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Last updated on: December 28th, 2023

Hours & Pay Regulations

Normal Working Hours

The Fair Labor Standards Act defines the workweek as a fixed and recurring period of 168 hours comprised of seven consecutive 24-hour periods that do not need to coincide with the calendar week. It is adjustable only if the change is designed to be permanent. Each week is considered on its own for purposes of calculating overtime. The hours of two or more weeks may not be averaged.

Overtime

The FLSA requires most employees in the U.S. to receive overtime pay at time and one half the regular rate of pay for all hours worked over 40 hours in a workweek. Under the DOL’s FairPay Rules, workers paid up to $23,660 annually, or $455 a week, are automatically guaranteed overtime protection, regardless of title or duty.

 

Breaks

State labor laws do not regulate employee breaks, lunch periods or the number of hours that may be worked, leaving these to the employer’s discretion, with some exceptions (e.g., statute stipulates the number of hours that minors under the age of 16 may work, as well as the types of work that minors under the age of 18 may perform).

Annual Leave

Unpaid Leave Based on Agreement between employer and employee (FSLA). The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations or holidays (federal or otherwise). These benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative). Alaska does not have holiday pay or vacation pay stated in the law and is decided on the basis of employer and employee agreement.

Special Leave

Paid  Sick Leave

Employees are entitled to earned paid sick time and accrue a minimum of one hour of earned paid sick time for every 30 hours worked, subject to the following limitations:

  • Employees whose employers have less than 15 employees may only accrue or use 24 hours of earned paid sick time per year;
  • Employees whose employers have 15 or more employees may only accrue or use 40 hours of earned paid sick time per year; and
  • Employers are permitted to select higher accrual and use limits.

Earned paid sick time may be used for the following purposes:

      • Medical care or mental or physical illness, injury, or health condition; or
      • A public health emergency; or
      • Absence due to domestic violence, sexual violence, abuse, or stalking. Employees may use earned paid sick time for themselves or for family members. Arizona Revised Statutes § 23-373.
Crime Victim Leave

Employers with 50 or more employees also must allow employees who are crime victims to take leave for certain reasons; however, this leave can be unpaid.

Unpaid Leave
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to main United States page for further details on this Federal law.
Funeral Leave

Funeral Leave is based on an agreement between employer and employee.

Jury Duty Leave

Employers must provide employees summoned for jury duty with paid time off in order to serve as jurors. Employees are required to provide their employers with their jury summons the next working day after the employees receive them. An employer may not require an employee to use annual, vacation, unpaid leave, or sick leave for time spent serving as a juror. The employer may be able to deduct wages the employee received for serving as a juror from the employee’s compensation. An employer may not discharge or subject an employee to any adverse employment action due to serving as a juror, provided the employee returns to work following dismissal from jury duty.

Voting Leave

Employees who are registered to vote must be permitted to take the necessary time off from work, up to one hour, to vote in any municipal, county, state or federal primary or general election. Employees must provide reasonable notice to their employers if they require time off to vote. The employer may specify the hours of leave. However, if an employee’s work schedule begins at least two hours after the polls open, or ends at least one hour prior to the polls closing, the employee is not eligible for voting leave.

Donor Leave

State employees are allowed up to 30 days paid leave for organ donation and 5 days for bone marrow donation. (§41-706, R2-5AB609).

Disclaimer: The material provided above is for informational purposes only and is subject to change. We endeavor to keep all material up-to-date and correct but make no representations about the information's completeness, accuracy, or reliability. Laws vary by jurisdiction and are subject to change and interpretation based on individual factors that may differ between organizations. The material is not meant to constitute legal advice and we suggest you seek the advice of legal counsel in connection with any of the information presented.