What is Arizona's minimum wage?

$8.05 per hour.  This minimum wage is in effect from January 1, 2016 to December 31, 2016.

Does the minimum wage change?

The state’s minimum wage is adjusted each year based on a cost of living formula.  Changes to the minimum wage for the next year are usually announced in October of the current year.


What if the federal minimum wage is lower than Arizona’s minimum wage?

Arizona’s employers must pay Arizona’s minimum wage.  Minimum wage laws requires employers to always pay the higher of the federal or state minimum wage.


Are tipped employees covered under the Arizona Minimum Wage law?

Yes. For employees who receive tips, the employer can pay up to $3.00 less than the minimum wage per hour, if the employer keeps records to show the employee’s hourly wage plus tips equaled the minimum wage. A.R.S. §23-363(C).

Exceptions 

These employees are not covered by Arizona’s minimum wage law
1.    Babysitters who baby-sit on a “casual” basis.
2.    People who are employed by a parent or sibling
3.    People employed by Arizona government or the federal government
4.    People who work for an employer that has sales under $500,000 a year provided the business is not covered by the FLSA (Fair Labor Standards Act). This is a very limited exemption.


Is the employer required to pay employees the state minimum wage if Federal aw does not require the employer to pay a minimum wage or salary?

Yes.  The Arizona Industrial Commission takes the position that employers must pay all employees the state minimum wage for each hour worked in a week even if the employer does not have to pay the employee a weekly salary under the Federal Fair Labor Standards Act (“FLSA”).  For example, under the FLSA, employers do not have to pay a minimum salary to outside salesperson paid on commission.  However, Arizona’s minimum wage law requires employers to pay the outside salesperson paid on commission the state minimum wage when the weekly sales commission falls below the state minimum wage.

Employer Requirements

Does an employer have to post a notice about the state minimum wage law?

Yes. This notice should be posted where other required notices are posted.


Does an employee have the right to look at and copy their payroll records?

Yes. Also, an employee can have a designated representative,  such as a parent,
attorney or union representative, look at the employee’s payroll records.  A.R.S.§ 23-364(D).


Are employees protected from retaliation if they make a claim under the Arizona minimum wage law?

Yes. Employers also cannot retaliate against an employee for assisting any other person that makes a minimum wage claim or informs any person about their rights under the Arizona minimum wage law. A.R.S. §23-364(A).

Resources

Is there an agency where complaints can be filed if an employer is not paying the minimum wage or has retaliated against an employee for complaining that the employer has not paid the minimum wage?

Yes. Complaints can be filed with the Arizona Industrial Commission located at:  

Phoenix: 800 W Washington St, Phoenix AZ 85007 - Phone: (602) 542-4515, and
Tucson: 2675 East Broadway, Tucson AZ 85716 - Phone: (520) 628-5459.
Their e-mail address is:  This email address is being protected from spambots. You need JavaScript enabled to view it..
This is a link to their Web-site - http://www.ica.state.az.us/Labor/Labor_main.aspx.
An employee not paid Arizona’s minimum wage may collect the lost wages and interest on those lost wages.  The employee may also be able to get an additional amount equal to twice the unpaid amount in some cases. A.R.S. § 23-364(G).
An employee should contact the Commission no later than one year after a minimum wage pay violation last occurs. 


Can an employee sue an employer to recover unpaid minimum wages?

Yes.  Employees should consult with an employment law attorney about their right to sue.  Lawsuits about Arizona’s minimum wage law must be filed no later than two years after a violation last occurs, or three years in the case of a willful violation. A.R.S § 23-364(H).


You can find the minimum wage law at A.R.S. §§ 23-362-364.

Some additional information published by the Arizona Industrial Commission about Arizona’s Minimum Wage law located here - http://www.ica.state.az.us/Labor/Labor_MinWag_FAQs_English.aspx

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ARIZONA'S MINIMUM WAGE LAW

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