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Are payments to an Independent Contractor considered wages

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I currently accept various IT "assignments/jobs" from an out of state (outside of AZ) company on a per job basis.

I believe that would make me an independent contractor. However, there has arisen a failure to pay issue on a project several months past, and despite numerous inquiry's and complaints I have not received the payments owed.

ARS 23.355 provides the award of treble damages for failure to pay wages due.

Thus my question - are payments owed for services rendered considered "wages?"

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ARS 23.355 provides the award of treble damages for failure to pay wages due.

Thus my question - are payments owed for services rendered considered "wages?"

 

The definition of wages in the Arizona statutes for this purpose is as follows:

 

6. "Wages" means nondiscretionary compensation due an employee in return for labor or services rendered by an employee for which the employee has a reasonable expectation to be paid whether determined by a time, task, piece, commission or other method of calculation. Wages include sick pay, vacation pay, severance pay, commissions, bonuses and other amounts promised when the employer has a policy or a practice of making such payments.

 

ARS 23-350(6) (bolding added). As you can see by the portion I bolded, payment to an employee for services rendered are wages. If you are an independent contractor you are not an employee and therefore are not paid wages. So the provision that allows you to sue for treble damages would not apply if you are an independent contractor.

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