Title 23 — Labor

As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this state. Involuntary unemployment is t…

The definitions of words and phrases set forth in this article shall apply throughout this chapter unless the context otherwise requires.

A. "Agricultural labor" means and includes all service performed prior to January 1, 1972, that was agricultural labor as defined in this section prior to that date, and that remunerated service performed after December 31, 1971: 1. On a farm, in the employ of any person, in conn…

"American employer" means a person who is an individual who is a resident of the United States; a partnership, if two-thirds or more of the partners are residents of the United States; a trust if all of the trustees are residents of the United States; or a corporation organized u…

A. "Annual payroll" means the total amount of wages for employment paid by an employer during a twelve-month period ending on June 30 of any calendar year. B. In computing an employer's contribution rate, "average annual payroll" means: 1. The annual payroll for the twelve-month …

"Base period" means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year, except that the base period of an individual whose new benefit year overlaps his last preceding benefit year shall consist of those…

"Base-period employers" means the employers by whom an individual was paid base-period wages.

"Base-period wages" means the wages paid to an individual during his base period for insured work.

"Benefits" means the money payments payable to an individual as provided in this chapter, with respect to his unemployment.

"Benefit year" with respect to an individual means the one-year period beginning with the first day of the first week of unemployment with respect to which the individual first files a claim in accordance with section 23-772 and thereafter the one-year period beginning with the f…

"Hearing officer" means a hearing officer of the department of economic security.

"Calendar quarter" means the period of three consecutive calendar months ending on March 31, June 30, September 30 or December 31, or the equivalent thereof as the commission may by regulation prescribe.

"Commission" or "employment security commission" or "department" means the department of economic security.

"Contributions" means the money payments required by this chapter to be made into the state unemployment compensation fund by an employing unit on account of having individuals in its employ.

A. "Crew leader" means an individual who does all of the following: 1. Furnishes individuals to perform agricultural labor for any other person or employing unit. 2. Pays (either on his behalf or on behalf of such other person or employing unit) the individuals furnished by him f…

A. "Employer" means: 1. Any employing unit which, within the calendar year 1941 or within any succeeding calendar year through 1971, for some portion of a day, but not necessarily simultaneously, in each of twenty different calendar weeks, whether or not the weeks are or were con…

A. "Employee" means any individual who performs services for an employing unit and who is subject to the direction, rule or control of the employing unit as to both the method of performing or executing the services and the result to be effected or accomplished. Indications of co…

B. Each individual who performs services in this state for an employing unit that maintains two or more separate establishments in this state is performing services for a single employing unit for all the purposes of this chapter. C. Each individual employed to perform or to assi…

A. "Employment" means any service of whatever nature performed by an employee for the person employing the employee, including service in interstate commerce, and includes: 1. An individual's entire service performed within or both within and outside this state if: (a) The servic…

A. Notwithstanding any law to the contrary, except for subsection B of this section, for the purposes of this chapter, employment, as defined in section 23-615, subsection A, paragraph 6, 7 or 8 includes service performed after December 31, 1977 in the employ of either of the fol…

"Employment office" means a free public employment office or branch thereof operated by this or any other state as a part of a state-controlled system of public employment offices, or by a federal agency charged with the administration of free public employment offices.

"Exempt employment" means employment not considered in determining whether an employing unit constitutes an "employer" under this chapter and includes: 1. Agricultural labor as defined in section 23-603 unless the labor is performed for an employing unit that after December 31, 1…

"Fund" means the unemployment compensation fund established by section 23-701.

"Hospital" means an institution which has been licensed, certified, or approved by the Arizona state department of health as a hospital.

A. "Institution of higher education" means an educational institution which: 1. Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivalent of such a certificate; 2. Is legally authorized within this state to prov…

"Insured work" means employment for employers.

A. "Misconduct connected with the employment" means any act or omission by an employee which constitutes a material or substantial breach of the employee's duties or obligations pursuant to the employment or contract of employment or which adversely affects a material or substant…

"State" includes, in addition to the states of the United States, the District of Columbia, and the Commonwealth of Puerto Rico and the Virgin Islands.

A. An individual shall be deemed "unemployed" with respect to any week during which the individual performs no services and with respect to which no wages are payable to the individual, or with respect to any week of less than full-time work without any fault on the individual's …

"United States" includes, in addition to the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands.

A. "Wages" means all remuneration for services from whatever source, including commissions, bonuses and fringe benefits and the cash value of all remuneration in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash shall be estimated…

"Week" means such period of seven consecutive days as the commission may by regulation prescribe.

"Plan maintained by an employer" shall not include any plan to which the employer does not contribute funds.

"Levy" includes the power of distraint and seizure by any means.

"Debtor" means a person whose property is subject to levy pursuant to article 5 of this chapter.

[Repealed or reserved.]

"Eligibility period" of an individual means the period consisting of the weeks in his benefit year under this chapter which begin in an extended benefit period; and if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.

A. "Exhaustee" means an individual who, with respect to any week of unemployment in his eligibility period: 1. Has received prior to such week, all of the regular benefits that were available to him in his current benefit year that includes such week; or his benefit year having e…

A. "Extended benefit period" means a period which: 1. Begins with the third week after a week for which there is an Arizona on indicator; and 2. Ends with either of the following weeks, whichever occurs later: (a) The third week after the first week for which there is an Arizona …

"Extended benefits" means benefits, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85, payable to an individual under the provisions of this article for weeks of unemployment in his eligibility period.

A. There is an Arizona on indicator for a week if the department determines, in accordance with the regulations of the United States secretary of labor, that for the period consisting of such week and the immediately preceding twelve weeks: 1. The rate of insured unemployment in …

"Rate of insured unemployment" for purposes of section 23-630 means the percentage derived by dividing: 1. The average weekly number of individuals filing claims for regular benefits in this state for weeks of unemployment with respect to the most recent thirteen-consecutive-week…

"Regular benefits" means benefits payable to an individual under this chapter or under any other state or federal unemployment compensation law other than extended benefits and shared work benefits.

"State law" means the unemployment insurance law of any state, approved by the United States secretary of labor under section 3304 of the internal revenue code.

A. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the department finds that with respect to such week: 1. He is an exhaustee as defined in section 23-627, and 2. He has satisfied the requirem…

A. Notwithstanding section 23-776, an individual who is found by the department, with respect to any week in an eligibility period which begins from and after April 4, 1981, to have failed to apply for or accept available suitable work to which he was referred by the department o…

The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period is an amount equal to the weekly benefit amount payable to him during his applicable benefit year.

A. Except as provided in subsection D of this section, the total extended benefit amount payable to an eligible individual with respect to his applicable benefit year shall be the least of the following amounts: 1. Fifty per cent of the total amount of regular benefits which were…

A. Whenever an extended benefit period is to become effective in this state as a result of an Arizona on indicator, or an extended benefit period is to be terminated in this state as a result of an Arizona off indicator, the department shall make an appropriate public announcemen…

Extended benefits paid to an individual shall be charged against the accounts of his base-period employers in the same manner and under the same conditions as regular benefits except that: 1. One-half of the total charges to a base-period employer other than a government entity r…