10 chapters · 530 sections in this title.
A.R.S. § 23-317 Learner and apprentice wage rates
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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…
A.R.S. § 23-340 Definitions
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In this article, unless the context otherwise requires: 1. "Commission" means the industrial commission of Arizona. 2. "Employee" means every woman or man in receipt of or entitled to compensation for labor performed for any employer. 3. "Employer" means this state and any politi…
A.R.S. § 23-341 Equal wage rates; variations; penalties; enforcement
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A. Notwithstanding the other provisions of this chapter, no employer shall pay any person in his employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work, provided…
A.R.S. § 23-350 Definitions
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In this article, unless the context otherwise requires: 1. "Department" means the labor department of the industrial commission of Arizona. 2. "Employee" means any person who performs services for an employer under a contract of employment either made in this state or to be perfo…
A.R.S. § 23-351 Designation of paydays for employees; payment; exceptions; violation; classification; applicability; definition
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A. Each employer in this state shall designate two or more days in each month, not more than sixteen days apart, as fixed paydays for payment of wages to the employees. B. Notwithstanding subsection A of this section, each employer in this state whose principal place of business …
A.R.S. § 23-352 Withholding of wages
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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.R.S. § 23-353 Payment of wages of discharged employee; violation; classification
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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.R.S. § 23-354 Preference of wages in insolvency proceedings or upon death of employer
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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.R.S. § 23-355 Action by employee to recover wages; amount of recovery
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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.R.S. § 23-356 Wage claims
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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.R.S. § 23-357 Investigation of wage and nonwage compensation claims
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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.R.S. § 23-358 Review of department determination
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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…
A.R.S. § 23-359 Effect of department determination
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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…
A.R.S. § 23-360 Penalty
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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…
A.R.S. § 23-361 Rules and regulations
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The commission may adopt such rules and regulations as necessary for the purpose of administering and enforcing this article.
A.R.S. § 23-361.01 Employer requirements; cash payments; unlawful practices; civil penalty
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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.R.S. § 23-361.02 Paycheck deductions; authorization; civil penalty; definition
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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…
A.R.S. § 23-362 Minimum wage; prohibition
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(L97, Ch. 51, sec. 1. Caution: 1998 Prop. 105 applies.) A. The legislature declares that the establishment of a uniform minimum wage is a matter of statewide concern. B. No political subdivision of this state may establish, mandate or otherwise require a minimum wage that exceeds…
A.R.S. § 23-362; Version 2 Definitions
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(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…
A.R.S. § 23-363 Minimum wage
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(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…
A.R.S. § 23-364 Enforcement
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(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)…
A.R.S. § 23-365 Reliance on administrative rule or regulation
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(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…
A.R.S. § 23-371 Definitions
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(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,…
A.R.S. § 23-372 Accrual of earned paid sick time
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(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…
A.R.S. § 23-373 Use of earned paid sick time
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(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…
A.R.S. § 23-374 Exercise of rights protected; retaliation prohibited
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(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…
A.R.S. § 23-375 Notice
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(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 …
A.R.S. § 23-376 Regulations
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(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.
A.R.S. § 23-377 Confidentiality and nondisclosure
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(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…
A.R.S. § 23-378 Encouragement of more generous earned paid sick time policies; no effect on more generous policies or laws
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(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…
A.R.S. § 23-379 Other legal requirements
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(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…
A.R.S. § 23-380 Public education and outreach
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(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…
A.R.S. § 23-381 Collective bargaining agreements
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(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.R.S. § 23-391 Overtime pay; workweek
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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.R.S. § 23-392 Overtime compensation for certain law enforcement or probation officer activities; option; definitions
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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…
A.R.S. § 23-401 Definitions
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In this article, unless the context otherwise requires: 1. "Board" means a review board established pursuant to section 23-422. 2. "Commission" means the industrial commission of Arizona. 3. "De minimis violation" means a condition or practice that, although undesirable, has no d…
A.R.S. § 23-402 Applicability
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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.R.S. § 23-403 Employer's duty
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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 …