Section R20-5-1218. Collection of Wages or Penalty Payments Owed

A.      Upon determination that wages or penalty payments are due and unpaid to any employee, the employee may, or the Depart- ment may on behalf of an employee, obtain judgment and exe- cution, garnishment, attachment, or other available remedies for collection of unpaid wages and penalty payments estab- lished by a final Findings and Order of the Department.

B.       If payment cannot be made to the employee, the Department shall receive monetary compensation or penalty payments on behalf of the employee and transmit monies it receives as pay- ment in a special state fund as provided in A.R.S. § 23-356(C).

C.      The Department may amend a Findings and Order to conform to the legal name of the business or the person who is the defendant employer to a complaint under the Act, provided service of the Findings and Order was made on the defendant

or the defendant’s agent. If a judgment has been entered on the order, the Department may apply to the clerk of the superior court to amend a judgment that has been issued under a final order, provided service was made on the defendant or the defendant’s agent.

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).