What to Do If Your Employer Isn’t Paying You
The first time your paycheck does not arrive, you might think there has been a clerical error. The second time, it starts to feel personal. By the third time, you are likely wondering, Can I sue my employer for not paying me? In Arizona, the answer is often yes. State and federal laws protect employees from wage theft, intentional or not. If your employer has failed to pay you for hours worked, denied you overtime, withheld final pay, or retaliated against you for asking about your wages, you have legal options.
What Are My Rights Under Arizona Wage Law?
In Arizona, employers must pay employees all earned wages on regular paydays. Arizona law requires employers to pay wages at least twice a month. If an employer terminates an employee, Arizona law also requires the employer to issue a final paycheck within seven working days or the next regular payday, whichever comes first. Under federal law, the Fair Labor Standards Act (FLSA) establishes additional rules regarding minimum wage, overtime, and record-keeping.
You may have a valid wage theft claim if your employer:
- Has not paid you for all hours worked,
- Denied overtime pay despite your eligibility,
- Delayed or withheld your paycheck,
- Misclassified you as exempt or an independent contractor, or
- Reduced your pay in retaliation for raising concerns.
If your unpaid wages do not exceed $5,000, you can file a claim with the Industrial Commission of Arizona (ICA) Labor Department. If your employer owes you more than $5,000 in unpaid wages, you can file a claim with the U.S. Department of Labor Wage and Hour Division or pursue a civil claim against your employer.
Take note: An unpaid wage claim in Arizona may not include overtime wages. If you claim overtime wages, you must file your claim with the U.S. Department of Labor Wage and Hour Division or sue in civil court.
Can I Sue My Employer for Not Paying Me?
Arizona allows private lawsuits against employers who violate wage laws. The Arizona Minimum Wage Act (AMWA) allows employees to bring claims in small claims court, civil court, or through the Industrial Commission of Arizona (ICA). To build your case, collect as much documentation as possible, including:
- Timecards, pay stubs, or schedules;
- Emails or messages that confirm hours worked;
- Copies of complaints made to HR or supervisors; and
- Records of employer conversations or discrepancies.
A skilled attorney at Shields Petitti & Zoldan, PLC can help you calculate what your employer owes you, notify your employer of the claim, and pursue your case in court if informal resolution fails.
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How Long Until You Can Sue a Company for Not Paying You?
If your employer misses a scheduled payday, they have violated Arizona law. There is no grace period. You do not have to wait days or weeks before it becomes illegal.
Employees have one year to file a wage claim for unpaid regular wages and two to three years for unpaid overtime. If the case involves a breach of a contract, such as an employment agreement, the deadline could be up to six years. You must typically file an FLSA claim for willful wage violations within two or three years.
Although these deadlines can vary, acting quickly and consulting an attorney before evidence disappears or deadlines expire is essential.
Can I Sue a Company for Not Paying Me If I Am a Contractor?
Yes, in some cases. While the FLSA and Arizona wage laws do not protect contractors, you may have the right to sue under contract law if your contract clearly states payment terms and a company violated those terms. Misclassification is also common. Companies often label workers as independent contractors to avoid paying overtime or benefits. If your role functions like that of an employee, you may be able to challenge the classification and recover unpaid wages.
Why Shields Petitti & Zoldan, PLC Is the Firm Employees Trust
Can you sue a company for not paying you what it owes you? In Arizona, absolutely. And the law is written to protect your right to do so. But wage theft cases are not always simple. That is why working with a skilled law firm can make all the difference.
At Shields Petitti & Zoldan, PLC, our attorneys have decades of combined experience, nearly $25 million in verdicts and settlements, and a history of recognition from Super Lawyers, Best Lawyers, and major media outlets. We can help you recover what you have earned. Whether you are owed overtime, denied wages, or fighting back against a larger injustice, our team will stand with you and fight for your paycheck to be paid in full.
