Ariz. Rev. Stat. » Title 23
Arizona Revised Statutes

Ariz. Rev. Stat. § 23-355 (2026)

Action by employee to recover wages; amount of recovery

✓ current as of May 2026
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A. Except as provided in subsection B of this section, if an employer, in violation of this chapter, fails to pay wages due any employee, the employee may recover in a civil action against an employer or former employer an amount that is treble the amount of the unpaid wages.

B. This section does not authorize a county school superintendent to issue a warrant in violation of section 15-304 or in violation of any other provision of law.

 

Notes of Decisions
Cited in 148 cases (91 in the last 5 years), 1975–2026 · leading case: Swanson v. Image Bank, Inc., 77 P.3d 439 (Ariz. 2003).
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Swanson v. Image Bank, Inc., 77 P.3d 439 (Ariz. 2003). · cites it 17× “We granted review to determine whether the contract’s express choice-of-law provision assigning Texas substantive law to govern any controversy arising out of the contract precludes recovery of a statutory claim for treble damages under A.R.S. § 23-355. After full review, we…”
Abrams v. Horizon Corp., 669 P.2d 51 (Ariz. 1983). · cites it 26× “14 of these commissions, no good faith dispute existed, and therefore Horizon Corporation was liable for treble damages on this amount under A.R.S. § 23-355. The commissioner denied the Horizon Realty commissions claim, finding in the alternative that (1) the contract “clearly…”
Swanson v. Image Bank, Inc., 43 P.3d 174 (Ariz. Ct. App. 2002). · cites it 30× “(collectively referred to as TIB) appeal from the trial court’s entry of partial summary judgment in favor of plaintifFappellee Mary Virginia Swanson on her claims for breach of contract, treble damages pursuant to A.R.S. § 23-355, and attorney’s fees. The judgment was entered…”
Schade v. Diethrich, 760 P.2d 1050 (Ariz. 1988). · cites it 13× “If Schade was entitled to recover, did A.R.S. § 23-355 permit the trial judge to treble the damages; 3.”
Crum v. Maricopa Cnty., 950 P.2d 171 (Ariz. Ct. App. 1997). · cites it 25× “Crum subsequently filed this lawsuit against the county demanding treble damages under A.R.S. § 23-355 because a portion of his pay was mailed five business days after his discharge and not delivered, as statutorily required, within three.”
Lee v. ING Inv. Mgmt., LLC, 377 P.3d 355 (Ariz. Ct. App. 2016). · cites it 7× “The court granted partial summary judgment in favor of IIM, dismissing Lee’s claim under A.R.S. § 23-355 and rejecting Lee’s calculation of the Severance Agreement’s bonus provision.”
Cummings v. Aviation Specialties Trade Corp., 587 P.2d 255 (Ariz. Ct. App. 1978). · cites it 32× “Considering first the question raised in the appeal, A.R.S. § 23-355 provides as follows: *537 "§ 23-355.”
Apache East, Inc. v. Wiegand, 580 P.2d 769 (Ariz. Ct. App. 1978). · cites it 11× “70, and held that these wages were subject to the treble damage provisions of ARS § 23-355. Wiegand was also awarded $720 for attorney fees.”
Colson v. Avnet, Inc., 687 F. Supp. 2d 914 (D. Ariz. 2010). · cites it 5× “With respect to Plaintiffs claim under Arizona’s wage law, Judge Bolton’s reasoning is compelling and directly on-point, specifically: A.R.S.23-355 allows an employee to recover treble damages for an employer’s failure to pay wages due, and is more generous than the remedy…”
Redhair v. Kinerk, Beal, Schmidt, Dyer & Sethi, P.C., 183 P.3d 544 (Ariz. Ct. App. 2008). · cites it 13× “§ 23-356(A) (administrative alternative to A.R.S. § 23-355; must file claim with labor department within one year* after claim accrues); A.”
Quine v. Godwin, 646 P.2d 294 (Ariz. Ct. App. 1982). · cites it 15× “The trial court entered judgment in favor of Quine and assessed treble damages pursuant to A.R.S. § 23-355. Godwin has appealed. While this matter was pending in this court, Quine moved to dismiss the appeal urging that the lack of a timely notice of appeal divested this court…”
Douglas v. Governing Bd. of the Window Rock Consol. Sch. Dist. No. 8, 78 P.3d 1065 (Ariz. Ct. App. 2003). · cites it 7× “Section 23-355 states that, “[i]f an employer, in violation of the provisions of this chapter, shall fail to pay wages due any employee, such employee may recover in a civil action against an employer or former employer an amount which is treble the amount of the unpaid wages.”
Show all 148 citing cases →
— Ariz. Rev. Stat. § 23-355(A) — 50 cases
Calisi v. Unified Fin. Servs., LLC, 302 P.3d 628 (Ariz. Ct. App. 2013).
D'Amico v. Structural I Co., 274 P.3d 532 (Ariz. Ct. App. 2012).
Oney v. Weinberg (In Re Wienberg), 410 B.R. 19 (9th Cir. BAP 2009).
Evou v. All In (Ariz. Ct. App. 2017).
Ferren v. Westmed Inc. (D. Ariz. 2021).
— Ariz. Rev. Stat. § 23-355(a) — 5 cases
Nichol v. On Point Solar Power LLC (D. Ariz. 2022).
Davis v. Shri Hari Hotels LLC (D. Ariz. 2022).
Jimenez v. Terrific Tree Trimmer LLC (D. Ariz. 2023).
Smith v. Helton Brewing Co. LLC (D. Ariz. 2023).
Sandell v. DH Brewing Inc. (D. Ariz. 2025).
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