ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: COM DPA 10-0-0-0

HB 2381: wage claims; employment practices

Sponsor: Representative Hernandez A, LD 20

House Engrossed

Overview

Increases the monetary cap for filing an unpaid wage claim with the Industrial Commission of Arizona (ICA).

History

Title 23, Chapter 2, A.R.S., governs employment practices and working conditions, including requirements for payment of wages, minimum wages and employee benefits. Arizona employers must pay all wages due to employees on each of the regular paydays. Each employer must designate two or more days in each month, not more than sixteen days apart, as fixed paydays for payment of wages to their employees (A.R.S. § 23-351).

If an employer fails to pay the wages due to the employee, the employee may recover in a civil action against an employer an amount that is treble the amount of the unpaid wages. Alternatively, an employee may file a written claim with the ICA for unpaid wages against an employer if the amount of such wages does not exceed $5,000 and if such claim is filed within one year of the accrual of such claim. The ICA, on behalf of an employee, may obtain judgment and execution, garnishment, attachment or other available remedies for collection of unpaid wages established by the department's final determination. (A.R.S. §§ 23-355, 23-356).

Provisions

1. Increases the threshold of unpaid wages for which an employee may file a claim with the ICA for such wages from $5,000 to $12,000. (Sec. 1)

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5. HB 2381

6. Initials Page 0 House Engrossed

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