My question involves employment and labor law for the state of: Arizona
Hi I live in Arizona, and I worked for an employer who told us that we were not to work past our scheduled shift, but that we were also not to leave work unfinished as we were involved in shipping and things were time sensitive, so we were encouraged to work off the clock to get things finished on time. From the time I started till the day I was terminated I worked at least 1 hr each day off the clock with some days as much as 10 hrs off the clock. I worked roughly 130 hrs off the clock. I have filed a small claims case and have had difficulty serving them the paperwork as he is the statutory agent, and he does not live in az which is a violation of az law, the statutory agent must live in az and be available during business hrs. The complaint was served but I cannot get the subpoena for the records he has that support my case that prove several of the days I worked off the clock, those records are transactions I did off the clock as well as my time sheet that show I was off the clock when they were processed. I know that under flsa laws they allow for a good faith estimate, but how am I to justify 130 hrs off the clock without records to show I worked them?
Another problem I have is when I was hired I was told that I was on probation for 3 months and as such I would not be put on payroll till after probation was over. During the probation I was payed differently every pay day, sometimes cash, personal check, sometimes they would physically deposit money to my account, the problem is they took taxes out each time, but when I got my w2 it said that taxes withheld was 0 for everything.
After I was terminated I sent him an email telling him not to withhold anything from the final paycheck4 days before he cut the check, so that I could afford my rent. I know he read the email too. The final paycheck was short $250 he told me the paycheck was cut on the same day as my email, but the check had a date 4 days after the email, meaning he lied just to screw me.
My court case is suing for the time worked off the clock, the money withheld for taxes that were never paid and for the damage caused by his withholding the money from my last paycheck which he was asked not too.
So my question would be how to I prove the hrs worked off the clock? Am I right to sue for the damage caused by his withholding money from my final pay? And am I right to sue for the money he withheld for taxes but never paid to the its? And finally what's my best way to structure my argument?
Ty for any help.

