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Arizona Roofing Overtime Case: Hourly Plus Piece-Rate Pay and Missing Records

Roofing companies often combine hourly pay with flat amounts for completed jobs. A recent Arizona investigation shows why every payment and every hour must enter the overtime calculation.

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Arizona Roofing Overtime Case: Hourly Plus Piece-Rate Pay and Missing Records

Quick answer: The Department recovered $147,708 for 61 roofers and assessed $12,320 in penalties after finding incomplete records and overtime errors involving hourly and piece-rate pay.

The compensation problem

Employees received hourly wages for some work and piece-rate amounts for completed roofing jobs. The employer did not maintain complete records of the hours associated with piece-rate work.

Mixed-pay calculation

Hourly and piece earnings are added together and divided by all hours worked. An additional half-time premium is generally due for hours over 40 when straight time is already included.

Example

Other compensable time

Roofers may also have paid time loading materials, attending safety meetings, traveling between sites, returning vehicles, and completing cleanup.

Records

Frequently Asked Questions

Can roofers be paid by the job?

Yes, but hours and overtime still apply.

How are two pay types combined?

Add earnings and divide by all hours.

Does site-to-site travel count?

Generally yes.

Are safety meetings paid?

Required meetings generally are.

What was the recovery?

$147,708 plus $12,320 in penalties.

Official Sources

This article is for general educational purposes and is not legal, tax, accounting, payroll, or employment advice. Rules can change and may differ by state, locality, occupation, employer, and employee circumstances.

Reviewed for accuracy by the OvertimePayUSA editorial team using official labor sources such as the U.S. Department of Labor and state agencies.
Official Sources

This calculator is for educational purposes only. Consult your employer or a labor attorney for advice specific to your situation.

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Frequently Asked Questions

Can my employer require me to work overtime?
Yes. Employers can require overtime work. However, they must pay the required overtime premium (1.5x or higher per state law) for hours over the threshold. Refusing to work overtime may result in termination, but employers cannot refuse to pay overtime premiums that are legally owed.
What should I do if I think I'm owed unpaid overtime?
Document everything: save pay stubs, time records, emails, and any communications about hours worked. Calculate what you believe is owed. Contact your employer in writing first. If they don't respond satisfactorily, file a complaint with your state Department of Labor or the U.S. Department of Labor Wage and Hour Division. Consider consulting an employment attorney for large amounts.
Is my salaried position automatically exempt from overtime?
No. Many salaried positions still qualify for overtime pay. Exemption requires: (1) earning above the minimum threshold (~$35,500 federally, varies by state), and (2) spending more than 50% of time in exempt duties (executive, professional, administrative). If unsure, file a wage claim or consult an employment attorney.
Can I get overtime pay if I work multiple jobs?
Federal overtime laws (FLSA) typically count only hours for a single employer. However, some states have more generous rules. Hours worked for different employers at the same time usually don't combine for overtime purposes unless you're an independent contractor. Check your state's Department of Labor for specific rules.
What's the statute of limitations for claiming unpaid overtime?
Federally, you have 2-3 years to file a lawsuit for unpaid wages (3 years for willful violations). State laws vary: California allows 3-4 years, New York allows 6 years. For administrative complaints, the timeframe is often shorter (1-2 years). Act quickly if you believe you're owed wages.
Do I have to be paid for meal breaks?
If you work during a meal break or cannot take a true break away from your workstation, that time must be paid. If you take an actual, uninterrupted break (usually 20+ minutes), it can be unpaid. Rules vary by state—check your state's Department of Labor for specifics.
Can roofers be paid by the job?
Yes, but hours and overtime still apply.
How are two pay types combined?
Add earnings and divide by all hours.
Are safety meetings paid?
Required meetings generally are.
What was the recovery?
$147,708 plus $12,320 in penalties.
⚖️ Statutory Legal Authority: Overtime pay calculations strictly follow the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207 and U.S. Department of Labor (WHD) Regulations 29 C.F.R. Part 778. State daily overtime rules comply with California Labor Code § 510, Colorado COMPS Order #38, and Alaska Stat. § 23.10.060.