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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: COM DP 10-1-0-0 |
HB 2744: industrial commission; wages; adjudication
Sponsor: Representative Rivero, LD 27
House Engrossed
Overview
Authorizes the Industrial Commission of Arizona (ICA) to investigate and adjudicate matters related to overtime wage pay violations.
History
The Fair Labor Standards Act (Act) authorizes the U.S. Department of Labor (USDOL) to investigate and supervise the payment of unpaid wages or unpaid overtime compensation owing to any employee. The Act mandates that employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. The Act specifies that there is no limit on the number of hours employees aged 16 and older may work in a workweek and is applied on a workweek basis. The Wage and Labor Division of the USDOL is the primary agency responsible for enforcing overtime laws under the Act.
If an employer fails to pay the wages due to the employee, the employee may recover in a civil action against an employer an amount that is treble the amount of the unpaid wages. Alternatively, an employee may file a written claim with the ICA for unpaid wages against an employer if the amount of such wages does not exceed $12,000 and if such claim is filed within one year of the accrual of such claim. The ICA, on behalf of an employee, may obtain judgment and execution, garnishment, attachment or other available remedies for collection of unpaid wages established by the department's final determination (A.R.S. §§ 23-355, 23-356).
Provisions
1. Authorizes the ICA to investigate and adjudicate matters related to overtime wage pay violations. (Sec. 1)
2. Requires an employee to file a complaint with the ICA within a year of the occurrence of the alleged violation. (Sec. 1)
3. Requires the ICA to adopt rules governing the complaint process and investigation procedures. (Sec. 1)
4. Prescribes the ICA's authority in overseeing overtime wage adjudication cases. (Sec. 1)
5. Preserves an employee's ability to pursue other legal remedies. (Sec. 1)
6. Defines commission, employee and overtime wage. (Sec. 1)
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10. Initials PB HB 2744
11. 2/5/2026 Page 0 House Engrossed
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