Title 23 — Labor

A. There shall be an industrial commission of Arizona. B. The commission shall be composed of five members appointed by the governor pursuant to section 38-211. Each member shall be appointed for a term of five years. Members' terms expire on the third Monday in January of the ap…

The salaries of members of the commission shall be paid by the administrative fund.

A majority of the commission shall constitute a quorum to transact business. When a vacancy occurs in the commission, the remaining commissioners may exercise all the powers of the commission until the vacancy is filled.

A. The commission shall have an official seal for the authentication of its orders and proceedings. Upon the seal shall be engraved the words, "industrial commission of Arizona" and such other design as the commission prescribes. B. Copies of orders of records of the commission c…

A. The commission shall maintain its principal offices at the state capitol, but may maintain offices and hold meetings in any place within the state. B. The commission offices shall be open for the transaction of business from eight o'clock a.m. until five o'clock p.m. each day …

A. The commission may, in its name, sue and be sued. B. Service of summons or other process on any member of the commission, or on the secretary thereof, shall be deemed service on the commission.

A. The commission has full power, jurisdiction and authority to: 1. Formulate and adopt rules and regulations for effecting the purposes of this article. 2. Administer and enforce all laws for the protection of life, health, safety and welfare of employees in every case and under…

A. The commission shall employ a director who is appointed by the governor pursuant to section 38-211 and who serves at the pleasure of the governor. Subject to title 41, chapter 4, article 4, the director may employ personnel as deemed necessary by the provisions of this chapter…

A. The director of the commission, under the supervision of the commission, shall administer the policies, powers and duties of the commission as prescribed by this chapter, and chapters 2 and 6 of this title. B. The director of the commission may deny the salary of a commissione…

A. The commission shall appoint administrative law judges of the commission who shall be members of the Arizona state bar. B. The annual compensation of the chief administrative law judge and of the administrative law judges shall be as determined pursuant to section 38-611.

A. The industrial commission of Arizona shall be responsible for determining the policy of the commission. B. Any powers and duties prescribed by law to the commission in this chapter and chapters 2 and 6 of this title, whether ministerial or discretionary, may by resolution be d…

The industrial commission may accept and expend public and private gifts and grants for the conduct of programs which are consistent with the overall purposes and objectives of the commission.

A. The director of the industrial commission shall employ an ombudsman to assist recipients of workers' compensation benefits. B. The ombudsman shall not provide legal advice but may provide information about the workers' compensation system and rules governing commission proceed…

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 …

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 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. 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. 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 …

[Repealed or reserved.]

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…