5 Things you should Know if your employer doesn’t pay wages


Posted August 12, 2020 by EmployeeLawoffice

If the employer terminated or laid the employee off, all wages must be paid within 7s working days or the end of the next regular pay period, whichever is sooner.
 
Your employer is legally obliged to pay you wages for the work you perform. But if your employer refuses to pay your wages, here are 5 things you should know.

Deadline for payment of wages

Arizona law requires employers to pay wages at least twice a month, with pay days being no more than 16 days apart. However, different standards apply if the employee no longer works for the employer.

If the employer terminated or laid the employee off, all wages must be paid within 7s working days or the end of the next regular pay period, whichever is sooner. If the employee resigned, payment is not due until the next regular pay day for the pay period in which the employee resigned.

Difference between exempt and non-exempt employees

All employees are entitled to the minimum wage. But different standards apply to exempt and non-exempt employees when it comes to overtime.

Non-exempt employees, who work over 40 hours a week, are entitled to overtime wages under state and federal law. If the employer misclassifies an employee, an employee classified as exempt by their employer may actually qualify as a non-exempt employee under the eyes of the law.

Employees who have not been paid the minimum wage and/or overtime (if eligible) may be entitled to damages of double or triple back pay for up to 3 years, attorney’s fees, and costs.

Employers may withhold wages in specific cases

Under Arizona law, there are3 circumstances under which an employer may withhold an employee’s wages:
• The employer can withhold wages under state or federal law
• The employee had earlier provided a written authorization to withhold wages
• There is a reasonable good faith dispute asserted by the employer against the employee about the wages due

If none of the above apply, the employer that fails to pay wages timely may be doing so illegally.

You may seek legal action

For claims of $5,000 or less, you may file a claim with the ICA (Industrial Commission OF Arizona). If your claim is over $5,000, you should consult an attorney to discuss your options. An experienced attorney can help you understand whether you have other potential claims under state and federal law, in addition to claims for unpaid overtime.

Remedies you can seek

If your employer has failed to pay you in bad faith, you may be eligible to recover up to 3 times your unpaid wages as damages. That means, employees may be able to recover considerable sums for unpaid wages in some cases. Talk to your wage and hour attorney about your case.

To learn more, consult one of the leading sexual harassment and wage and hour attorney in Phoenix, AZ at Chahbazi Law PLLC or call 602-282-5868 Now! Attorney Meenoo Chahbazi uses her extensive experience and passion for employment equality to represent Arizona employees in a wide range of employment matters.
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Issued By Employee Law Office
Business Address 4742 N. 24th St., Suite 300, Phoenix, AZ 85016 
Country United States
Categories Law , Legal
Tags class action lawyers phoenix arizona , employment attorney phoenix az , sexual harassment attorney phoenix az
Last Updated August 12, 2020