Title 23, Labor

No employer may withhold or divert any portion of an employee's wages unless one of the following applies: 1. The employer is required or empowered to do so by state or federal law. 2. The employer has prior written authorization from the employee. An employer shall not withhold …

A. When an employee is discharged from the service of an employer, he shall be paid wages due him within seven working days or the end of the next regular pay period, whichever is sooner. B. When an employee quits the service of an employer he shall be paid in the usual manner al…

A. In assignments of property for benefit of creditors or in proceedings in insolvency, the wages of salesmen, clerks or laborers employed by the debtor or insolvent, to the amount of two hundred dollars each for services rendered within sixty days previous to such assignment or …

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. …

A. Instead of proceeding under section 23-355, an employee may file a written claim with the department for unpaid wages against an employer if the amount of such wages does not exceed $12,000 and if such claim is filed within one year of the accrual of such claim. B. The departm…

A. The department shall investigate wage and nonwage claims timely filed under section 23-356 to determine if wages are due or if a dispute exists between the parties to the claim. B. Upon completion of its investigation, the department shall notify the parties to the claim of it…

A. A party aggrieved by a determination under section 23-357 may seek review pursuant to title 12, chapter 7, article 6. B. If the department's determination finds that there is a dispute which cannot be resolved by investigation, the employee may attempt to recover the amount of…

Unless review is sought pursuant to section 23-358, the department's determination shall be final upon the expiration of the time for seeking review. A final determination by the department shall be in writing and signed by the director. The final determination may be filed, reco…

An employer who has been ordered by the department pursuant to section 23-357 or a court to pay wages due an employee and who fails to do so within ten days after the order becomes final is liable to pay the employee an amount which is equal to treble the amount of the unpaid wag…

The commission may adopt such rules and regulations as necessary for the purpose of administering and enforcing this article.

A. An employer that has two or more employees and pays hourly wages or salary by cash to any employee shall comply with all of the following: 1. The income tax withholding laws prescribed in title 43, chapter 4. 2. The employer reporting laws prescribed in section 23-722.01. 3. T…

A. For deductions after October 1, 2011, a public or private employer in this state shall not deduct any payment from an employee's paycheck for political purposes unless the employee annually provides written or electronic authorization to the employer for the deduction. B. If a…

(2006 Prop. 202, sec. 2. Caution: 1998 Prop. 105 applies.) As used in this article, unless the context otherwise requires: A. "Employee" means any person who is or was employed by an employer but does not include any person who is employed by a parent or a sibling, or who is empl…

(Caution: 1998 Prop. 105 applies) A. Employers shall pay employees no less than the minimum wage, which shall be not less than: 1. $10 on and after January 1, 2017. 2. $10.50 on and after January 1, 2018. 3. $11 on and after January 1, 2019. 4. $12 on and after January 1, 2020. B…

(Caution: 1998 Prop. 105 applies) A. The commission is authorized to enforce and implement this article and may promulgate regulations consistent with this article to do so. For purposes of this section: (1) "article" shall mean both article 8 and article 8.1 of this chapter; (2)…

(Added with a 1998 Prop. 105 clause pursuant to L07, Ch. 272) In any action or proceeding commenced on or after January 1, 2007, an employer or other entity is not liable if the employer or entity fails to pay the minimum wage if the employer or entity proves that the act or omis…

(Caution: 1998 Prop. 105 applies) For purposes of this article: A. "Abuse" means an offense prescribed in section 13-3623, Arizona Revised Statutes. B. "Commission" is as defined in section 23-362, Arizona Revised Statutes. C. "Domestic violence" is as defined in section 13-3601,…

(Caution: 1998 Prop. 105 applies) A. Employees of an employer with 15 or more employees shall accrue a minimum of one hour of earned paid sick time for every 30 hours worked, but employees shall not be entitled to accrue or use more than 40 hours of earned paid sick time per year…

(Caution: 1998 Prop. 105 applies) A. Earned paid sick time shall be provided to an employee by an employer for: 1. An employee's mental or physical illness, injury or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, i…

(Caution: 1998 Prop. 105 applies) A. It shall be unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this article. B. An employer shall not engage in retaliation or discriminate a…

(Caution: 1998 Prop. 105 applies) A. Employers shall give employees written notice of the following at the commencement of employment or by July 1, 2017, whichever is later: employees are entitled to earned paid sick time and the amount of earned paid sick time, the terms of its …

(Caution: 1998 Prop. 105 applies) The commission shall be authorized to coordinate implementation and enforcement of this article and shall promulgate appropriate guidelines or regulations for such purposes.

(Caution: 1998 Prop. 105 applies) An employer may not require disclosure of details relating to domestic violence, sexual violence, abuse or stalking or the details of an employee's or an employee's family member's health information as a condition of providing earned paid sick t…

(Caution: 1998 Prop. 105 applies) A. Nothing in this article shall be construed to discourage or prohibit an employer from the adoption or retention of an earned paid sick time policy more generous than the one required herein. B. Nothing in this article shall be construed as dim…

(Caution: 1998 Prop. 105 applies) A. Nothing in this article shall be interpreted or applied so as to create a conflict with federal law. B. This article provides minimum requirements pertaining to earned paid sick time and shall not be construed to preempt, limit, or otherwise a…

(Caution: 1998 Prop. 105 applies) The commission may develop and implement a multilingual outreach program to inform employees, parents and persons who are under the care of a health care provider about the availability of earned paid sick time under this article. This program ma…

(Caution: 1998 Prop. 105 applies) All or any portion of the earned paid sick time requirements of this article shall not apply to employees covered by a valid collective bargaining agreement, to the extent that such requirements are expressly waived in the collective bargaining a…

A. Subject to availability of appropriated monies, an employee of this state or any political subdivision who serves in a position determined by the law enforcement merit system council, the director of the department of administration, the Arizona board of regents, the board of …

A. Subject to subsection B of this section, any person engaged in law enforcement activities shall be compensated for each hour worked in excess of forty hours in one work week, unless otherwise agreed to by the employer and the person engaged in law enforcement activities, at th…

In this article, unless the context otherwise requires: 1. "Board" means a review board established pursuant to section 23-422. 2. "Chief" means the chief of the division. 3. "Commission" means the industrial commission of Arizona. 4. "De minimis violation" means a condition or p…

Nothing in this article shall apply to working conditions of employees with respect to which any state agency acting under section 274(b) of the atomic energy act of 1954, as amended, or under title 27, chapter 3, Arizona Revised Statutes, exercises statutory authority to prescri…

A. Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees. B. Each employer shall comply with occupational safety and …

Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this article which are applicable to his own actions and conduct.

The commission shall: 1. Administer this article through the division. 2. Appoint the chief of the division. 3. Cooperate with the federal government to establish and maintain an occupational safety and health program as effective as the federal occupational safety and health pro…

A. There shall be a division of occupational safety and health within the commission. B. The chief of the division shall be the administrative head of the division under the control of the commission. The chief shall be appointed by the commission and shall serve at the pleasure …

The division on behalf of the commission shall: 1. Recommend all standards, rules or changes thereto, pursuant to section 23-410, to the commission for the commission's approval or disapproval. 2. Have the authority to enforce all such standards or rules, after adoption by the co…

A. Except as prescribed in section 23-432, subsection E, the chief of the division, or the chief's authorized representative, on presentation of credentials, shall be allowed to inspect places of employment, question employees and investigate conditions, practices or matters in c…

A. The commission shall create an occupational safety and health advisory committee to assist the commission in drafting standards and regulations. The committee may be asked to perform other functions as may be necessary. The committee shall be appointed by the commission and sh…

A. Safety and health standards and rules shall be formulated in the following manner: 1. The division shall either propose adoption of national consensus standards or federal standards or draft such rules as it considers necessary after conducting sufficient investigations throug…

A. Any employer may apply to the commission for a temporary order granting a variance from a standard or regulation or any provision thereof promulgated under this article. B. Such temporary order shall be granted only if the employer files an application which meets the requirem…

Any affected employer may apply to the commission for a rule or order for a variance from a standard or regulation promulgated under this article. Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. The commission shal…

Any interested party adversely affected by a rule or order issued under sections 23-411 or 23-412 may appeal in accordance with the procedures established in sections 23-945 and 23-946.

A. The commission may provide for emergency temporary standards or regulations to take immediate effect upon filing with the secretary of state, if the commission or the United States occupational safety and health administration determines that employees are exposed to grave dan…

A. If the chief, following an inspection or investigation determines that there is reasonable cause to believe that a violation exists, the chief shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall contain the following: …

The division may issue an advisory notice setting forth de minimis violations of standards and regulations which shall carry no penalty, unless the employer wilfully and repeatedly violates such standard or regulation, in which case the division may refer the matter to the commis…

A. If the chief, following an inspection or investigation, issues a citation pursuant to section 23-415 the chief, within a reasonable time after termination of the inspection or investigation, shall notify the employer by mail of any penalty proposed to be assessed pursuant to s…