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Arizona - Payday falls on weekend before federal hoilday

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  • Arizona - Payday falls on weekend before federal hoilday

    We are a small company and have no employee manual, however a memo was put out establishing our regular paydays are on the 5th and 20th of each month. Our payroll person insists that if the payday falls on a Sunday, they can pay us on Monday (they pay on Friday when the payday falls on Saturday). Our most recent payday was on Sunday, however Monday was a Federal holiday. Even though we were open and fully operational on Monday, they seized the opportunity to hold our checks an extra day until Tuesday.

    A.R.S. 23-351 clearly states paydays must not be more than 16 days apart. I can find no exception for when the established paydays fall on a weekend and/or holiday.

    Since we last got paid on the 4th (5th was a Saturday) it seems to me they were required to give us our checks no later than the 20th. Even if they were allowed to count the 5th as the payday (which I doubt they could since it was a Saturday and they have established a pattern of paying on Friday when paydays are on Saturday), it seems they would have been required to pay us no later than the 21st.

    Am I reading this correctly or is there a set of AZDOL laws that allows this monkey business?

    By the way, our payroll is processed through an outside company, in case that matters at all.
    Last edited by gweedoh; 02-23-2011, 11:03 AM.

  • #2
    I think you're reading that correctly.

    The issue is, though, is that the ICA (the Arizona Dept. of Labor) would take your complaint and put it very near the bottom of the pile. For one day past 16 days, when there are probably hundreds of claims for nonpayment of wage, period, this is going to be a very low priority for them.
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    • #3
      Originally posted by Pattymd View Post
      I think you're reading that correctly.

      The issue is, though, is that the ICA (the Arizona Dept. of Labor) would take your complaint and put it very near the bottom of the pile. For one day past 16 days, when there are probably hundreds of claims for nonpayment of wage, period, this is going to be a very low priority for them.
      Of course. The previously mentioned payroll person is a lawyer and claimed that 'per AZ law', they could operate the way they are. I was sure she was full of crapola, but just wanted to make sure there wasn't something somewhere else I was missing in the event I decide to call her out on it at some future time.

      Thanks for the reply!

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