No employer may withhold or divert any portion of an employee‘s wages unless one of the following applies:

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Terms Used In Arizona Laws 23-352

  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Employee: means any person who performs services for an employer under a contract of employment either made in this state or to be performed wholly or partly within this state. See Arizona Laws 23-350
  • Employer: means any individual, partnership, association, joint stock company, trust or corporation, the administrator or executor of the estate of a deceased individual or the receiver, trustee or successor of any of such persons employing any person. See Arizona Laws 23-350
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Wages: means nondiscretionary compensation due an employee in return for labor or services rendered by an employee for which the employee has a reasonable expectation to be paid whether determined by a time, task, piece, commission or other method of calculation. See Arizona Laws 23-350

1. The employer is required or empowered to do so by state or federal law.

2. The employer has prior written authorization from the employee. An employer shall not withhold wages under a written authorization from the employee past the date specified by the employee in a written revocation of the authorization, unless the withholding is to resolve a debt or obligation to the employer or a court orders otherwise.

3. There is a reasonable good faith dispute as to the amount of wages due, including the amount of any counterclaim or any claim of debt, reimbursement, recoupment or set-off asserted by the employer against the employee.