Damages You Can Recover for Unpaid Wages in Arizona
Arizona workers are entitled to fair compensation for their labor. When employers fail to honor this fundamental right, employees can seek damages for unpaid wages, including backpay, interest, and penalties.
Keep reading to learn about the types of recoverable damages available and the steps you can take to ensure a successful claim. While the process may seem daunting, knowing what you are entitled to and how to secure your unpaid wages can make a significant difference in repairing your situation.
Overtime can be one part of an unpaid wage claim. Our article to overtime pay rules for Arizona workers explains when it applies.
Damages for Unpaid Wages in Arizona: Key Points
What damages can you recover for unpaid wages? It depends on which law applies to your claim. These points give a general overview.
- The unpaid wages come first: Back pay can include regular hours, overtime, bonuses, and commissions you earned under an employment contract or wage law.
- Arizona law can multiply the amount: An employee who sues over wages that are due may recover an amount treble the unpaid wages (A.R.S. § 23-355(A)). For minimum wage violations, A.R.S. § 23-364(G) adds interest and an additional amount equal to twice the underpaid wages.
- Federal law can double it: Employers who violate federal minimum wage or overtime rules can owe the unpaid amount plus an equal amount as liquidated damages (29 U.S.C. § 216(b)).
- Legal fees may be recoverable: Both the federal wage law and Arizona’s minimum wage law provide for reasonable attorney’s fees and costs for a prevailing employee, though the rules differ by claim.
Types of Damages Available for Unpaid Wage Claims
Unpaid wages in Arizona can occur in various ways, including non-payment of overtime, minimum wage violations, illegal deductions, and failure to pay for all hours worked. In all cases, Arizona and federal laws provide several avenues for recovery. Federal law sets the baseline for overtime pay. Read our overview of federal overtime law for the basics. Depending on your circumstances, here are the damages you may be able to recover:
- Back pay. This includes regular hours, overtime, and any bonuses, commissions, and other forms of compensation agreed to in your employment contract or under state law.
- Treble damages. Arizona law allows employees to recover damages up to three times the regular pay on unpaid wages. This interest is a penalty for the payment delay and can add significant amounts to the total recovery.
- Liquidated damages. The Fair Labor Standards Act (FLSA) and Arizona law may entitle eligible employees to liquidated damages. This amount is equal to your unpaid back wages, doubling the compensation your employer owes you.
- Attorney’s fees and legal costs. Arizona law permits the recovery of reasonable attorney’s fees and other legal expenses incurred in pursuing unpaid wage claims.
Keep in mind that every wage claim is unique. The specifics of your situation will determine the exact nature and amount of your recoverable damages.
Your Paycheck Matters
When Pay Goes Missing, You Deserve Clear Answers.
Being shorted on pay can mean falling behind on rent, bills, and everyday needs. Shields Petitti & Zoldan can listen to what happened, explain which wage laws may apply and what you may be able to recover, and help you decide on your next step.
Book a ConsultationHow Do I Recover Unpaid Wages?
Arizona Revised Statutes, Title 23, Article 7 outlines an employee’s options for recovering unpaid wages, including guidelines for filing a wage complaint with the Industrial Commission of Arizona (ICA) or a civil action against an employer in state court. But here are several other essential steps to consider:
- Contact your employer. If you feel comfortable, discuss the issue with your employer and request they pay your unpaid wages. They may not be aware of the problem, or it could be an oversight.
- Document everything. Collect all relevant information, such as hours worked, wage rates, pay stubs, and any communication related to your unpaid wages. Accurate records will strengthen your claim.
- Act promptly. Remember that Arizona’s statute of limitations only allows a one-year window to file wage claims.
- Consult an attorney. An experienced attorney who understands employment law can explain your rights and the best course of action. They can also handle negotiations, ensure correct and prompt filing, and, if necessary, litigate on your behalf.
- Consider alternative dispute resolution. Your attorney may suggest mediation or arbitration, which may be a viable path to resolving unpaid wage disputes and offer a quicker and less adversarial means of achieving a fair settlement.
By taking appropriate action, maintaining thorough records, and seeking professional legal assistance, you can confidently navigate the recovery process and increase your chances of recovering what your employer owes you.
Unpaid Wage Recovery Questions, Answered
You may recover the wages themselves, including overtime, bonuses, or commissions you earned, plus additional amounts the law allows. Arizona’s wage statute allows recovery of treble the unpaid wages (A.R.S. § 23-355), and federal law can add an equal amount in liquidated damages for minimum wage and overtime claims. Which remedies apply depends on your claim.
Treble damages means three times the amount owed. Under A.R.S. § 23-355(A), an employee who sues over wages that are due may recover an amount treble the unpaid wages. It is a remedy set by statute, not interest, and a court decides what is actually awarded in your case.
Sometimes. Federal law provides that a prevailing employee in a minimum wage or overtime case recovers reasonable attorney’s fees and costs (29 U.S.C. § 216(b)), and Arizona’s minimum wage law gives a prevailing plaintiff the same (A.R.S. § 23-364(G)). Fee rules for other wage claims can differ, so ask an attorney.
In some cases. Arizona’s minimum wage law provides for back wages with interest plus an additional amount equal to twice the underpaid wages (A.R.S. § 23-364(G)), and the FLSA adds an equal amount as liquidated damages for unpaid minimum wage or overtime. Whether these can combine with other remedies depends on the claim.
Start by gathering pay stubs, time records, your contract or offer letter, and any messages about pay, then note what you believe you are owed. Options can include a wage claim, an agency complaint, or a lawsuit, and deadlines apply. The firm’s contact form lets you request a phone, Zoom, or in-person consultation.
Protect Your Unpaid Wages with the 50+ Year Experience of Shields Petitti & Zoldan, PLC
Shields Petitti & Zoldan, PLC understands employees’ unique challenges. We know that when employers refuse to pay employees what they owe them, it destabilizes lives. That’s why our skilled attorneys offer clear, expert guidance to help clients through the process.
Our experienced attorneys are compassionate advocates who have devoted their careers to bettering employee’s lives. You deserve fair treatment, and Shields Petitti & Zoldan is here to ensure you are. If you believe your employer owes you unpaid wages, don’t wait any longer; contact us now. The sooner you take action, the sooner you can set things right.
