited number of computers, so when they get to work they have to wait for a computer to become available, which may be after their start time. Because the computer is how they log in, if the are late because the computers are in use, they are required to make up the time although they scanned their badges and were in the building and ready to work on time. If they do not make up this time they are written up. They work 6 days a week 7 hours per day with 1/2 hour unpaid lunch. My daughter was involved in an accident 15 months ago, hit by a drunk driver. His sentencing was on Friday 11/14. She provided the letter from the court requesting the day off to be told she could have the day off, but she would have to work her day off which is Thursday. This meant she would have to work 7 days straight. Because she was not feeling good and called off on Thursday and was in court on Friday she was told she had to make up the time Saturday and Sunday. Because she did not make up the time, she was written up.
    Please tell me this is illegal. It is not their fault if they can not get a computer in time or if they are sick why are they penalized if they take a day off. They work 39 hours per week if they put in more then that, that’s a write up. There are no benefits. Granted she doesn’t have to be there. She is seeking employment elsewhere but for those that stay what can be done> Who do they contact and how?

    Linda

  43. Posted by: Amelia

    Hi Linda! Yes, this is illegal on both fronts.

    Under federal as well as California law, an employee must be paid for all time worked. That includes time waiting to use a computer, or waiting for work to be available.

    California is one of the few states that provides mandatory unpaid leave for all employees who are victims of violent crimes to attend judicial proceedings. The employer should have given your daughter the time off, without requiring that she make it up. Unfortunately, that does not excuse your daughter for being absent the day before.

    Our suggestion is that you contact the California Division of Labor Standards Enforcement on both these issues. They can direct you to the proper enforcement agency.

    For more info, you can also post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  44. Posted by: Don

    The company I worked for in Arizona closed our Call Center this month without any advanced warning. It was very unprofessional the way they did it. When I applied for Unemployment Benefits, I discovered that the Company didn’t report any earnings for the last four quarters to the state of Arizona for me. I had been employed there for over the last two years. I had to take proof of wages to the local Employment Office. How serious is this for the Company? And what would be my recourse? Thanks, Don

  45. Posted by: Amelia

    Hi Don! This is very serious for the company. Thank goodness that you had proof of earnings, so that you could collect unemployment benefits.

    The company basically has not been paying their Arizona unemployment taxes. They will be fined, plus have to pay the back taxes.

    Often when a company breaks one employment law, they break others as well. Has the company been withholding federal income taxes from your check? They may have violated the federal WARN act, which requires employers to give workers (and the community, and the state department of labor) 60 days notice when shutting down a facility, or laying off more than 50 people. If you suspect the company has violated WARN or any additional employment laws, you might want to file a complaint with the state or federal department of labor. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  46. Posted by: Alex

    Hi Amelia

    Here’s my situation. I have been working for my company for over a year now. It was my first job when I moved here from out of state. I was working overtime hours and was not being paid time and a half for them. When I asked why, my manager told me that in the state of Arizona overtime was not required to be paid. I was hitting 120 hours every pay period. 8 months later the labor board questioned all of us about our hours and I told the truth. 2 days later my hours were cut drastically to about 60 every pay period. That’s a HUGE income change for me and I am raising a family which has gotten very hard for me. Is there anything I can do to get back pay for those overtime hours?

  47. Posted by: Amelia

    Hi Alex! Whether or not you can get back pay for the overtime hours will depend upon whether the company is covered under federal law. The employer was right — Arizona has no overtime law at the state level. So only companies covered by the federal overtime law, must pay overtime. (The company was required to pay you straight time for all hours worked, but it appears that they did so.)

    Companies with annual revenue of $500,000 or more are required to pay employees overtime after 40 hours per payroll week, under the FLSA or federal Fair Labor Standards Act. Companies that engage in interstate commerce are also required to pay overtime. Buying products from an out-of-state vender, or having an internet connection at work, or accepting credit cards for payment, usually qualifies the employer as engaging in interstate commerce.

    Even when the company does not engage in interstate commerce, an employee may be covered under federal law. For example, if the employee produces products to be sold out of state, or works in the mail room shipping and receiving packages from out of state, that employee would be covered under federal law, and entitled to overtime (even if other employees at the company were not.)

    Contact the U.S. Department of Labor, Wage and Hour Division at http://www.dol.gov, and file a complaint. They will determine if you are covered by the federal law. If you are, they will file a lawsuit (at no charge to you) to collect for you. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

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