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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, each employer in this state whose principal place of business is located outside the state of Arizona and whose payroll system is centralized outside the state of Arizona 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, 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.
2. In the case of employees of school districts or of the Arizona state school 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. When an employee's wages are paid by deposit in a financial institution he shall be furnished with a statement of his 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 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 person shall be denied employment nor discharged for refusal to consent to payment of wage by deposit in a financial institution.
E. Subsection B shall not apply to employees whose salaries are subject to provisions of collective bargaining agreements.
F. Any employer who violates a provision of this section is guilty of a petty offense.
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