10 chapters · 530 sections in this title.
A.R.S. § 23-201 Obtaining labor by false pretenses; civil liability; classification
1.3K chars
A. A person who employs for wages any person in any occupation, and who at the time of employing him does not have sufficient assets within the county in which the work or labor is to be performed over and above all exemptions allowed by law to cover the amount of wages accruing …
A.R.S. § 23-202 Exaction of fee or gratuity as condition of employment prohibited; classification
0.8K chars
It is unlawful for a person charged or entrusted by another with the employment or continuance in employment of any workmen or laborers to demand or receive, either directly or indirectly, from a workman or laborer employed or continued in employment through his agency or under h…
A.R.S. § 23-203 Compulsion or coercion of employee or another to buy from a particular person; classification
0.2K chars
A person who knowingly compels, or in any manner seeks to coerce any employee or any person to purchase goods or supplies from any particular person is guilty of a class 2 misdemeanor.
A.R.S. § 23-204 Employee benefits; state preemption; exemption; definition
1.0K chars
A. The regulation of employee benefits, including nonwage compensation, paid and unpaid leave and other absences, meal breaks and rest periods, is of statewide concern. The regulation of nonwage employee benefits pursuant to this chapter and federal law is not subject to further …
A.R.S. § 23-205 Employee scheduling; state preemption; exemptions
0.7K chars
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 …
A.R.S. § 23-206 Employers; accommodations required
0.0K chars
[Repealed or reserved.]
A.R.S. § 23-211 Definitions
3.2K chars
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.R.S. § 23-212 Knowingly employing unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense
11.1K chars
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.R.S. § 23-212.01 Intentionally employing unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense
10.9K chars
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…
A.R.S. § 23-213 Employer actions; federal or state law compliance
0.2K chars
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.R.S. § 23-214 Verification of employment eligibility; e-verify program; economic development incentives; list of registered employers
1.9K chars
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 …
A.R.S. § 23-215 Employment eligibility; e-verify program; false documents; violation; classification
0.7K chars
(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…
A.R.S. § 23-216 Independent contractors; applicability
0.2K chars
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.
A.R.S. § 23-230 Definitions
6.8K chars
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.R.S. § 23-231 Prohibited employments of persons under the age of eighteen
2.7K chars
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.R.S. § 23-232 Prohibited employments of persons under the age of sixteen
3.3K chars
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.R.S. § 23-233 Permissible hours of labor for persons under the age of sixteen; exceptions; definition
1.4K chars
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…
A.R.S. § 23-234 Minimum age of newspaper carriers
0.2K chars
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.R.S. § 23-235 Exemptions
2.7K chars
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.R.S. § 23-236 Cease and desist order; time for compliance; civil penalty
0.8K chars
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.R.S. § 23-237 Hearings on cease and desist orders
1.5K chars
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…
A.R.S. § 23-238 Injunctive relief
0.6K chars
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 …
A.R.S. § 23-239 Violation; classification
0.1K chars
Any person who violates any provision of this article is guilty of a class 2 misdemeanor.
A.R.S. § 23-240 Rules and regulations
0.1K chars
The commission shall promulgate such rules and regulations as are necessary to carry out the provisions of this article.
A.R.S. § 23-241 Application for variation; contents; notice; denial; hearing
2.3K chars
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…
A.R.S. § 23-242 Applicability of other laws
0.3K chars
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.
A.R.S. § 23-281 Operation of certain railroad employers on prescribed time
0.1K chars
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.R.S. § 23-282 Underground mine employees and hoisting engineers; twelve hour day; exceptions; violation; classification
2.1K chars
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.R.S. § 23-284 Laundry workers; exceptions; posting notice of hours of labor; arrangement of laundry rooms; violation; classification
1.3K chars
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.R.S. § 23-286.01 Agricultural operations
1.2K chars
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.R.S. § 23-287 Requiring railroad employee to work longer than sixteen consecutive hours; classification
0.5K chars
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…
A.R.S. § 23-311 Definitions
1.8K chars
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…
A.R.S. § 23-312 Powers and duties of commission
0.7K chars
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…
A.R.S. § 23-313 Investigation of wage rates
0.8K chars
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.R.S. § 23-314 Wage board; membership; organization; quorum; compensation
1.4K chars
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.R.S. § 23-315 Classification of employments by wage board
0.6K chars
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…
A.R.S. § 23-316 Establishment of minimum fair wage; procedure; criteria
0.7K chars
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.R.S. § 23-317 Learner and apprentice wage rates
0.4K chars
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.R.S. § 23-318 Power of wage board to administer oaths, issue subpoenas and take depositions
0.7K chars
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…
A.R.S. § 23-319 Notice of hearing on wage matters
0.2K chars
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.
A.R.S. § 23-320 Duty of commission to provide information to wage board
0.6K chars
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.R.S. § 23-321 Report of wage board; action by commission
0.6K chars
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.R.S. § 23-322 Directory orders
0.8K chars
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…
A.R.S. § 23-323 Posting of wage orders
0.2K chars
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.
A.R.S. § 23-324 Reconsideration of minimum wages in effect over a year
0.5K chars
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.R.S. § 23-325 Judicial review of commission decisions; scope of review; appeal procedure; action of reviewing court
1.5K chars
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…
A.R.S. § 23-326 Special licenses to work for less than minimum wage
0.4K chars
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…
A.R.S. § 23-327 Action by employee for recovery of wages; amount of recovery
0.6K chars
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…
A.R.S. § 23-328 Contract or agreement for employment of minor at oppressive wage void
0.2K chars
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.R.S. § 23-329 Violations; classification
1.2K chars
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…