Discrimination on the Job Article

Arizona's Minimum Wage Law

In November 2016, voters increased Arizona’s existing minimum wage and added an employer paid sick leave requirement by approving Proposition 206 - the Fair Wages and Healthy Families Initiative. This publication explains the minimum wage increase.

What is Arizona's minimum wage?

$10.50 per hour as of January 1, 2018.  

Does the minimum wage change?

The minimum wage increases by a set amount each January 1 in 2018, 2019, and 2020.

On January 1, 2018, the minimum wage increases to $10.50 per hour.

On January 1, 2019, the minimum wage increases to $11.00 per hour.

On January 1, 2020, the minimum wage increases to $12.00 per hour.

 On January 1 of each year after 2020, the state’s minimum wage will be adjusted based on a cost of living formula.
Are any employers not covered by the law?

Arizona government and the federal government are employers not covered by this law.

Who is an employee?

Employee" means any person who is or was employed by an employer but does not include any person who is employed by a parent or a sibling, or who is employed performing babysitting services in the employer's home on a casual basis.

Are tipped employees covered under the Arizona Fair Wages and Healthy Families Initiative?

Yes. For employees who customarily and regularly receive tips, the employer can pay up to $3.00 less than the minimum wage per hour.   

What if the federal minimum wage is lower than Arizona’s minimum wage?

Arizona’s employers must pay Arizona’s minimum wage.  Minimum wage laws require employers to always pay the higher of the federal or state minimum wage.

Does an employer have to post a notice about the state minimum wage law?

Yes. This notice should be posted where other required notices are posted.

Does an employee have the right to look at and copy their payroll records?

Yes. Also, an employee can have a designated representative, such as a parent,
attorney or union representative, look at the employee’s payroll records.  A.R.S.§ 23-364(D).

Is the employer required to pay employees the state minimum wage if federal law does not require the employer to pay a minimum wage or salary?

Yes.  The Arizona Industrial Commission takes the position that employers must pay all employees the state minimum wage for each hour worked in a week even if the employer does not have to pay the employee a weekly salary under the federal Fair Labor Standards Act (“FLSA”).  For example, under the FLSA, employers do not have to pay a minimum salary to outside salesperson paid on commission.  However, Arizona’s minimum wage law requires employers to pay the outside salesperson paid on commission the state minimum wage when the weekly sales commission falls below the state minimum wage.

Are employees protected from retaliation if they make a claim under the Arizona minimum wage law?

Yes. Employers also cannot retaliate against an employee for making a claim under the Arizona minimum wage law or assisting any other person that makes a minimum wage claim or informs any person about their rights under the Arizona minimum wage law. A.R.S. §23-364(B).

Is there an agency where complaints can be filed if an employer is not paying the minimum wage or has retaliated against an employee for complaining that the employer has not paid the minimum wage?

Yes. Complaints can be filed with the Arizona Industrial Commission located at:   

Phoenix: 800 W Washington St, Phoenix AZ 85007
Phone: (602) 542-4515

Tucson: 2675 East Broadway, Tucson AZ 85716
Phone: (520) 628-5459

Their e-mail address is:  [email protected]
This is a link to their Web-site - http://www.ica.state.az.us/Labor/Labor_main.aspx

An employee not paid Arizona’s minimum wage may collect the lost wages and interest on those lost wages.  The employee may also be able to get an additional amount equal to twice the unpaid amount in some cases. A.R.S. § 23-364(G).

An employee should contact the Commission no later than one year after a minimum wage pay violation last occurs.
Can an employee sue an employer to recover unpaid minimum wages?

Yes.  Employees should consult with an employment law attorney about their right to sue.  Lawsuits about Arizona’s minimum wage law must be filed no later than two years after a violation last occurs, or three years in the case of a willful violation. A.R.S § 23-364(H)

You can find the minimum wage law at A.R.S. §§ 23-362-364.

Some additional information published by the Arizona Industrial Commission about Arizona’s Minimum Wage law located here - "https://www.azica.gov/labor-frequently-asked-questions-english

Legal Correspondent: Dave Smith   November 22, 2016      Revised January 30, 2018



  • I was given a prescription by my doctor for pain from an automobile accident. I took my meds at work and was fired on the spot, even though I have a prescription,. and was told I was fired because I was taking medicine. Do I have grounds for legal action?
  • I went to the EEOC to discuss my seperation with my employers. They agreed it was unfair but could not help me because we didn't have over 16 employees in the office.(only 9) They suggested I contact an attorney, however when contacting those on the list I was given they all wanted a consultation fee of 300. or more. Is there an attorney I would talk to just to see what my rights are at no charge. I am still un-employed after 6 months!
  • Do I have a case if I have been discrinated against and denied a job due to a disability?
  • I work at an Insurance company, one of the account executive offended me and made me feel incompetent of my job just because Im an Asian. I feel that they are being prejudice. Is this ground for lawsuit of discrimination act?
  • I know blacklisting is illegal but is very difficult to prove unless there is a written paper trail. I believe in my case there is no paper trail it is all word of mouth. Is there anything I can do?
  • My father has cancer and I had submited an FMLA with my employer. They had approved the FMLA. I was required to submit my hours of FMLA used to HR. I have no problem submitting the hours of FMLA used but my problem is when other employees who are on FMLA is not submitting the hours weekly and was not being tracked like I am, shouldnt that fall under Discrimination under FMLA? I think that most of the HR personnel are only there to help the employer but not the employees.Dept labor should enforce that the HR employees should come from a 3rd party that will ensure everyone is treated fairly.
  • I was charged with a crime in 2007 and the district attorney never decided to file charges in time but this charge is on my record is preventing me from job oppourtunities what can I do
  • When I apply for a job, should I tell them about my disability?
  • My boss has laid me off because I will need to go on maternity leave in February. I have him recorded saying so. It's a small office with only 4 employees. He waited until I came back from vacation to tell me I can't come back because he hired someone else since I'll need to take off once the baby is here. Is there anything that can be done?
  • How old do you have to be to get a job in Peoria, Arizona and/or Phoenix, Arizona




  • Please select your county of residence below.



  • State Bar of Arizona
  • Maricopa County Bar
    Referral number 602-257-4434
  • Pima County Bar
    Referral number 520-623-4625
  • National Domestic Violence Hotline
  • Bankruptcy Court Self Help Center
  • Certified Legal Document Preparer Program