Postshift Security Screenings Compensable Under Arizona Law, But Not Federal Law

Arizona Employment Law Letter
Employment & Labor Law
Jodi R. Bohr

The Fair Labor Standards Act (FLSA) requires covered employers to pay employees minimum wage for all hours they work each workweek. The Arizona Fair Wages and Healthy Families Act and its governing regulations likewise require employers to pay minimum wage, again using the number of hours worked in a workweek to determine whether the minimum wage threshold is met. That all sounds pretty simple when the laws align. But consider that Arizona has set its current minimum wage at $11 per hour, which is significantly higher than the $7.25 per hour federal minimum wage. Employers should be aware that the rate more favorable to the employee governs.  But what happens when the laws diverge in a way that isn’t as clear? Employers should be mindful that what constitutes noncompensable time under federal law may be compensable under Arizona law.

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