A. Instead of proceeding under section 23-355, an employee may file a written claim with the department for unpaid wages against an employer if the amount of such wages does not exceed five thousand dollars and if such claim is filed within one year of the accrual of such claim.

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Terms Used In Arizona Laws 23-356

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Department: means the labor department of the industrial commission of Arizona. See Arizona Laws 23-350
  • 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
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • 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

B. The department may, on behalf of an employee, or the employee may obtain judgment and execution, garnishment, attachment or other available remedies for collection of unpaid wages established by final determination by the department.

C. The department may receive payment on wage claims on behalf of employees. The department may deposit, pursuant to sections 35-146 and 35-147, monies it receives as payment on wage claims in a special state fund for disbursement to wage claimants on proper authorization by the department.