Receiving compensation for your work is one of the essential arrangements between an employee and employer. As an employee, you have rights under both federal and Arizona law that your employer has to meet when it comes to your paycheck. If your rights regarding your paycheck have been violated, you may be entitled to compensation for your losses.
When Must Paychecks Be Sent Out in Arizona?
In Arizona, regardless of whether you are an hourly or salaried employee, your employer must pay you semi-monthly. You can have an agreement to be paid more frequently than twice per month, but you cannot agree to longer pay periods, such as a pay period that lasts a month.
Thus, if your employer violates these paycheck scheduling rules, they may become subject to legal liability for their actions. In some cases, a class action lawsuit may be needed, especially in cases where several employees have been affected by the paycheck issue.
What Happens to My Paycheck If I am Fired in Arizona?
If you were fired you should be paid your final paycheck within 7 days or by the next payday, whichever one comes first. For employees who have quit, they have to wait until the next payday to receive their final paycheck.
Arizona does have a paid sick leave law that applies to businesses that earn more than $500,000 per year and engage in business in multiple states. However, employers are not required to pay employees who quit or are fired for any unused days.
Can My Paycheck Be Garnished Under Arizona Law?
If you have not paid your taxes or child support or are behind on your student loans, that money can be taken from your paycheck automatically through a process called wage garnishment. Under a wage garnishment arrangement, the court allows the employer to put aside some of the employee’s regular paycheck.
These amounts will then be used for the purpose of paying off the debt. In most cases, the employer will transfer the monetary amounts directly to the court for processing. In other cases, the employer might transfer the funds to a third party agency, whose role is to manage the money and transfer it to the court.
For other debts such as medical debt, the company has to first sue you in court. If the company wins a judgment against you, they may be able to get the court to garnish your paycheck to pay the debt.
Unlike other states, Arizona prevents your employer from automatically deducting money from your paycheck to cover the cost of any product or tools you might have broken. A common dispute in this regard is when an employee causes damage to a company car or vehicle. In order to deduct that money, they need your written consent. The only other option an employer has to recover that money is to sue you in court.
How Does Arizona Handle Wage and Hour Lawsuits?
Many Arizona paycheck disputes have to do with the number of hours the person has worked, or the wage rate they are being paid. For instance, an employee’s paycheck might be less or incomplete because of a discrepancy regarding the number of hours they have worked. Or, in some cases, the paycheck might be incomplete because the wrong wage rate was used in calculating the paycheck amount.
Here, the employee may be entitled to file a wage and hour lawsuit in order to resolve the missing amounts in their paycheck. In this type of lawsuit, the court will examine various forms of evidence (such as previous pay stubs) in order to determine the appropriate remedy for the employee. Paycheck disputes can also involve some issues with overtime pay and overtime wage rates.
In addition, an employer is not allowed to withhold a paycheck in Arizona, unless there is a good faith dispute between the employer and employee about the amount. If you are having trouble getting your final paycheck, you can file a complaint with the Labor Department of the Industrial Commission of Arizona.
How Does Arizona Handle Paychecks and Employment Discrimination ?
Employers are prohibited from discriminating against their employees (and candidates) on the basis of their race, age, national origin, sex, religion, and other statuses. For instance, they cannot withhold a paycheck from an employee simply based on their race.
They also cannot show preferential treatment to other workers due to their age, race, religion, etc. Also included in these categories are the person’s pregnancy status, and whether they have any legally-recognized medical disabilities.
In cases where employment discrimination is an issue in connection with the paychecks, it may be necessary to file a legal claim. Here, the employer will likely need to file a claim with the Equal Employment Opportunity Commission (EEOC) before they can file a private lawsuit.
Where Can I Find the Right Lawyer for Issues with My Paycheck in Arizona?
If you are having difficulty getting your paycheck or getting the full amount you are owed, you need to contact an Arizona employment lawyer. Having a lawyer can make the difference between getting your money back or losing it altogether.