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AZ: 15th Pay delayed due to MLK Holiday

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  • AZ: 15th Pay delayed due to MLK Holiday

    The company I work for in the state of AZ has the designated pay days as the 15th and the 30th but I was told by my manager that due to the 15th falling on a Sunday under normal circumstances I would be paid on Monday the 16th but due to the fact that Monday is a holiday I won't receive my pay until Tuesday the 17th and I was thinking that I would receive it on Friday the 13th.Is this in accordance to AZ state law? I read that according to Article 23-351.A. Each employer in this state shall designate two or more days in each month, not more than sixteen days apart, as fixed paydays for payment of wages to the employees.

    but then I read C. which states:

    Each employer shall, on each of the regular paydays, pay to the employees, in lawful money of the United States, or in negotiable bank checks or, in the case of the state or any political subdivision thereof, warrants payable on demand and bearing even date with the payday or, with the written consent of the employee, by deposit on the payday to the employee's credit at a financial institution of the employee's choice which is a member of the federal deposit insurance corporation or of any other comparable federal or state agency, all wages due the employees up to such date, except:

    1. In the case of employees remaining in the service of any such employer, with the exception of school district employees, all wages other than overtime or exception pay not to exceed five days of labor may be withheld. School districts may withhold wages during their normal two week payroll processing cycle. An employer other than a school district may satisfy the requirements of this paragraph by any of the following:

    (a) Personally delivering the wages to the employee no later than five days after the end of the most recent pay period.

    (b) Depositing the wages in the United States mail no later than five days after the end of the most recent pay period for delivery to an address specified by the employee.

    (c) Personally delivering the wages to the employee no later than ten days after the end of the most recent pay period for an employer whose payroll system is centralized outside the state of Arizona.

    So is it lawful for the employer to withhold wages in this instance? If I am paid on the 17th it will be 18 days since my last pay period.

  • #2
    No, it is not. And not because of all the things you cited, but because the law specifically states that, if the payday falls on a scheduled payday, you must be paid early, not late. See here:
    http://www.ica.state.az.us/Labor/lalawfaq.htm#Q2
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I spoke with my manager and informed her of the information you provided to me in your reply thread.She said that the pay days at the company have always been paid out like that.If the 15th or the 30th fell on a Saturday then the employees were paid on Friday.If the 15th or the 30th fell on a Sunday the employees were paid on Monday.She said that she would speak with the HR department at our corporate office.She then sent out an email stating that Monday is a federal holiday and we are neither hourly nor salaried employees and therefore we will not recieve our pay until Tuesday the 17th.She says that our wages are classified as a draw and because of that classification we are considered commissioned employees and therefore it is not unlawful to extend our pay day to Tuesday,January 17th.

      Is this true?

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      • #4
        Doesn't make any difference. A draw is wages when it is paid; it is not a "salary advance" as many people think. However, you're free to contact the AZ Dept. of Labor and pose the question and get an opinion from them.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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