In Arizona, workers are protected by both federal and state laws regarding wage and hour requirements. The major federal law governing wages and hours is called the Fair Labor Standards Act (FLSA).
Arizona labor laws address not only the payment of the basic minimum wage but regulate how many hours an employee can be required to work.
Here, we will focus on Arizona state law including pay day requirements (frequency and manner), minimum wages and overtime pay.
Pay Day Requirements: How Often
An Arizona employer must pay wages every two weeks. Each pay day can't be more than sixteen days apart. An employer may pay wages by cash, check, or direct deposit, so long as the employee consents.
What is the Minimum Wage in Arizona?
The minimum wage for employees is $7.90 per hour. The minimum wage for tipped employees is $4.90 per hour. The minimum wage will be increased annually every successive January 1st by the increase in the cost of living.
Who is a “tipped” employee?
A tipped employee is an employee who customarily and regularly receives tips, including the occupation of waiter, waitress, bellhop, busboy, car wash attendant, hairdresser, barber, valet, and service bartender. The employee must actually receive the tip free of any control by the employer.
Is the Arizona minimum wage the same for both adult and minor employees?
Yes. There is no distinction made between adults and minors when it comes to payment of the minimum wage.
When is an Employee Entitled to Overtime Pay?
Arizona does not have a specific overtime law, but instead follows federal labor laws. You may be eligible for overtime pay under the federal Fair Labor Standards Act for working over 40 hours in one (1) week.
Where can an Employee File a Wage Complaint if the Employee Believes they Have not been Paid Properly?
Complaints may be filed with the Industrial Commission of Arizona.
Is there a Penalty to an Employer for Failing to Follow Wage and Hour Laws?
Yes. Failure to pay the legal minimum wage and other violations may result in payment of back wages and civil or criminal action where warranted. An employer who retaliates against an employee is required to pay penalties sufficient to compensate the employee and deter future violations, but not less than $150 for each day that the violation continued or until legal judgment is final.
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Wage and Hours in the Workplace
1) Fair Labor Standards Act (FLSA) ) (Federal)
2) Arizona Minimum Wage Act: A.R.S. 23-364
|Pay Day Frequency||
|Method of Payment||
Cash, check, or direct deposit if the employee consents.
Hourly Employees $7.90 per hour
Under federal law, employers are required to pay non-exempt employees 1½ times the employee’s regular hourly rate for any hours worked over 40 during any single workweek. Overtime cannot be offset by working fewer hours in the second week of the pay period.
|Workers Not Covered Under the State Minimum Wage Laws||
***Workers not covered under Arizona minimum wage law may still be entitled to protection under federal law***
|Meal Breaks||Arizona does not require employers to provide meal breaks. However, you are entitled to be paid if you have to do any work during a break. Generally, you are entitled to be paid for any short breaks your employer provides.|
Note: State employment laws are constantly changing. Please conduct your own research or consider contacting a local employment lawyer who can help you better understand current Arizona laws if you have further questions or concerns.
Have a Local Attorney Evaluate Your Wage and Hour Claim for Free
Getting paid for your hard work should be a no-brainer, but sometimes -- either through employer error or willful deceit -- employers don't pay their workers properly. If you believe you have been unfairly paid in Arizona, you may want to consider getting a free legal evaluation of your potential claim.
Contact a qualified attorney.