Title 23, Labor

A. A city, town or county may not adopt an ordinance, resolution or other regulation that requires an employer to alter or adjust any employee scheduling unless the alteration or adjustment is required by state or federal law. The regulation of employee scheduling is a matter of …

If an employer receives notice from an employee that the employee's sincerely held religious beliefs, practices or observances prevent the employee from taking the COVID-19 vaccination, the employer shall provide a reasonable accommodation unless the accommodation would pose an u…

In this article, unless the context otherwise requires: 1. "Agency" means any agency, department, board or commission of this state or a county, city or town that issues a license for purposes of operating a business in this state. 2. "Employ" means hiring an employee after Decem…

A. An employer shall not knowingly employ an unauthorized alien. If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in this state, the employer knowingly contracts with an unauthorized alien or w…

A. An employer shall not intentionally employ an unauthorized alien. If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in this state, the employer intentionally contracts with an unauthorized al…

This article shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal or state law.

A. After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever …

(Caution: 1998 Prop. 105 applies) A. Any natural person who is not lawfully present in the United States shall not knowingly submit false information or documents to an employer to evade detection of employment eligibility under the e-verify program. B. Any natural person who vio…

For the purposes of this article, independent contractor status applies to an individual who performs services and is not an employee pursuant to section 3508 of the internal revenue code.

In this article, unless the context otherwise requires: 1. "Automatic elevator" means a passenger or freight lift operated by push buttons so that the starting, moving, leveling, holding and opening and closing of the doors is entirely automatic. 2. "Clay construction product" me…

A. Unless a variance is granted pursuant to section 23-241, a person shall not employ or allow a person under the age of eighteen years to work in, about or in connection with: 1. An establishment manufacturing or storing explosives, except a retail establishment if the employmen…

A. In addition to the prohibited employments under section 23-231, unless a variance is granted pursuant to section 23-241, a person shall not employ or allow a person under the age of sixteen years to work in, about or in connection with: 1. Manufacturing. 2. Processing. 3. Laun…

A. Employment of persons under the age of sixteen shall be confined to: 1. Not more than forty hours in any one week when the person is not enrolled in a session of school or when school is not in session. 2. Not more than eighteen hours in any one week when the person is enrolle…

No child under the age of ten years shall sell, expose for sale or otherwise offer for sale newspapers, magazines or periodicals in any street or public place.

A. Sections 23-231, 23-232 and 23-233 do not apply to persons: 1. Employed by a grandparent, brother, sister, aunt, uncle, first cousin, stepparent or parent, including a relative of the same degree through marriage or adoption, or person in loco parentis in occupations in which …

A. When the commission has reasonable cause to believe that any person is violating any provision of this article or any rule or regulation adopted pursuant to this article it may forthwith serve upon such person by registered or certified mail or in person a cease and desist ord…

A. A cease and desist order issued by the commission shall become final upon the expiration of the time during which a request for a hearing may be made pursuant to section 23-236 unless the person or persons named in such order have made a timely request for a hearing before the…

Upon the failure or refusal of a person to comply with a cease and desist order of the commission, the commission may file an action in the superior court of the county where the alleged violation occurred to restrain and enjoin the person from engaging in further acts violating …

Any person who violates any provision of this article is guilty of a class 2 misdemeanor.

The commission shall promulgate such rules and regulations as are necessary to carry out the provisions of this article.

A. A person who desires a variation from this article or a modification or renewal of a variation granted under this section shall file a written application with the director of the department of labor of the industrial commission containing the following information: 1. The nam…

No provision of this article alters or excuses noncompliance with any applicable federal statute or regulation relating to the employment of child labor. If both federal law and the provisions of this article are applicable, the law with the higher standard governs.

No railroad employer of two hundred fifty or more persons may operate business on other than the time as prescribed in section 1-242.

A. The period of employment for all persons employed or engaged in mining activities in underground mines or underground workings or as hoisting engineers at underground mines shall not exceed twelve hours within any twenty-four hour period and the twelve hours shall include the …

A. No person shall be employed or permitted to work in the laundry department in a laundry establishment more than eight hours in any one day except when necessary to make repairs to prevent interruption of the ordinary running of the machinery or when a different apportionment o…

A driver transporting agricultural commodities or farm supplies for agricultural purposes shall not drive for any period after having been on duty sixteen hours following eight consecutive hours off duty or for any period after having been on duty for one hundred twelve hours in …

A company operating a railroad in whole or in part within the state which requires a conductor, engineer, fireman, brakeman, telegraph operator or any employee who has worked in his respective capacity for sixteen consecutive hours, except in case of casualty, or actual necessity…

In this article, unless the context otherwise requires: 1. "Commission" means the industrial commission of Arizona. 2. "Directory order" means a temporary order which becomes mandatory as provided in this article. 3. "Employee" means every minor in receipt of or entitled to compe…

The commission or any authorized representative may: 1. Investigate and ascertain the wages of minors employed in any occupation. 2. Enter the place of business or employment of any employer of minors in any occupation for the purpose of examining and inspecting all books, regist…

The commission, on the petition of twenty or more residents of the state engaged in any particular occupation, shall cause an investigation to be made of the wages being paid to minors in that occupation to ascertain whether any substantial number of minors in the occupation are …

A. A wage board shall be composed of three representatives of the employees in any occupation, trade or industry and an equal number of representatives chosen from among the employers in the occupation, trade or industry, and one industrial commissioner who shall be chairman. B. …

A wage board may differentiate and classify employment in any occupation according to the nature of the service rendered and recommend appropriate minimum fair wage rates for different employments. A wage board shall give due consideration in the classification of employment to s…

In establishing a minimum fair wage for any service or class of service under this article, the commission, or the wage board, without being bound by any technical rules of evidence or procedure, shall: 1. Take into account all relevant circumstances affecting the value of the se…

A wage board may recommend a suitable scale of wage rates for learners and apprentices in any occupation. The scale of learners' and apprentices' wage rates may be less than the regular minimum fair wage rates recommended for experienced minors in the occupation, but the board sh…

A. The chairman of a wage board may administer oaths and require by subpoena the attendance and testimony of witnesses, the production of all books, records, and other evidence relative to matters under investigation. The subpoenas shall be signed and issued by the chairman of th…

Upon fixing the time and place for holding a hearing for considering wage matters referred to in this article, and at least fourteen days before the date of the hearing, the commission shall give public notice of the time, place and purpose thereof.

The commission shall present to a wage board promptly upon its organization all the evidence and information in its possession relating to wages of minors working in occupations over which the wage board has authority to investigate as provided by this article, and all other info…

A. Within ten days after its organization a wage board shall submit a report which shall include its recommendations of minimum fair wage standards for minors in the occupations the wage board was appointed to investigate. If the report is not submitted within ten days, the commi…

A. If the report of a wage board is approved, the commission shall make and publish a directory order which shall define minimum fair rates in the occupation or occupations as recommended in the report of the wage board. The report shall include proposed administrative regulation…

Every employer subject to a minimum fair wage order, whether directory or mandatory, shall keep a copy of the order posted in a conspicuous place where minors are employed. Employers shall be furnished copies of orders on request without charge.

At any time after a minimum fair wage order has been in effect for one year or more, the commission may on its own motion, and shall, on petition of twenty or more residents of the state engaged in any particular occupation, reconsider the minimum fair wage rates set therein and …

A. All questions of fact arising under this article, except as otherwise provided, shall be decided by the commission, but there shall be the right of appeal from the decision of the commission on any question of law or fact, and there shall be a right of review by the superior c…

In an occupation for which minimum fair wage rates have been established, the commission may issue to a minor, including a learner or apprentice, whose earning capacity is impaired by age, physical or mental deficiency, or injury, a special license authorizing employment at wages…

If a minor is paid less than the minimum fair wage to which such minor is entitled under a mandatory minimum fair wage order, such minor may recover in a civil action an amount which is treble the full amount of the minimum wage, together with costs and a reasonable attorney's fe…

It is contrary to public policy for an employer to employ a minor in an occupation at an oppressive and unreasonable wage as defined by section 23-311, and any contract, agreement or understanding for, or in relation to such employment, is void.

A. An employer or his agent, or the officer or agent of a corporation, who knowingly discharges, or in any other manner discriminates against an employee, because the employee has served, or is about to serve, on a wage board, or has testified, or is about to testify before a wag…