Filing a Wage and Hour Claim – Arizona

Does Arizona have state overtime laws that are different from federal law?

Arizona does not have overtime laws that are different from federal law. Additional information on federal overtime law is available at http://www.workplacefairness.org/overtime.

Does Arizona have a minimum wage that is different from federal law?

The Arizona state minimum wage is $7.90 per hour, which is higher than the federal rate of $7.25 per hour. Employers, however, can use tips and gratuities to reduce the minimum wage required to $4.65.

Does Arizona have meal and rest break requirements, unlike federal law?

Arizona does not have any meal or rest break requirements.

How do I file a wage/hour or labor standards claim in Arizona?

You cannot file a wage/hour or labor standards claim in Arizona unless you have worked and not received your pay. When wages owed to an employee are no more than $2,500.00 and the accrual of those unpaid wages does not exceed one year, the employee may file a wage claim with the State Department of Labor. Upon receipt of a claim, the Department will notify the employer of the claim and investigate the case. After investigation of the claim, the Department will provide a written determination that can only be appealed to superior court. An employer who does not comply with a Final Order within ten days after the Order becomes final is liable for treble the amount of the unpaid wages found to be owed. Employees also have the option of filing in the civil courts; however, they cannot file with both the State Labor Department and the civil courts.

Arizona Wage Complaint form: http://www.ica.state.az.us/Labor/Forms/Labor_WagClm_WageClaim.pdf

State Labor Agency

The Industrial Commission of Arizona
800 West Washington Street
Phoenix, AZ 85007
Ph: 602-542-4515
Fax: 602-542-8097
Email: [email protected]

This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.