Do I have to work off the clock / unpaid overtime?

Question

Accepted Answer

This question is governed primarily by federal law, not Arizona law. Whether you must be paid for off-the-clock work and overtime is governed by the federal Fair Labor Standards Act (29 U.S.C. § 207; 29 C.F.R. § 785.11), which is outside the scope of the Arizona sources provided here — for advice on your specific situation, please consult a licensed attorney.

What the Arizona sources do show:

- Arizona has no general private-sector overtime statute in these sources. The main Arizona overtime provision, A.R.S. § 23-391, applies only to employees of the state or a political subdivision in positions designated as overtime-eligible, and even then it largely tracks whether federal law mandates overtime compensation .
- A separate statute, A.R.S. § 23-392, sets overtime rules only for persons engaged in law enforcement activities (hours over 40 in a workweek) and probation officer activities (hours over 80 in a two-week period) .
- Arizona law does require that overtime or exception pay, once owed, be paid no later than sixteen days after the end of the most recent pay period .
- None of the provided Arizona sources directly address whether a private-sector employee can be required to work off the clock or without overtime pay; that issue is covered only partially here, and the gap is filled by federal law rather than these sources.

Because your question turns on federal law, please consult a licensed attorney or the U.S. Department of Labor about your rights.