State Law > Arizona > Arizona Overtime Pay Law

Arizona Overtime Pay Law

 

Arizona’s overtime pay law for public employees is located in Title 23, Chapter 2 of the Arizona Revised Statutes.

23-391. Overtime pay; work week

A. Subject to availability of appropriated funds, an employee of the state or any political subdivision, serving in a position determined by the law enforcement merit system council, the director of the department of administration, the board of regents, the state board of directors for community colleges, the board of directors for the school for the deaf and the blind or the governing body of a political subdivision, in the discretion of such board or body, to be eligible for overtime compensation who is required to work in excess of such person's normal work week, shall be compensated for such excess time at the following rates:

1. One and one-half times the regular rate at which such person is employed or one and one-half hours of compensatory time off for each hour worked if overtime compensation is mandated by federal law.

2. If federal law does not mandate overtime compensation, the person shall receive the regular rate of pay or compensatory leave on an hour for hour basis at the discretion of the board or governing body.

B. Notwithstanding the provisions of subsection A, the state or a political subdivision may provide, by action of the law enforcement merit system council, the board of regents, the state board of directors for community colleges, the board of directors for the school for the deaf and the blind or the director of the department of administration in the case of the state or of the governing body of the political subdivision, for a work week of forty hours in less than five days for certain classes of employees employed by the state or the political subdivision.

23-392. Overtime compensation for certain law enforcement activities; option; definition

A. Any person engaged in law enforcement activities shall be compensated for each hour worked in excess of forty hours in one work week at the option of such employer at the following rates:

1. One and one-half times the regular rate at which such person is employed or one and one-half hours of compensatory time off for each hour worked if by the person's job classification overtime compensation is mandated by federal law.

2. If by the person's job classification federal law does not mandate overtime compensation, the person shall receive the regular rate of pay or compensatory leave on an hour for hour basis.

B. For the purposes of this section, a "person engaged in law enforcement activities" means a law enforcement officer as defined by section 38-1001, a peace officer as defined by section 41-1701, or any security personnel responsible for controlling or maintaining custody of inmates in correctional institutions maintained by the state or a county, city or town. The term "person engaged in law enforcement activities" shall not include any such person employed in a bona fide executive or administrative capacity as defined by the employer.

C. The director of the department of public safety may establish alternate work periods, in accordance with federal law, for the purpose of determining overtime compensation for those employees of the air rescue section of the department of public safety.

D. Notwithstanding subsection C of this section, an alternate work period established by the director of the department of public safety for the purpose of determining overtime compensation shall not exceed twenty-eight days or one-hundred and sixty hours.

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Related Articles

12/06/2008 Arizona Overtime Pay Law - 23-391. Overtime Pay and Work Week Public and State Employees
12/06/2008 Arizona Overtime Pay Law - 23-392. Overtime Compensation For Certain Law Enfocement Activities; Definition Thereof
 

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