Title 23 — Labor

No agreement by an individual to waive, release or commute his rights to benefits or any other rights under this chapter shall be valid, except an agreement to satisfy child support obligations which is being enforced by the department pursuant to a plan under the child support e…

Any person who knowingly makes a false statement or representation believing it to be false or who knowingly fails to disclose a material fact in order to obtain or increase a benefit or other payment under this chapter either for himself or for another person, or under an employ…

Any employing unit or any officer or agent of an employing unit or any other person who knowingly makes a false statement or representation believing it to be false, or who knowingly fails to disclose a material fact, in order to defraud an individual by preventing or reducing th…

A. A person who receives any amount as benefits under this chapter to which the person is not entitled is liable to repay the overpaid amount to the department. The department may deduct all or a portion of the overpayment from future benefits payable to the person under this cha…

The department shall recover any overpayment made to an individual under the trade act of 1974, as amended, by deduction of the overpayment amount from any benefits payable to such individual under this chapter if required to do so by the secretary of labor, except that no single…

A. When an individual files an initial claim for unemployment compensation, he shall disclose whether he is liable for child support obligations. Upon a disclosure of liability for child support obligations, and a determination of eligibility for unemployment compensation, the de…

A. At the time an individual files a new claim for unemployment compensation, the department may require disclosure of whether or not the individual owes an uncollected overissuance of food stamp coupons and shall notify the state food stamp agency enforcing the obligation of any…

On request of an agency which administers an employment security law of another state or foreign government and which has found in accordance with the provisions of that law that a claimant is liable to repay benefits received under such law by reason of having knowingly made a f…

A. Except as provided in subsections B and C, the amount of benefits payable to an individual for any week that begins in a period with respect to which the individual is receiving or will receive a pension under a plan maintained or contributed to by a base-period employer of th…

A. An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, be advised: 1. That unemployment compensation is subject to federal and state tax. 2. Of the existence of requirements pertaining to estimated tax payments. 3. That the indiv…

A. From and after January 1, 1997, employment with a single employer who qualifies for the transient lodging classification prescribed in section 42-5070 shall be deemed seasonal employment if the department finds all of the following: 1. The employer experiences a substantial sl…

A. Notwithstanding any other law, benefits based on service by a school bus contractor for an educational institution shall not be paid to an individual for any week of unemployment that begins during a period between two successive academic years or terms if the individual perfo…

A. Notwithstanding sections 23-779 and 23-780, benefits based on service for a contract educational provider shall not be paid to an individual for any week of unemployment that begins during a period between two successive academic years or terms if both of the following are tru…

A. Notwithstanding any other law, benefits based on service for a charter school, as described in section 15-181, shall not be paid to an individual for any week of unemployment that begins during a period between two successive academic years or terms if the individual performs …

The legislature reserves the right to amend or repeal all or any part of this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges or immunities conferred by this chapter or by acts done pursuant …

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected thereby.

1. Obtain current and actual employment and earned income information in real time via verification services from external data sources, including third-party vendors, as part of the department's employment and earned income verification process to accurately determine an individ…

To protect the safety of employees in all hazardous occupations in mining, smelting, manufacturing, railroad or street railway transportation, or any other industry, as provided in section 7, article 18 of the constitution, any employer, whether individual, association or corpora…

Labor and services of workmen at manual and mechanical labor in the employment of a person in an occupation declared by section 23-803 to be hazardous is service in a hazardous occupation within the meaning of the terms of section 23-801. By reason of the nature and conditions of…

The following occupations are hazardous within the meaning of this article: 1. The operation of steam railroads, electrical railroads, street railroads by locomotives, engines, trains, motors or cars of any kind propelled by steam, electricity, cable or other mechanical power, in…

Every employer employing workmen in a hazardous occupation shall, by rules, regulations or instructions, inform all employees in such occupations as to the duties and restrictions of their employment for the purpose of protecting the safety of employees in their employment.

A. When in the course of work in any of the employments or occupations enumerated in section 23-803, personal injury or death by an accident arising out of and in the course of such labor, service and employment, and due to a condition or conditions of such occupation or employme…

In actions brought under this article, the question of whether the employee was guilty of contributory negligence or assumed the risk is a question of fact and at all times, regardless of the state of the evidence relating thereto, shall be left to the jury. The fact that the emp…

A. Any contract, rule, regulation or device whatever, the purpose or intent of which is to enable an employer to exempt himself from any liability created by this article, is to that extent void. B. In an action brought under this article the employer may set off any amount he ha…

A. In an action to recover damages for death or injury of an employee under any law of the state when the death or injury was sustained by the employee in the course of one of the occupations declared hazardous by this article, it is unlawful for an attorney to knowingly receive …

In this chapter, unless the context otherwise requires: 1. "Award" means the finding or decision of an administrative law judge or the commission as to the amount of compensation or benefit due an injured employee or the dependents of a deceased employee. 2. "Client" means an ind…

A. The occupational diseases as defined by section 23-901, paragraph 13, subdivision (c) shall be deemed to arise out of the employment only if all of the following six requirements exist: 1. There is a direct causal connection between the conditions under which the work is perfo…

Where compensation is payable for an occupational disease the only employer liable shall be the employer in whose employment the employee was last injuriously exposed to the hazards of such disease but in the case of silicosis or asbestosis the only employer liable shall be the e…

A. For each case submitted by a claimant for compensation the commission may, or if requested by an interested party shall, appoint a committee of expert consultants on occupational diseases, three licensed physicians in good professional standing, each of whom shall have had at …

A. Notwithstanding any other provision of this chapter, no employee or dependent of an employee shall be entitled to receive compensation for disability from an occupational disease, as defined by section 23-901, paragraph 13, subdivision (c), when such disability was caused eith…

Where an occupational disease, as defined by section 23-901, paragraph 13, subdivision (c), is aggravated by any other disease or infirmity not itself compensable, or where disability or death from any other cause not itself compensable is aggravated, prolonged, accelerated or in…

In addition to persons defined as employees under section 23-901, volunteer workers of a county, city, town, or other political subdivision of the state may be deemed to be employees and entitled to the benefits provided by this chapter upon the passage of a resolution or ordinan…

A. Notwithstanding section 23-901, a qualified client of a nonprofit organization which provides vocational training to persons with disabilities is an employee of the nonprofit organization for the purposes of this chapter if the nonprofit organization elects to have the qualifi…

B. As long as the professional employer organization's professional employer agreement with a client remains in force, the professional employer organization shall be regarded as a co-employer of the employee. C. The professional employer organization and its client shall be cons…

1. Any disease, infirmity or impairment of a firefighter's or fire investigator's health that is caused by brain, bladder, rectal or colon cancer, lymphoma, leukemia or adenocarcinoma or mesothelioma of the respiratory tract and that results in disability or death is presumed to …

A. Employers subject to this chapter are the state, each county, city, town, municipal corporation and school district and every person who employs any workers or operatives regularly employed in the same business or establishment under contract of hire, including covered employe…

The provisions of this chapter shall apply to employers and their employees engaged in intrastate and also in interstate and foreign commerce for whom a rule of liability or method of compensation has been or may be established by the United States only to the extent that their m…

A. If a worker who has been hired or is regularly employed in this state receives a personal injury by accident arising out of and in the course of the worker's employment, the worker is entitled to compensation according to the laws of this state even if the injury was received …

A. A minor working at an age and at an occupation legally permitted shall be deemed of the age of majority for the purposes of this chapter, and no other person shall have any claim or right to compensation for an injury to such minor employee, but an award of a lump sum of compe…

A. Employers who comply with the provisions of section 23-961 or 23-962 as to securing compensation, and the employers' workers' compensation insurance carriers or administrative service representatives, shall not be liable for damages at common law or by statute, except as provi…

A. Employers who are subject to and who fail to comply with section 23-961 or 23-962 shall not be entitled to the benefits of this chapter during the period of noncompliance, but shall be liable in an action under any other applicable law of the state. In such action the defendan…

A. Every employer that is affected by this chapter, and every physician who attends an injured employee of that employer, shall file with the commission and the employer's insurance carrier from time to time a full and complete report of every known injury to the employee arising…

A. The provisions of this chapter shall not apply to employers and their employees engaged in any phase of the motion picture business that meet all of the following requirements: 1. The motion picture company engaging in such work is temporarily within the state for a period not…

The provisions of this chapter do not apply to a person who performs the services of a licensee as defined in section 32-2101 under the following conditions: 1. Substantially all of the remunerations whether or not paid in cash for services performed by an individual as a real es…

A. The industrial commission of Arizona is charged with the duties of the administration of this chapter, and with the adjudication of claims for compensation arising out of provisions of this chapter and any of its members or assistants so authorized may: 1. Hold hearings at any…

A. All books, records and payrolls of the employer, including nonconfidential employer records on file with other state or local governmental agencies, showing or reflecting in any way the wage expenditure of the employer shall always be open for inspection by the commission or i…

A commissioner may enter any place of employment to collect facts and statistics, and may bring to the attention of any employer any law or order of the commission and the failure of such employer to comply therewith. No employer shall refuse to admit a commissioner to his place …

A. For the purpose of making an investigation with regard to any employment or place of employment, the commission may appoint, by an order in writing, a member of the commission or any other competent person who is a resident of the state, an agent whose duties shall be prescrib…

Upon request of the commission the attorney general, or under his direction the county attorney of the proper county, shall institute and prosecute the necessary actions or proceedings for the enforcement of the provisions of this chapter, or for any penalty provided for in this …

A. The commission has exclusive jurisdiction as prescribed in this section over complaints involving alleged unfair claim processing practices or bad faith by an employer, self-insured employer, insurance carrier or claims processing representative relating to any aspect of this …