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Can my employer hold my overtime wages to be paid out in different pay periods.

Peoria, AZ |

I worked 2 days overtime 3 weeks ago, for some reason my punch didnt take so i wasnt paid my overtime on that pay period but i filled out a sheet and submitted it right away. HR included one of the two days in this pay period, so i asked abouth the second and she said it would go on the next pay period. Can they space out my overtime pay like that? Also, I am unsure if they are even going to pay me my overtime wages...they have to right?

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Attorney answers 1


Arizona law requires employers to have at least two pay periods per month, spaced no more than 16 days apart. Employers must pay all wages due each pay period. In other words, they can't delay payment of wages to a subsequent pay period. Most employees are entitled to overtime pay for all hours over 40 in a work week. Some employees fall into one of several overtime "exemptions," however. A lawyer would need more information about how your are paid and your job duties to determine whether you a exempt from overtime. Good luck.

My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.



I was in transition of positions in the same company and was finishing up my last weekend in the old position. I worked 12 days straight. My new boss seen that I had overtime but that there was an error in my punches and said "oh good (HR) can fix it so that it shows up in as different department" After speaking with HR she is placing one of the overtime days in a different pay period and Im afraid its so that I wont have to be paid at my overtime wage. I get paid 13.30 and my overtime has been 20.00 in the past.