Arizona Wage Act Explained: Treble Damages When You're Not Paid On Time

Short version: If your employer doesn’t pay what you’re owed, Arizona law lets you sue for up to three times the unpaid wages. Separately, minimum-wage and overtime laws (state and federal) can add liquidated damages and attorney-fee awards. These provisions give employees strong leverage in wage disputes.

What Counts as “Wages” in Arizona?

Arizona defines wages broadly as nondiscretionary compensation owed for work. This includes hourly pay, salary, commissions, piece rates, and earned bonuses. If you performed the work and the pay was promised or earned under a contract, it generally counts as wages.

If you were also fired after raising concerns about unpaid wages or discrimination, see our post on [Retaliation in Arizona Employment Cases].

Final Paycheck Deadlines

• If you’re discharged: the employer must pay all wages within seven working days or by the next regular payday, whichever comes sooner.

• If you quit: wages are due by the next regular payday for that pay period.

Employers who miss these deadlines risk exposure to treble damages under the Arizona Wage Act.

The Treble Damages Hammer (A.R.S. § 23-355)

When wages are wrongfully withheld, you can bring a civil action and recover up to treble the unpaid wages. Treble damages are discretionary — not automatic — but courts apply this statute regularly, especially where the wages are not in dispute or the employer acted without justification.

Attorney’s Fees — When Are They Recoverable?

There are three common pathways to attorney-fee recovery in wage cases:

1. Federal FLSA (overtime/minimum wage): A prevailing employee is entitled to reasonable attorney’s fees and costs.

2. Arizona Minimum Wage Act (A.R.S. § 23-364(G)): Prevailing employees are entitled to recover fees (and are protected from retaliation for asserting their rights).

3. Contract-based wages (A.R.S. § 12-341.01): In actions arising out of contract — such as unpaid commissions or other wage claims stemming from the employment relationship — Arizona courts may award fees at their discretion.

Note: Not every wage claim fits all three buckets. Many non-minimum-wage disputes proceed under A.R.S. § 23-355 (treble damages) plus a discretionary fee claim under § 12-341.01.

Administrative vs. Court Enforcement

Employees have options for enforcement:

• Arizona Industrial Commission: Handles minimum-wage claims and can investigate complaints.

• U.S. Department of Labor: Oversees federal FLSA claims for minimum wage and overtime.

• Civil lawsuits: For larger claims, treble damages, or when administrative remedies are insufficient, employees often file directly in court.

Knowing the right forum matters — smaller claims may be more efficiently resolved administratively, while higher-value claims are usually pursued in court.

Step-By-Step if You’re Unpaid

1. Collect documents: offer letter/contract, paystubs, emails/texts confirming rates or commissions.

2. Calculate what’s owed (the principal amount) and note the final-paycheck due date under A.R.S. § 23-353.

3. Send a demand citing A.R.S. § 23-355 (treble damages) and, if applicable, FLSA or A.R.S. § 23-364 attorney-fee provisions.

4. File suit if necessary. In smaller cases, employees may also pursue an administrative wage claim, but for significant sums, court is often the better venue.

FAQs

Q: How long do I have to sue for unpaid wages in Arizona?

A: Generally, one year for wage claims under A.R.S. § 12-541. For FLSA claims, you usually have two years (three years if the violation was willful). Don’t wait — missing these deadlines can bar your claim.

Q: Do I have to file with the EEOC for wage claims?

A: No. EEOC deadlines apply to discrimination or retaliation claims, not ordinary unpaid-wage disputes.

Q: Can I get both treble damages and liquidated damages?

A: Double recovery for the same dollars is limited. Courts will usually award the greater of the two remedies depending on how the case is pled and proven.

Bottom Line

Arizona law provides strong protections when employers fail to pay wages — from strict paycheck deadlines to treble damages and attorney-fee awards. If your wages are overdue, it’s important to act quickly, gather your documents, and consult with an employment attorney about your options.

• If you believe you've been retaliated against based on discriminatory reasons (gender, race, age, nationality, etc.), see our post on Retaliation Claims.

• If you believe you've been retaliated against based on reporting a potential violation of Arizona state law, see our post on the Arizona Employment Protection Act.

• If you have questions on whether your time off is covered under the FMLA or ADA, see our post on FMLA vs. ADA.

Disclaimer: This post is for general information only and is not legal advice. Every case is different — consult an attorney to evaluate your situation.