If you’re a worker in Arizona who believes your employer has violated labor laws, you may be wondering what recourse you have. One common avenue in California is a PAGA claim, but does it apply in Phoenix, Arizona?
The sections below explain PAGA claims and identify other similar legal avenues available in Arizona.
What Is a PAGA Claim?
The Private Attorneys General Act (PAGA) is a California law that allows private individuals (i.e., employees) to file lawsuits on behalf of the State of California against employers who violate the California Labor Code.
In essence, a PAGA claim allows an employee to exercise the power of the California Labor and Workforce Development Agency (LWDA) to enforce labor laws. If successful, the employee and the state share in the penalties recovered from the employer.
Does PAGA Apply in Phoenix, Arizona?
PAGA does not apply in Arizona. It is exclusive to California. Arizona does not have a similar law that empowers private citizens to act on behalf of the state to enforce labor code violations.
However, Arizona workers have other avenues for addressing unpaid wages, overtime issues, discrimination, or retaliation. Such employees may file claims under state and federal laws, such as:
- The Fair Labor Standards Act (FLSA)
- The Arizona Wage Act
- The Arizona Employment Protection Act
- Anti-discrimination laws like Title VII, the ADA, and ADEA
These laws provide pathways to hold employers accountable for violating an employee’s rights.
How Do I File an Employment Law Claim in Phoenix, AZ?
If you believe your employer violated your rights in Arizona, here’s how you can proceed:
1. Identify the Type of Violation
Start by determining what kind of violation occurred. Common labor law issues include:
Your legal strategy and choice of agency or court will depend on the specific violation.
2. Gather Evidence
Before filing a claim, collect relevant documentation:
- Pay stubs
- Work schedules
- Timesheets
- Emails or written communications
- Witness statements
This evidence is crucial to support your claim.
3. File a Complaint With the Appropriate Agency
Depending on the issue, you may file your complaint with one of the following:
- Arizona Industrial Commission for wage and hour claims under Arizona law.
- U.S. Department of Labor for violations under the FLSA.
- Equal Employment Opportunity Commission for workplace discrimination or harassment.
- Arizona Attorney General’s Office for state-level discrimination complaints.
Each agency has its own deadlines, procedures, and filing requirements.
Can I File a Class Action Lawsuit Instead?
In Arizona, if multiple employees are affected by the same violation (such as a company-wide unpaid overtime policy), you may be able to file a class action lawsuit. While this is different from a PAGA claim, it serves a similar function and allows a group of employees to seek remedies collectively.
How an Employment Lawyer Can Help You Understand Your Rights
Although PAGA claims are not available in Phoenix, workers still have legal protections under state and federal law. If you suspect your employer has violated labor laws, you can file complaints with the appropriate government agency or pursue legal action with the help of an employment attorney.
An experienced attorney can help you:
- Evaluate your claim
- Determine the best legal venue
- Draft and file a formal complaint or lawsuit
- Negotiate a settlement or represent you in court
Contact a Phoenix employment lawyer who can assess your case and guide you through the process of seeking compensation and accountability.
Call Today To Speak With a Phoenix Employment Attorney
While PAGA claims are limited to California, Arizona workers still have strong protections under state and federal law. If your employer has failed to pay wages, denied overtime, discriminated against you, or retaliated for asserting your rights, you don’t have to face the situation alone.
A knowledgeable Phoenix employment lawyer can review your circumstances, determine the most effective legal strategy, and help you file the proper claim or lawsuit.
To learn more about your options and protect your rights as an employee, contact Houk Employment Attorneys today to schedule a free, confidential consultation.
Our employment law firm is conveniently located near you, with an office in Phoenix, AZ.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
