Bill Text: AZ HB2685 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Loan originators; examination
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Introduced - Dead) 2014-03-17 - House Committee of the Whole action: Do Pass Amended [HB2685 Detail]
Download: Arizona-2014-HB2685-Introduced.html
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REFERENCE TITLE: employee paydays; violation |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2685 |
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Introduced by Representatives Hernández, Gabaldón, Larkin, Miranda, Peshlakai: Alston, Campbell, Cardenas, Contreras, Escamilla, Gonzales, Mach, McCune Davis, Mendez, Meyer, Otondo, Saldate, Sherwood, Steele, Senators Dalessandro, McGuire, Meza
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AN ACT
amending section 23-351, Arizona Revised Statutes; relating to employment practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-351, Arizona Revised Statutes, is amended to read:
23-351. Designation of paydays for employees; payment; exceptions; violation; classification
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.
B. Notwithstanding the provisions of subsection A of this section, each employer in this state whose principal place of business is located outside the state of Arizona this state and whose payroll system is centralized outside the state of Arizona this state may designate one or more days in each month as fixed paydays for payment of wages to the following employees:
1. Professional, administrative or executive employees or employees employed in the capacity of an outside salesman as those terms are defined under the fair labor standards act of 1938, as amended.
2. Employees employed in a supervisory capacity as defined under the national labor relations act.
C. Each employer shall, on each of the regular paydays, shall pay to the employees
all wages due the employees up to such that 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 business days after the end of the most recent pay period.
(b) Depositing the wages in the United States mail no later than five business days after the end of the most recent pay period for delivery to an address that is 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 this state.
2. In the case of
employees of school districts or of the Arizona state schools for the deaf and
the blind, the annual salary may be prorated in any number of payments, and the
employee may select whether to have the salary prorated or paid during the
actual months worked. If the employee's salary is prorated, all such payments still due at the close of the school
attendance year or fiscal year may at the option of the employee be paid in
either a lump sum or paid within a period of two months after the close of the
fiscal year.
3. Overtime or exception pay shall be paid no later than sixteen days after the end of the most recent pay period.
D. An employer may choose one of the following methods to pay wages to employees under subsection A of this section:
1. In lawful currency of the United States.
2. In negotiable bank checks.
3. In the case of this state or any political subdivision of this state, warrants payable on demand and bearing even date with the payday.
4. 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 that is a member of the federal deposit insurance corporation or any other comparable federal or state agency.
5. If the employer has offered deposit on the payday to the employee's credit at a financial institution of the employee's choice that is a member of the federal deposit insurance corporation or any other comparable federal or state agency and the employee does not provide consent and does not designate a financial institution, by deposit on the payday to the employee's credit to a payroll card account.
E. When an employee's
wages are paid by deposit in a financial institution, the employee shall be furnished with a
written or electronic statement of the employee's earnings and
withholdings. Any wage deposit plan adopted by an employer shall
entitle the employee to one withdrawal for each deposit, free of any service
charge to the employee. The consent of an employee for payment of
wage by deposit in a financial institution shall not constitute a prior
assignment of wages to the financial institution and is revocable at any time
prior to the transmittal to the financial institution by the
employer. No A person shall not be denied employment nor
discharged or reprimanded for refusal to consent to payment of wage by deposit
in a financial institution.
F. When an employee's wages are paid to a payroll card account, the employee shall be furnished with a written or electronic statement of the employee's earnings and withholdings. A payroll card account plan adopted by an employer shall entitle the employee to one free withdrawal for each deposit of wages per pay period but not more frequently than once per week. An employer shall also provide a list of all fees associated with the use of an employer‑provided payroll card account to an employee who receives wages by deposit to a payroll card account.
G. Subsection B of this section shall not apply to employees whose salaries are subject to provisions of collective bargaining agreements.
H. Each employer in this state, in its discretion, may pay all wages due to an employee by deposit on the payday at a financial institution of the employee's choice or, if the employee does not designate a financial institution, to a payroll card account. For the purposes of this subsection, "financial institution" means a member of the federal deposit insurance corporation or of any other comparable federal or state agency.
I. Any employer who
violates a provision of
this section is guilty of a petty offense class 3 misdemeanor.
