Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Detailed Answer
1. Recognize the Difference Between a d/b/a and the Legal Entity
In Arizona, companies that operate under a name other than their legal name must file an assumed name (d/b/a) registration with the county clerk where they do business. Arizona Revised Statutes (A.R.S.) § 44-1431 requires this registration. You can read the statute here: https://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/44/01431.htm
Your employer’s d/b/a may appear on pay stubs, signage or websites, but their legal name is the one they used to incorporate (for example, “ABC Services, LLC” vs. “ABC Lawn Care”). Using the correct legal name ensures that the Industrial Commission of Arizona (ICA) or a court can properly serve the company when you file a lost wage claim.
2. Verify the Employer’s Legal Name
Before you file, confirm the exact legal name by searching the Arizona Corporation Commission’s database: https://ecorp.azcc.gov. You can also check the Arizona Secretary of State’s business services at https://azsos.gov/services/business-services.
If your employer registers one or more d/b/a names, the registration documents on file with the county clerk will list the legal entity alongside each assumed name. Note the jurisdiction—some small businesses register only at the county level.
3. Prepare Your Lost Wage Claim
In Arizona, employees can file an unpaid wage or “lost wage” claim with the Wage Claim Unit of the ICA: https://www.azica.gov/wage-claim-unit. When you complete the claim form:
- List the legal entity name exactly as it appears in the corporate registry.
- Follow the legal name with “d/b/a [Assumed Name]” in parentheses (for example, ABC Services, LLC (d/b/a ABC Lawn Care)).
- Attach a copy of the county register of assumed name if available.
Including both names avoids confusion and ensures proper service. If you only list the d/b/a, the ICA may issue a Notice of Insufficiency and delay your case.
4. Serve the Employer Properly
The ICA typically serves employers by certified mail. Confirm the physical address in the corporate records or county clerk’s records. If the d/b/a operates at a different address, you may need to request alternate service under A.R.S. § 23-364.01.
5. Correct Errors Early
If you mistakenly file under the d/b/a only and receive a deficiency notice, file an amendment immediately. Arizona Rules of Civil Procedure (Rule 15) allow you to amend the name of a party based on new information. This avoids dismissal for misnomer.
Helpful Hints
- Always double-check spelling and punctuation of the legal name.
- Keep copies of your county assumed-name registration for reference.
- Use the ICA’s online wage claim portal to track your case status.
- Ask the county recorder for certified copies of any assumed-name filings.
- Consider informal negotiation before filing to confirm the correct entity name.