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[ ] Yes [ ]No

Ars†23-351 designation of paydays for employees; payment; exceptions; violation; classification

Does the district designate two or more days in each month, not more than 16 days apart, as fixed paydays for payment of wages to its employees?

Does the district, on each of the regular paydays, pay to the employees all wages due the employees up to such date except (1) in cases of employees remaining in the service of the district, wages for not to exceed five days labor may be withheld, and (2) in cases of certified employees under contract and clerical employees, the annual salary may be prorated in any number of payments and 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?

When an employee's wages are paid by deposit in a financial institution, there shall be furnished to the employee a statement of 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. Is the district in compliance?

[ ] Yes [ ]No

Ars†23-352 withholding of wages

Does the district prohibit withholding or diverting of any portion of an employee's wages unless one of the following applies?

The district is required or empowered to do so by state or federal law.

The district has prior written authorization from the employee.

There is a reasonable good faith dispute as to the amount of wages due including the amount of any counterclaim or any claim of debt, reimbursement, recoupment or setoff asserted by the district against the employee.

Is payment of wages or compensation due an employee under this section in lawful money of the United States by negotiable check, draft, money order or warrant which can be immediately redeemed in cash at a bank or other financial institution, payable on demand or by deposit in a financial institution of employee's choice and dated not later than the day upon which the check, draft, money order or warrant is given and not otherwise?

[ ] Yes [ ]No

Ars†23-391 overtime pay: work week

If the district Governing Board determines that, under federal law, an employee is serving in a position that is eligible for overtime compensation, and subject to availability of funds, is such compensation provided at the following rates:

1. One and one-half times the regular rate at which such person is employed or

2. One and one-half hours of compensatory time off for each hour worked

If federal law does not mandate overtime compensation, the employee shall receive the regular rate of pay or compensatory leave on an hour to hour basis at the discretion of the Governing Board.

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Source:  OpenStax, Arizona education law review: gary emanuel, northern arizona university. OpenStax CNX. Oct 09, 2009 Download for free at http://cnx.org/content/col11123/1.6
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