Dealing With Unpaid Wages in Arizona
My employer hasn't paid me — here's what Arizona law says and what to do next.
Statute: Ariz. Rev. Stat. § 23-353
Deadline: 7 days
Penalty: Employer may be liable for treble (3x) damages if wages are not paid within the statutory period, plus costs and reasonable attorney fees
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Arizona differs from federal law
Arizona's minimum wage is significantly higher than the federal rate, established by voter initiative (Proposition 206 in 2016):
- 2024: $14.35/hr (standard) — adjusted annually based on CPI
- Tipped employees: $11.35/hr ($3.00/hr tip credit allowed; tips must bring total to at least $14.35/hr)
- Arizona's minimum wage increases every January 1 based on the Consumer Price Index
- Flagstaff has a higher local minimum wage ($17.40/hr in 2024)
- Arizona law also requires employers to provide earned paid sick time (Proposition 206)
- Small employers (fewer than 15 employees) must provide at least 24 hours of paid sick time per year; larger employers must provide 40 hours
Additional steps in Arizona
File minimum wage complaints with the Arizona Industrial Commission, Labor Department at (602) 542-4515 or online at azica.gov. You can also file with the federal DOL or bring a private civil action. Arizona law provides for recovery of unpaid wages plus an equal amount in damages.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Arizona, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Arizona.