Section R20-5-1213. Findings and Order Issued by the Department

A.      Except as provided in R20-5-1219, after receipt of a complaint alleging a violation of the minimum wage requirement of the Act, or alleging retaliation under the Act, the Department shall issue a Findings and Order of its determination. The Depart- ment shall send its Findings and Order to both the employer and the complainant at their last known addresses served per- sonally or by regular first class mail. If the complaint named affected employees, the Department may send a copy of its Findings and Order to the affected employees.

B.       If the Department determines that an employer has violated the minimum wage payment requirement, the Department shall order the employer to pay the employee, and if applicable, affected employees, the balance of the wages owed, including interest at the legal rate and an additional amount equal to twice the underpaid wages.

C.      If the Department determines that a retaliation violation has occurred, the Department shall direct the employer or other person to cease and desist from the violation and may take action necessary to remedy the violation, including:

1.        Rehiring or reinstatement,

2.        Reimbursement of lost wages and interest,

3.        Payment of penalty to employees or affected employees as provided for in the Act and this Article, and

4.        Posting of notices to employees.

D.      If the Department determines that no retaliation has occurred the Department shall notify the parties and shall dismiss the complaint without prejudice. After notification of the Depart- ment’s determination, the complainant may bring a civil action under A.R.S. § 23-364(E).

E.       The Department may assess civil penalties for recordkeeping, posting, and other violations under the Act and this Article as part of a Findings and Order issued under subsection (A) or the civil penalties and other violations may be assessed as a sepa- rate Findings and Order. If issued as a separate Findings and Order, the Department shall serve, personally or by regular first class mail, the Findings and Order on the employer and, if a complaint has been filed, the complainant.

F.       The Director of the Department shall sign the written Findings and Order issued by the Department.

G.      If an employer does not comply with a Findings and Order issued by the Department within 10 days following finality of the Findings and Order, the Department may refer the matter to a law enforcement officer.

Historical Note

New Section made by emergency rulemaking at 13

A.A.R. 473, effective January 25, 2007 for 180 days (Supp. 07-1). Emergency renewed at 13 A.A.R. 2785, effective July 17, 2007 for 180 days (Supp. 07-3). New Section made by final rulemaking at 13 A.A.R. 4315,

effective January 13, 2008 (Supp. 07-4).