Arizona Overtime Laws

Arizona has not enacted a state overtime law. For the most part, overtime payments to Arizona employees are governed by the federal Fair Labor Standards Act (FLSA).

Arizona wage and hour law is governed by the Arizona Wage Act. While the Arizona Wage Act does not require payment of overtime for hours over 40, it does require that employees receive their “wages” in a timely fashion. ARIZ. REV. STAT. §23-351 et seq.  At least one court has noted that if it was found that the defendant owed the plaintiff overtime wages under the FLSA, the employee did not receive those “wages” in the time required by the Arizona Wage Act. Rose v. Wildflower Bread Co., 2011 U.S. Dist. LEXIS 5594, *3 (D. Ariz. Jan. 20, 2011)

Minimum Wage Law

Arizona adopted a state minimum wage law that increases minimum wage based on inflation. In 2024, the state minimum wage is $14.70 and is set to increast to $14.70 on January 1, 2025.

Daily Overtime

Arizona follows federal overtime law and does not require employers to pay overtime on a daily basis. Instead, employers must only pay employees for hours worked over 40 in a week.

Statute of Limitations

In Arizona, the statute of limitations for unpaid over claims 2 years under the Arizona Wage Act. The statute of limitations under Arizona law does not extend to willful violations under state law, but litigants may rely on federal overtime law to extend the statute to 3 years for willful violations.

Damages

Arizona employees are typically entitled to the damages afforded to them under federal law, including payment of unpaid overtime, liquidated (double) damages, and attorneys’ fees.