Arizona Revised Statutes Title 23 - Labor
Chapter 1 INDUSTRIAL COMMISSION
Article 1 In General
- § 23-101 Industrial Commission; Members; Qualifications; Appointment; Terms; Compensation; Removal
A. There shall be an industrial commission of Arizona. B. The commission shall be composed of five members appointed by the governor pursuant to...
- § 23-102 Payment Of Salaries Of Commissioners
The salaries of members of the commission shall be paid by the administrative fund.
- § 23-103 Organization; Quorum
A majority of the commission shall constitute a quorum to transact business. When a vacancy occurs in the commission, the remaining commissioners may exercise...
- § 23-104 Seal; Copies Of Orders Or Records As Evidence
A. The commission shall have an official seal for the authentication of its orders and proceedings. Upon the seal shall be engraved the words,...
- § 23-105 Sites Of Offices And Sessions; Business Hours; Sessions And Records; Voting
A. The commission shall maintain its principal offices at the state capitol, but may maintain offices and hold meetings in any place within the...
- § 23-106 Capacity To Sue And Be Sued; Service Of Summons On Commission
A. The commission may, in its name, sue and be sued. B. Service of summons or other process on any member of the commission,...
- § 23-107 General Powers
A. The commission has full power, jurisdiction and authority to: 1. Formulate and adopt rules and regulations for effecting the purposes of this article....
- § 23-108 Director; Employees; Compensation And Expenses
A. The commission shall employ a director who is subject to confirmation by the senate. Subject to title 41, chapter 4, article 4, the...
- § 23-108.01 Duties Of Director
The director, under the supervision of the commission, shall administer the policies, powers and duties of the commission as prescribed by chapters 1, 2...
- § 23-108.02 Administrative Law Judges
A. The commission shall appoint administrative law judges of the commission who shall be members of the Arizona state bar. B. The annual compensation...
- § 23-108.03 Performance Of Certain Powers And Duties
A. The industrial commission shall be responsible for determining the policy of the commission. B. Any powers and duties prescribed by law to the...
- § 23-109 Gifts And Grants
The industrial commission may accept and expend public and private gifts and grants for the conduct of programs which are consistent with the overall...
- § 23-110 Industrial Commission Ombudsman
A. The director of the industrial commission shall employ an ombudsman to assist recipients of workers' compensation benefits. B. The ombudsman shall not provide...
Chapter 2 EMPLOYMENT PRACTICES AND WORKING CONDITIONS
Article 1 In General
Article 2 Employment of Unauthorized Aliens
- § 23-211 Definitions
In this article, unless the context otherwise requires: 1. " Agency" means any agency, department, board or commission of this state or a county,...
- § 23-212 Knowingly Employing Unauthorized Aliens; Prohibition; False And Frivolous Complaints; Violation; Classification; License Suspension And Revocation; Affirmative Defense
A. An employer shall not knowingly employ an unauthorized alien. If, in the case when an employer uses a contract, subcontract or other independent...
- § 23-212.01 Intentionally Employing Unauthorized Aliens; Prohibition; False And Frivolous Complaints; Violation; Classification; License Suspension And Revocation; Affirmative Defense
A. An employer shall not intentionally employ an unauthorized alien. If, in the case when an employer uses a contract, subcontract or other independent...
- § 23-213 Employer Actions; Federal Or State Law Compliance
This article shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal...
- § 23-214 Verification Of Employment Eligibility; E‑verify Program; Economic Development Incentives; List Of Registered Employers
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...
- § 23-215 Voluntary Employer Enhanced Compliance Program; Program Termination
A. The attorney general shall establish the voluntary employer enhanced compliance program. The program is voluntary and an employer is not required to enroll...
- § 23-216 Independent Contractors; Applicability
For the purposes of this article, independent contractor status applies to an individual who performs services and is not an employee pursuant to section...
Article 3 Youth Employment
- § 23-230 Definitions
In this article, unless the context otherwise requires: 1. " Automatic elevator" means a passenger or freight lift operated by push buttons so that...
- § 23-231 Prohibited Employments Of Persons Under The Age Of Eighteen
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...
- § 23-232 Prohibited Employments Of Persons Under The Age Of Sixteen
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...
- § 23-233 Permissible Hours Of Labor For Persons Under The Age Of Sixteen; Exceptions; Definition
A. Employment of persons under the age of sixteen shall be confined to: 1. Not more than forty hours in any one week when...
- § 23-234 Minimum Age Of Newspaper Carriers
No child under the age of ten years shall sell, expose for sale or otherwise offer for sale newspapers, magazines or periodicals in any...
- § 23-235 Exemptions
A. The provisions of sections 23-231, 23-232 and 23-233 shall not apply to persons: 1. Employed by a grandparent, brother, sister, aunt, uncle, first...
- § 23-236 Cease And Desist Order; Time For Compliance; Civil Penalty
A. When the commission has reasonable cause to believe that any person is violating any provision of this article or any rule or regulation...
- § 23-237 Hearings On Cease And Desist Orders
A. A cease and desist order issued by the commission shall become final upon the expiration of the time during which a request for...
- § 23-238 Injunctive Relief
Upon the failure or refusal of a person to comply with a cease and desist order of the commission, the commission may file an...
- § 23-239 Violation; Classification
Any person who violates any provision of this article is guilty of a class 2 misdemeanor.
- § 23-240 Rules And Regulations
The commission shall promulgate such rules and regulations as are necessary to carry out the provisions of this article.
- § 23-241 Application For Variation; Contents; Notice; Denial; Hearing
A. A person who desires a variation from this article or a modification or renewal of a variation granted under this section shall file...
- § 23-242 Applicability Of Other Laws
No provision of this article alters or excuses noncompliance with any applicable federal statute or regulation relating to the employment of child labor. If...
Article 5 Hours of Labor
Article 6 Minimum Wages for Minors
- § 23-311 Definitions
In this article, unless the context otherwise requires: 1. " Commission" means the industrial commission of Arizona. 2. " Directory order" means a temporary...
- § 23-312 Powers And Duties Of Commission
The commission or any authorized representative may: 1. Investigate and ascertain the wages of minors employed in any occupation. 2. Enter the place of...
- § 23-313 Investigation Of Wage Rates
The commission, on the petition of twenty or more residents of the state engaged in any particular occupation, shall cause an investigation to be...
- § 23-314 Wage Board; Membership; Organization; Quorum; Compensation
A. A wage board shall be composed of three representatives of the employees in any occupation, trade or industry and an equal number of...
- § 23-315 Classification Of Employments By Wage Board
A wage board may differentiate and classify employment in any occupation according to the nature of the service rendered and recommend appropriate minimum fair...
- § 23-316 Establishment Of Minimum Fair Wage; Procedure; Criteria
In establishing a minimum fair wage for any service or class of service under this article, the commission, or the wage board, without being...
- § 23-317 Learner And Apprentice Wage Rates
A wage board may recommend a suitable scale of wage rates for learners and apprentices in any occupation. The scale of learners' and apprentices'...
- § 23-318 Power Of Wage Board To Administer Oaths, Issue Subpoenas And Take Depositions
A. The chairman of a wage board may administer oaths and require by subpoena the attendance and testimony of witnesses, the production of all...
- § 23-319 Notice Of Hearing On Wage Matters
Upon fixing the time and place for holding a hearing for considering wage matters referred to in this article, and at least fourteen days...
- § 23-320 Duty Of Commission To Provide Information To Wage Board
The commission shall present to a wage board promptly upon its organization all the evidence and information in its possession relating to wages of...
- § 23-321 Report Of Wage Board; Action By Commission
A. Within ten days after its organization a wage board shall submit a report which shall include its recommendations of minimum fair wage standards...
- § 23-322 Directory Orders
A. If the report of a wage board is approved, the commission shall make and publish a directory order which shall define minimum fair...
- § 23-323 Posting Of Wage Orders
Every employer subject to a minimum fair wage order, whether directory or mandatory, shall keep a copy of the order posted in a conspicuous...
- § 23-324 Reconsideration Of Minimum Wages In Effect Over A Year
At any time after a minimum fair wage order has been in effect for one year or more, the commission may on its own...
- § 23-325 Judicial Review Of Commission Decisions; Scope Of Review; Appeal Procedure; Action Of Reviewing Court
A. All questions of fact arising under this article, except as otherwise provided, shall be decided by the commission, but there shall be the...
- § 23-326 Special Licenses To Work For Less Than Minimum Wage
In an occupation for which minimum fair wage rates have been established, the commission may issue to a minor, including a learner or apprentice,...
- § 23-327 Action By Employee For Recovery Of Wages; Amount Of Recovery
If a minor is paid less than the minimum fair wage to which such minor is entitled under a mandatory minimum fair wage order,...
- § 23-328 Contract Or Agreement For Employment Of Minor At Oppressive Wage Void
It is contrary to public policy for an employer to employ a minor in an occupation at an oppressive and unreasonable wage as defined...
- § 23-329 Violations; Classification
A. An employer or his agent, or the officer or agent of a corporation, who knowingly discharges, or in any other manner discriminates against...
Article 6.1 Equal Wages
Article 7 Payment of Wages
- § 23-350 Definitions
In this article, unless the context otherwise requires: 1. " Department" means the labor department of the industrial commission of Arizona. 2. " Employee"...
- § 23-351 Designation Of Paydays For Employees; Payment; Exceptions; Violation; Classification
A. Each employer in this state shall designate two or more days in each month, not more than sixteen days apart, as fixed paydays...
- § 23-352 Withholding Of Wages
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...
- § 23-353 Payment Of Wages Of Discharged Employee; Violation; Classification
A. When an employee is discharged from the service of an employer, he shall be paid wages due him within seven working days or...
- § 23-354 Preference Of Wages In Insolvency Proceedings Or Upon Death Of Employer
A. In assignments of property for benefit of creditors or in proceedings in insolvency, the wages of salesmen, clerks or laborers employed by the...
- § 23-355 Action By Employee To Recover Wages; Amount Of Recovery
A. Except as provided in subsection B of this section, if an employer, in violation of this chapter, fails to pay wages due any...
- § 23-356 Wage Claims
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...
- § 23-357 Investigation Of Wage Claims
A. The department shall investigate wage claims timely filed under section 23-356 to determine if wages are due or if a dispute exists between...
- § 23-358 Review Of Department Determination
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...
- § 23-359 Effect Of Department Determination
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...
- § 23-360 Penalty
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...
- § 23-361 Rules And Regulations
The commission may adopt such rules and regulations as necessary for the purpose of administering and enforcing this article.
- § 23-361.01 Employer Requirements; Cash Payments; Unlawful Practices; Civil Penalty
A. An employer that has two or more employees and pays hourly wages or salary by cash to any employee shall comply with all...
- § 23-361.02 Paycheck Deductions; Authorization; Civil Penalty; Definition
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...
- § 23-362 Minimum Wage; Prohibition
(L97, Ch. 51, sec. 1) A. The legislature declares that the establishment of a uniform minimum wage is a matter of statewide concern. B....
Article 8 Minimum Wage
- § 23-362; Version 2 Definitions
(2006 Prop. 202, sec. 2. Caution: 1998 Prop. 105 applies.) As used in this article, unless the context otherwise requires: A. " Employee" means...
- § 23-363 Minimum Wage
(Caution: 1998 Prop. 105 applies) A. Employers shall pay employees no less than the minimum wage, which shall be six dollars and seventy-five cents...
- § 23-364 Enforcement
(Caution: 1998 Prop. 105 applies) A. The commission is authorized to enforce and implement this article and may promulgate regulations consistent with this article...
- § 23-365 Reliance On Administrative Rule Or Regulation
(Added with a 1998 Prop. 105 clause pursuant to L07, Ch. 272) In any action or proceeding commenced on or after January 1, 2007,...
Article 9 Wages and Hours of Public Employees
Article 10 Division of Occupational Safety and Health
- § 23-401 Definitions
In this article, unless the context otherwise requires: 1. " Board" means a review board established pursuant to section 23-422. 2. " Commission" means...
- § 23-402 Applicability
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...
- § 23-403 Employer's Duty
A. Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are...
- § 23-404 Employee's Duty
Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this article which are applicable...
- § 23-405 Duties And Powers Of The Industrial Commission Relative To Occupational Safety And Health
The commission shall: 1. Administer the provisions of this article through the division of occupational safety and health. 2. Appoint the director of the...
- § 23-406 Division Of Occupational Safety And Health; Director; Appointment; Qualifications; Compensation
A. There shall be a division of occupational safety and health within the industrial commission. B. The director of the division of occupational safety...
- § 23-407 Duties And Powers Of The Division
The division on behalf of the commission shall: 1. Recommend all standards, rules or changes thereto, pursuant to section 23-410, to the commission for...
- § 23-408 Inspection Of Places And Practices Of Employment; Employee Initiation Of Investigation; Violation; Classification; Injunction
A. The director of the division of occupational safety and health, or his authorized representative, upon presentation of credentials, shall be permitted to inspect...
- § 23-409 Advisory Committees
A. The commission shall create an occupational safety and health advisory committee to assist the commission in drafting standards and regulations. The committee shall...
- § 23-410 Development Of Standards And Rules
A. Safety and health standards and rules shall be formulated in the following manner: 1. The division shall either propose adoption of national consensus...
- § 23-411 Temporary And Experimental Variances
A. Any employer may apply to the commission for a temporary order granting a variance from a standard or regulation or any provision thereof...
- § 23-412 Permanent Variances
Any affected employer may apply to the commission for a rule or order for a variance from a standard or regulation promulgated under this...
- § 23-413 Protest Of Validity Of Order
Any interested party adversely affected by a rule or order issued under sections 23-411 or 23-412 may appeal in accordance with the procedures established...
- § 23-414 Emergency Temporary Standards
A. The commission may provide for emergency temporary standards or regulations to take immediate effect upon filing with the secretary of state, if it...
- § 23-415 Citations
A. If the director, following an inspection or investigation determines that there is reasonable cause to believe that violation exists he shall with reasonable...
- § 23-416 De Minimis Violations
The division may issue an advisory notice setting forth de minimis violations of standards and regulations which shall carry no penalty, unless the employer...
- § 23-417 Enforcement Procedure
A. If the director, following an inspection or investigation, issues a citation pursuant to section 23-415 he shall, within a reasonable time after termination...
- § 23-418 Penalties; Violation; Classification
A. Any employer who wilfully or repeatedly violates the requirements of section 23-403 or any standard or regulation adopted pursuant to section 23-410 or...
- § 23-418.01 Additional Penalty For Wilful Or Repeated Violation Causing Employee Permanent Disability Or Death Covered By Workers' Compensation; Payment To Employee; Enforcement
A. An additional penalty of twenty-five thousand dollars shall be assessed by the commission against an employer who is assessed a penalty under section...
- § 23-419 Imminent Dangers
A. The superior court has jurisdiction upon filing of a verified complaint by the commission to restrain any conditions or practices in any place...
- § 23-420 Hearing Rights And Procedures
A. Subject to the provisions of section 23-417 an interested party may request a hearing. B. A request for hearing shall be made in...
- § 23-421 Decisions Of The Administrative Law Judge
A. Upon the conclusion of any hearing, or prior thereto with concurrence of the parties, the administrative law judge shall promptly and not later...
- § 23-422 Review Board
A. A review board shall be established to hear and rule on appeals of administrative law judge decisions generated in this article. The board...
- § 23-423 Review Board Rights And Procedures
A. A request for review to the review board shall be filed with the commission within fifteen days from the date the decision was...
- § 23-425 Employee Discharge Or Discrimination
A. No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused...
- § 23-426 Confidentiality Of Trade Secrets
All information reported to or likewise obtained by the commission or its representatives in connection with any inspection or investigation under this article which...
- § 23-427 Employer Recordkeeping
A. Each employer shall make, keep and preserve, and make available to the commission such records regarding his activities relating to this article as...
- § 23-428 State Legal Representation
A. The office of the chief counsel of the industrial commission of Arizona may appear for and represent the commission or the director or...
- § 23-429 Employer And Employee Representation
Notwithstanding the provisions of section 32-261, any affected employee or employer may designate any person or persons to represent him for the purpose of...
- § 23-430 Political Subdivision Jurisdiction
A. Nothing in this article shall prevent any county, city or other political subdivision of the state or any court from asserting jurisdiction over...
- § 23-431 Standards Of Competency
The commission may establish requirements and standards of competency for individuals involved in inspecting, constructing, relocating, altering, dismantling, maintaining or repairing elevators, dumbwaiters, escalators,...
- § 23-432 Testimony Of Witnesses; Compensation; Order Of Superior Court To Appear
The commission may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees...
- § 23-433 Consulting Program
A. The division shall develop a consulting program utilizing visits to the workplace of employers to provide consultation and advice to such employers. Such...
Article 11 Safety Conditions for Boilers and Lined Hot Water Storage Heaters
- § 23-471 Definitions
In this article, unless the context otherwise requires: 1. " Authorized representative" means the boiler chief and boiler inspector employed by the division. 2....
- § 23-472 Administration
The division shall administer the provisions of this article.
- § 23-473 Owner's And Operator's Duty
Every owner or operator of any boiler or lined hot water storage heater shall: 1. Furnish, maintain and provide safe and adequate boilers or...
- § 23-474 Duties Of Commission
The commission shall: 1. Administer the provisions of this article through the division of occupational safety and health. 2. Establish a boiler advisory board...
- § 23-475 Duties Of Division
The division shall: 1. Except as provided in section 23-485, inspect boilers and lined hot water storage heaters under this article. 2. Recommend standards,...
- § 23-476 Safety Standards And Regulations
A. Safety standards and regulations shall be formulated in the following manner: 1. The division shall either propose adoption of national consensus standards or...
- § 23-477 Notice Requesting Investigation
A. Any person may make a request for an investigation by the division into alleged violations of section 23-473 by giving notice to the...
- § 23-478 Enforcement
A. If the division, following an inspection or investigation determines that there is reasonable cause to believe that there exists a violation of a...
- § 23-479 Hearing Rights And Procedures
A. Any interested party may request a hearing before the commission to contest the notice of violation issued pursuant to this article. B. A...
- § 23-480 Decisions Of Administrative Law Judge; Contents; Disposition And Effect
A. Upon the conclusion of any hearing, or prior to the conclusion with concurrence of the parties, the administrative law judge shall, not later...
- § 23-481 Decision Upon Review
A. The request for review of an administrative law judge decision need only state that the party requests a review of the decision. The...
- § 23-482 Time For Compliance With Order; Extension Of Time; Effect Of Orders
A. The commission shall, upon application of any employer, grant such time as reasonably necessary for compliance with an order. A person may petition...
- § 23-483 Petition For Special Action To Review Lawfulness Of Decision, Order Or Decision Upon Review; Procedure
A. Any party affected by a decision of the commission or by a decision upon review pursuant to section 23-481 may apply to the...
- § 23-484 Nonimpairment Of Other Agencies
Nothing contained in this article shall in any way impair the authority or responsibility of political subdivisions of this state with regard to the...
- § 23-485 Special Inspectors; Civil Liability
A. The division, upon the request of any company authorized to insure against loss from explosion of boilers or lined hot water storage heaters...
- § 23-487 Political Subdivision Jurisdiction
This article shall apply to any political subdivisions of this state except those political subdivisions having boiler inspection regulations equal to those of this...
- § 23-488 Division Inspection Service
A. The division may enter into agreements to provide inspection services during the manufacture, assembly, erection, or repair of boilers, lined hot water storage...
Article 12 Safety Conditions for Elevators and Similar Conveyances
- § 23-491 Definitions
In this article, unless the context otherwise requires: 1. " Authorized representative" means the elevator chief and elevator inspector employed by the division. 2....
- § 23-491.01 Administration
The division shall administer the provisions of this article.
- § 23-491.02 Owner's And Operator's Duty
Every owner and operator of a conveyance shall: 1. Construct, furnish, maintain and provide safe and adequate devices with which to safely and properly...
- § 23-491.03 Existing Conveyances
Existing conveyances lawfully installed prior to the effective date of this article may continue in use if the use is, in the opinion of...
- § 23-491.04 Commission Powers And Duties
A. The commission shall: 1. Administer the provisions of this article through the division of occupational safety and health. 2. Establish an elevator advisory...
- § 23-491.05 Division Powers
The division may: 1. Inspect conveyances when deemed necessary or appropriate by the division. 2. Recommend to the commission for approval or disapproval standards...
- § 23-491.06 Development Of Standards And Regulations
A. Safety standards and regulations shall be formulated in the following manner: 1. The division shall either propose adoption of national concensus standards or...
- § 23-491.07 Certificate Of Inspection
No conveyance shall be operated in this state without an annual certificate of inspection issued by the division. The division shall issue such certificate...
- § 23-491.08 Notice Requesting Investigation; Confidentiality; Determination Of Grounds
A. Any person may make a request for an investigation by the division into alleged violations of section 23-491.02 by giving notice to the...
- § 23-491.09 Enforcement
A. If the division, following an inspection or investigation, determines that there is reasonable cause to believe that there is a violation of a...
- § 23-491.10 Hearing Rights And Procedures
A. Any interested party may request a hearing before the commission to contest any correction order issued pursuant to this article. B. A request...
- § 23-491.11 Decisions Of Administrative Law Judge; Contents; Disposition And Effect
A. Upon the conclusion of any hearing, or prior to the conclusion with concurrence of the parties, the administrative law judge shall, not later...
- § 23-491.12 Decision Upon Review
A. The request for review of an administrative law judge decision need only state that the party requests a review of the decision. The...
- § 23-491.13 Effective Date Of Orders; Time For Compliance; Effect Of Orders
A. The commission shall, upon application of any owner or operator, grant such time as reasonably necessary for compliance with an order. A person...
- § 23-491.14 Petition For Special Action To Review Lawfulness Of Decision, Order Or Decision Upon Review; Procedure
A. Any party affected by a decision of the commission or by a decision upon review pursuant to section 23-491.12 may apply to the...
- § 23-491.15 Nonimpairment Of Other Agencies
Nothing contained in this article shall in any way impair the authority or responsibility of political subdivisions of this state with regard to the...
- § 23-491.16 Private Elevator Inspector; Qualifications; Civil Penalty; Prohibited Conduct; Exemption From Rule Making
A. The commission may authorize an individual to perform initial or annual inspections under this article or any other inspection under this article designated...
Article 14 Drug Testing of Employees
Article 15 Noncompete Clauses
Article 16 Voluntary Veterans' Preference Employment Policy
Chapter 3 EMPLOYMENT SERVICES
Article 1 Vocational Rehabilitation
- § 23-501 Definitions
In this article, unless the context otherwise requires: 1. " Department" means the department of economic security. 2. " Director" means the director of...
- § 23-502 Rehabilitation Services
The department shall provide vocational rehabilitation service to persons with a disability who are eligible as provided by this article.
- § 23-503 Duties And Powers
The department shall cooperate in carrying out the purposes of federal statutes pertaining to vocational rehabilitation. The division may adopt methods of administration found...
- § 23-503.01 Coordination Of Vocational Rehabilitation Services
The department shall coordinate its provision of vocational rehabilitation services to persons with an intellectual disability with its provision of intellectual disability services to...
- § 23-504 Merchandising Businesses For The Blind
A. The department of economic security shall make surveys of merchandising business opportunities for and license persons who have no vision or acuity, or...
- § 23-506 Eligibility For Assistance
A. Vocational rehabilitation service shall be provided to a person with a disability, resident in the state, whose vocational rehabilitation in the judgment of...
- § 23-507 Hearings
A person applying for or receiving vocational rehabilitation service who is aggrieved by an action of the division may appeal to the director, subject...
- § 23-508 Administrative Funds
A. The state treasurer shall be the custodian of monies received from the federal government for the purpose of carrying out any federal law...
Article 2 Private Employment Agents
- § 23-521 Employment Agent Defined
A. " Employment agent" means all persons, firms, corporations or associations which for a fee, commission or charge that is collected from persons seeking...
- § 23-522 Supervision Of Employment Agents By Industrial Commission
The industrial commission shall supervise employment agents to the extent necessary to enforce and administer adequately all laws and lawful orders designed to prevent...
- § 23-522.01 Employment Advisory Council; Members; Terms; Meetings
A. There shall be an Arizona employment advisory council. B. The council shall be composed of seven members appointed by the industrial commission. Each...
- § 23-522.02 Council Powers And Duties
The council shall: 1. Inquire into the needs of the employment agency industry, and make such recommendations as may be deemed important and necessary...
- § 23-523 Powers And Duties Of Commission
The commission shall: 1. Fix and order reasonable rules promulgated by the advisory council and approved by the commission for the conduct of the...
- § 23-524 Investigative Powers Of Commission
A. A commissioner or deputy of the commission may at any reasonable time enter the place of business of an employment agent for the...
- § 23-525 Placement Of Labor By Municipal Clerks
A. The clerk of every city and town in which there is no public employment office or employment agency licensed under the provisions of...
- § 23-526 License; Examination
A. No person, firm, association or corporation shall act as an employment agent for profit, or receive any fee, charge, commission or other compensation,...
- § 23-527 Application For License; Cash Deposit Or Surety Bond; Deposit
A. A person, firm, corporation or association desiring a license as employment agent shall make application for a license to the industrial commission, and...
- § 23-528 Annual Renewal Of License; Annual Fees
A. Each license shall be valid for one year from the date of issue and may be renewed annually for a like period of...
- § 23-529 Revocation Of License; Hearing; Notice Of Findings; Appeal
A. The industrial commission may take disciplinary action against a licensee charged with the commission of any of the following acts: 1. Fraud or...
- § 23-530 Filing Of Schedule Of Fees Or Charges; Regulation
A. Every applicant for a license shall file with the commission, within a time fixed by the commission, a schedule of the fees or...
- § 23-531 Applicant's Receipt For Services Of Agent
A. Every licensee conducting an employment agency shall give every applicant for employment from whom a fee is received, a receipt which shall state...
- § 23-532 Return Of Agent's Fee To Applicant
A. No employment agent, or agent thereof, shall send an applicant out for employment without having a bona fide order from the prospective employer...
- § 23-533 Duty Of Agent To Determine Truthfulness Of Representation Made To Applicants
Every employment agent shall reasonably assure himself that any representations whatever, whether spoken, written or advertised in printed form, which he makes with regard...
- § 23-534 False Statements Or Representations
A. No person, firm, association, corporation or any employee or agent thereof, shall knowingly make a false statement to any person furnishing or seeking...
- § 23-535 Splitting Of Fees Prohibited
No employment agent or employee or agent thereof shall divide or offer to divide, or share directly or indirectly, a fee, charge or compensation...
- § 23-536 Violations; Classification
A person, firm, association or corporation who acts as an employment agent without a license as provided in this article is guilty of a...
Article 3 Day Labor
- § 23-551 Definitions
In this article, unless the context otherwise requires: 1. " Day labor" means labor or employment that is under a contract between a day...
- § 23-552 Exemptions
This article does not apply to: 1. Business entities registered as farm labor contractors. 2. Temporary help services engaged in supplying white-collar employees, secretarial...
- § 23-553 Day Labor Service Agency; Third Party Employer; Duties
A. A day labor service agency shall compensate day laborers for work performed by providing or making available commonly accepted negotiable instruments that are...
Article 4 Professional Employer Organizations
- § 23-561 Definitions
In this article, unless the context otherwise requires: 1. " Administrative fee" means the fee that is charged to a client by a professional...
- § 23-562 Professional Employer Agreements; Rights; Notice
A. A professional employer agreement shall: 1. Govern the co-employment relationship between the client and the professional employer organization and between each co-employer and...
- § 23-563 Registration Requirements; Confidentiality
A. Every professional employer organization that provides professional employer services in this state shall register with the secretary of state. The secretary of state...
- § 23-564 Initial Registration; Fee
A. Beginning March 1, 2006, every professional employer organization in this state shall file an initial registration with the secretary of state. The initial...
- § 23-565 Renewal Registration; Fee
Within one hundred eighty days of a registrant's completed fiscal year, each registrant shall file a renewal registration with the secretary of state. The...
- § 23-566 Group Registration
Only for purposes of registration with the secretary of state, if two or more professional employer organizations are held under common control of another...
- § 23-567 Limited Registration; Fee
A. Notwithstanding section 23-564 or 23-565, a professional employer organization may file a limited registration with the secretary of state on a form prescribed...
- § 23-568 Alternative Registration; Fee
A. The secretary of state may establish by rule an alternative registration that accepts an affidavit or certification of a bonded, independent and qualified...
- § 23-569 Financial Capability; Bonding; Exception
A. Every professional employer organization that is located in this state shall maintain either of the following: 1. A minimum net worth of at...
- § 23-570 Liability
A. Unless otherwise expressly provided by a professional employer agreement or otherwise required by law, a client: 1. Shall be solely responsible for: (a)...
- § 23-571 Tax Obligations And Incentives
A. This article does not relieve a client from paying any tax liability that is due under title 42 or 43. B. Any tax...
- § 23-572 Services Not Insurance
A registrant under this article is not engaged in the sale of insurance by offering, marketing, selling, administering or providing professional employer organization services...
- § 23-573 Rights; Duties
A. Covered employees may enforce those rights against a professional employer organization that are allocated to the professional employer organization or that are shared...
- § 23-574 Covered Employees; Licensing
A. A covered employee who is required to be licensed, registered or certified under the laws of this state shall be deemed an employee...
- § 23-575 Violations; Classification; Civil Penalties; Rules
A. A person who offers to provide or actually provides professional employer services or uses the name professional employer organization, staff leasing, employee leasing...
- § 23-576 Professional Employer Organization Fund; Use; Exemption
A. The professional employer organization fund is established consisting of fees collected pursuant to this article. The secretary of state shall administer the fund....
Chapter 4 EMPLOYMENT SECURITY
Article 1 Definitions
- § 23-601 Declaration Of Policy
As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: Economic...
- § 23-602 Definitions Of Words And Phrases
The definitions of words and phrases set forth in this article shall apply throughout this chapter unless the context otherwise requires.
- § 23-603 Agricultural Labor; Definitions; Exemption
A. " Agricultural labor" means and includes all service performed prior to January 1, 1972, that was agricultural labor as defined in this section...
- § 23-603.01 American Employer
" American employer" means a person who is an individual who is a resident of the United States; a partnership, if two-thirds or more...
- § 23-604 Annual Payroll And Average Annual Payroll
A. " Annual payroll" means the total amount of wages for employment paid by an employer during a twelve-month period ending on June 30...
- § 23-605 Base Period
" Base period" means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year,...
- § 23-606 Base‑period Employers
" Base-period employers" means the employers by whom an individual was paid base-period wages.
- § 23-607 Base‑period Wages
" Base-period wages" means the wages paid to an individual during his base period for insured work.
- § 23-608 Benefits
" Benefits" means the money payments payable to an individual as provided in this chapter, with respect to his unemployment.
- § 23-609 Benefit Year
" Benefit year" with respect to an individual means the one-year period beginning with the first day of the first week of unemployment with...
- § 23-609.01 Hearing Officers
" Hearing officer" means a hearing officer of the department of economic security.
- § 23-610 Calendar Quarter
" Calendar quarter" means the period of three consecutive calendar months ending on March 31, June 30, September 30 or December 31, or the...
- § 23-611 Definition
" Commission" or " employment security commission" or " department" means the department of economic security.
- § 23-612 Contributions
" Contributions" means the money payments required by this chapter to be made into the state unemployment compensation fund by an employing unit on...
- § 23-612.01 Crew Leader
A. " Crew leader" means an individual who does all of the following: 1. Furnishes individuals to perform agricultural labor for any other person...
- § 23-613 Employer
A. " Employer" means: 1. Any employing unit which, within the calendar year 1941 or within any succeeding calendar year through 1971, for some...
- § 23-613.01 Employee; Definition; Exempt Employment
A. " Employee" means any individual who performs services for an employing unit and who is subject to the direction, rule or control of...
- § 23-614 Employing Unit; Temporary Services Employer; Professional Employer Organization; Definitions
A. " Employing unit" means an individual or type of organization, including a partnership, association, trust, estate, joint-stock company, insurance company or corporation, whether...
- § 23-615 Employment; Definition
A. " Employment" means any service of whatever nature performed by an employee for the person employing the employee, including service in interstate commerce,...
- § 23-615.01 Political Subdivision Or Instrumentality Employment
A. Notwithstanding any law to the contrary, except for subsection B of this section, for the purposes of this chapter, employment, as defined in...
- § 23-616 Employment Office
" Employment office" means a free public employment office or branch thereof operated by this or any other state as a part of a...
- § 23-617 Exempt Employment; Definition
" Exempt employment" means employment not considered in determining whether an employing unit constitutes an " employer" under this chapter and includes: 1. Agricultural...
- § 23-618 Fund
" Fund" means the unemployment compensation fund established by section 23-701.
- § 23-618.01 Hospital
" Hospital" means an institution which has been licensed, certified, or approved by the Arizona state department of health as a hospital.
- § 23-618.02 Institution Of Higher Education
A. " Institution of higher education" means an educational institution which: 1. Admits as regular students only individuals having a certificate of graduation from...
- § 23-619 Insured Work
" Insured work" means employment for employers.
- § 23-619.01 Misconduct Connected With The Employment; Wilful Misconduct; Evaluation
A. " Misconduct connected with the employment" means any act or omission by an employee which constitutes a material or substantial breach of the...
- § 23-620 State
" State" includes, in addition to the states of the United States, the District of Columbia, and the Commonwealth of Puerto Rico and the...
- § 23-621 Unemployed; Definition
A. An individual shall be deemed " unemployed" with respect to any week during which the individual performs no services and with respect to...
- § 23-621.01 United States
" United States" includes, in addition to the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the...
- § 23-622 Wages
A. " Wages" means all remuneration for services from whatever source, including commissions, bonuses and fringe benefits and the cash value of all remuneration...
- § 23-623 Week
" Week" means such period of seven consecutive days as the commission may by regulation prescribe.
- § 23-624 Plan Maintained By An Employer
" Plan maintained by an employer" shall not include any plan to which the employer does not contribute funds.
- § 23-625 Definition Of Levy
" Levy" includes the power of distraint and seizure by any means.
- § 23-625.01 Definition Of Debtor
" Debtor" means a person whose property is subject to levy pursuant to article 5 of this chapter.
- § 23-625.02 Definition Of Internal Revenue Code
" Internal revenue code" means the United States internal revenue code of 1986, as amended.
Article 1.1 Extended Benefits
- § 23-626 Eligibility Period
" Eligibility period" of an individual means the period consisting of the weeks in his benefit year under this chapter which begin in an...
- § 23-627 Exhaustee
A. " Exhaustee" means an individual who, with respect to any week of unemployment in his eligibility period: 1. Has received prior to such...
- § 23-628 Extended Benefit Period
A. " Extended benefit period" means a period which: 1. Begins with the third week after a week for which there is an Arizona...
- § 23-629 Extended Benefits
" 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...
- § 23-630 On And Off Indicators
A. There is an Arizona on indicator for a week if the department determines, in accordance with the regulations of the United States secretary...
- § 23-631 Rate Of Insured Unemployment; Definition
" Rate of insured unemployment" for purposes of section 23-630 means the percentage derived by dividing: 1. The average weekly number of individuals filing...
- § 23-632 Definition Of Regular Benefits
" Regular benefits" means benefits payable to an individual under this chapter or under any other state or federal unemployment compensation law other than...
- § 23-633 Definition Of State Law
" State law" means the unemployment insurance law of any state, approved by the United States secretary of labor under section 3304 of the...
- § 23-634 Eligibility Requirements For Extended Benefits
A. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the...
- § 23-634.01 Denial Of Benefits For Failure To Accept Suitable Work Or Actively Seek Work; Definition
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...
- § 23-635 Weekly Extended Benefit Amount
The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period is an amount equal to...
- § 23-636 Total Extended Benefit Amount; Certain Adjustments
A. Except as provided in subsection D of this section, the total extended benefit amount payable to an eligible individual with respect to his...
- § 23-637 Beginning And Termination Of Extended Benefit Period
A. Whenever an extended benefit period is to become effective in this state as a result of an Arizona on indicator, or an extended...
- § 23-638 Credits And Charges To Employer Accounts
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...
- § 23-639 Applicability Of Other Articles
Except where inconsistent with the provisions of this article, as provided in the regulations of the commission, the terms and conditions of all other...
Article 2 Administration and Enforcement
- § 23-642 Compromise Of Claims For Contributions
The department may compromise a claim for contributions or payments in lieu of contributions more than two years in arrears, or an action in...
- § 23-643 Extensions Of Time; Regulations
A. Whenever in this chapter a period of time is specified for submitting any payment, appeal, application, request, notice, objection, petition, report or other...
- § 23-644 Reciprocal Arrangements
A. The department may enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both,...
- § 23-645 State‑federal Cooperation
In the administration of this chapter, the department shall: 1. Cooperate with the United States department of labor to the fullest extent consistent with...
- § 23-648 Manpower Services
A. There shall be established and maintained by the department free public employment offices in such number and in such places as may be...
- § 23-649 Acquisition Of Lands And Buildings
A. The department may acquire for and in the name of the state by lease purchase agreement, or otherwise, lands or buildings for the...
- § 23-652 Publications By Commission
The commission shall print for distribution to the public the text of this chapter, its regulations and general rules, its annual reports to the...
- § 23-654 Availability Of Records To Foreign Agency
Records and necessary authentication thereof required in the prosecution of a criminal action brought by another state or foreign government for misrepresentation to obtain...
- § 23-656 Enforcement Of Chapter
A. In a civil action to enforce the provisions of this chapter, the commission and the state may be represented by any qualified attorney...
- § 23-657 Violations; Classification
Any person who knowingly violates any provision of this chapter, or any rule or regulation thereunder, the violation of which is made unlawful or...
Article 2.1 Unemployment Insurance Tax Anticipation Notes
Article 3 Decisions, Hearings and Orders
- § 23-671 Appeal Tribunals
A. The department shall establish one or more impartial appeal tribunals to hear and decide disputed claims. Such appeal tribunals shall consist in each...
- § 23-672 Appeals Board; Review Of Board Decision
A. Within the department, an appeals board is established consisting of four members. The director shall appoint the members of the appeals board and...
- § 23-672.01 Effect Of Finding, Judgment, Conclusion Or Order In Separate Or Subsequent Action Or Proceeding; Use As Evidence
Any finding of fact or law, judgment, conclusion or final order made by a hearing officer, an administrative law judge or any person with...
- § 23-673 Determination Of Claim On Unemployment Due To Labor Dispute
A. In any case in which the payment or denial of benefits will be determined by section 23-777, the deputy shall proceed as provided...
- § 23-674 Procedure In Rendering Decisions And Orders; Rights Of Parties; Representation
A. All interested parties to a hearing before the appeal tribunal or the appeals board shall be given reasonable notice of the hearing and...
- § 23-675 Depositions; Oaths; Attendance Of Witnesses; Production Of Papers
In the discharge of the duties imposed by this chapter, the appeal tribunal, appeals board or any duly authorized representative of the department may...
- § 23-676 Failure To Obey Commission Subpoena; Classification
Any person who without just cause knowingly fails or refuses to attend and testify or to answer any lawful inquiry or to produce books,...
- § 23-677 Contempt By Contumacy Or Refusal To Obey Subpoena Of Commission
In case of contumacy or refusal of a person to obey a subpoena issued under this chapter, any court of this state within the...
- § 23-679 Fees Of Witnesses
Witnesses subpoenaed pursuant to this chapter shall be allowed fees, not less than those paid in the superior court, at a rate fixed by...
- § 23-680 Notices Of Hearings
Notwithstanding section 41-1002, subsection B and section 41-1061, all notices of hearing required by this chapter shall be given at least ten working days...
- § 23-681 Changing Hearing Date; Good Cause
A. The scheduled hearing date may be advanced or postponed if the parties agree or on a showing of good cause. B. Good cause...
- § 23-682 Service Of Documents By Electronic Means
Notwithstanding section 41-1002, subsection B and section 41-1063, the appeal tribunal or appeals board, as an alternative to any other means of service permitted...
- § 23-683 Exemption Of Claimant From Fees; Approval Required For Counsel Or Agent Fee; Violation; Classification
A. No individual claiming benefits shall be charged fees of any kind in a proceeding under this chapter by the department or its representatives...
Article 4 Funds
Article 5 Contributions
- § 23-721 Work Records Kept By Employing Unit; Inspection By Commission
Each employing unit shall keep true and accurate work records for such periods of time and containing such information as the commission prescribes. Such...
- § 23-722 Reports Of Employing Unit; Information Confidential; Report Of Banking Institution; Disclosure Of Information; Classification
A. The department, the appeals board or an appeal tribunal may require from an employing unit sworn or unsworn reports with respect to persons...
- § 23-722.01 Employer Reporting; Exceptions; Retention Of Records; Unauthorized Disclosure; Civil Penalty; New Hire Directory; Definitions
A. Subject to the requirements of subsection E, the department of economic security shall implement a program to require all employers doing business in...
- § 23-722.02 Employer Request; Employee Disclosure; Violation; Classification; Requirements
A. After an employee is hired, is rehired or returns from an unpaid leave of absence, the employer shall request that the employee disclose...
- § 23-723 Penalties For Failure To File Timely Or Complete Contribution And Wage Reports
A. An employing unit which fails to file on or before the due date prescribed by department regulation a quarterly contribution and wage report...
- § 23-724 Liability Determinations; Review; Finality
A. When the department makes a determination, which determination shall be made either on the motion of the department or on application of an...
- § 23-725 Employer Coverage; Termination; Election Of Coverage
A. Except as provided in subsections D and E of this section, an employing unit that is or becomes an employer subject to the...
- § 23-726 Contributions; Voluntary Payment
A. Contributions shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter with...
- § 23-727 Credits And Charges To Employer Accounts
A. The commission shall maintain a separate account for each employer and shall credit the account with all contributions and payments in lieu of...
- § 23-728 Standard Rate Of Contribution
The standard rate of contributions payable by each employer for calendar year 1985 and each year thereafter shall be five and four-tenths per cent...
- § 23-729 Change From The Standard Contribution Rate
If an employer's account has been chargeable with benefits throughout the twelve consecutive calendar month period ending on June 30 of the preceding calendar...
- § 23-730 Variation And Adjustment Of Contribution Rates
For calendar year 1985 and each calendar year thereafter, variations from the standard rate of contribution shall be determined in accordance with the following...
- § 23-730.02 Temporary Reduction Of Required Income Rates
(Rpld. 1/1/17) Notwithstanding any other provision of this article, beginning on January 1, 2001 until the amount of the excise tax imposed pursuant to...
- § 23-731 Classification Of Employers By Benefit Experience To Determine Contribution Rates; Rate When Report Unavailable
The commission, for each calendar year, shall classify employers in accordance with their actual experience in the payment of contributions and with respect to...
- § 23-732 Annual Notice To Employer Of Contribution Rate; Procedure For Review And Redetermination; Quarterly Notification; Notification By Electronic Means
A. The department shall promptly notify each employer of the employer's rate of contributions as determined for any calendar year. The determination shall become...
- § 23-733 Transfer Of Employer Experience Rating Accounts To Successor Employer; Liability Of Successor
A. When any employing unit in any manner succeeds to or acquires the organization, trade or business, or substantially all of the assets thereof,...
- § 23-733.01 Assignments Of Rates; Transfers Of Experience; Violation; Civil Penalty; Definitions
A. If an employer transfers the employer's trade or business or a portion of the trade or business to another employer and at the...
- § 23-734 Agreement By Employee To Pay Employer Contribution Void
No agreement by an individual in the employ of any person or concern to pay all or a portion of an employer's contributions or...
- § 23-735 Requiring Or Accepting Payments From Wages To Finance Employer's Contribution; Waiver Of Rights Of Employee; Violation; Classification
A. No employer shall directly or indirectly make, require or accept a deduction from wages to finance the employer's contributions or payments in lieu...
- § 23-736 Interest On Past Due Contributions; Deposit Of Interest
A. If contributions are not paid on the date due and payable as prescribed by the commission, the whole or part thereafter remaining unpaid...
- § 23-737 Collection Of Contributions Or Interest; Precedence Of Action
A. If a contribution, payment in lieu of a contribution, penalty or interest imposed under this chapter is not paid when due, these amounts...
- § 23-737.01 Collection Of Amounts Due By Certificate For Judgment
A. If a contribution or payment in lieu of a contribution imposed under this chapter is not paid when due, the department may, instead...
- § 23-737.02 Recovery Of Collection Costs; Fee For Bad Checks
A. A debtor who fails to pay any contributions, payments in lieu of contributions, penalties, interest or fees imposed under this chapter is liable...
- § 23-738 Delinquency Assessments; Interest And Penalties; Petition For Reassessment
A. If an employer neglects or refuses to make a return as required by this chapter, the department shall make an estimate based upon...
- § 23-738.01 Deficiency Assessment; Petition For Reassessment
A. If the department finds through its audit or claims-taking procedures that the return filed by an employer is deficient, the department may compute...
- § 23-739 Jeopardy Assessment; Petition For Reassessment
A. Notwithstanding sections 23-738 and 23-738.01, if the department believes the collection of a contribution, payment in lieu of contributions, interest or penalties will...
- § 23-740 Procedure On Petition For Reassessment
If a timely petition for reassessment is filed and after any decision on the issue of liability arising under section 23-724 affecting the assessment...
- § 23-741 Payment Of Amounts In Dispute
Notwithstanding section 23-742, the department shall refund any payment of contributions, payment in lieu of contributions, interest or penalties subsequently determined not due as...
- § 23-742 Adjustment Or Refund Of Contribution; Limitation
A. Not later than three years after the date on which any contribution or interest on a contribution becomes due, an employer who has...
- § 23-743 Limitations
A. Except as provided in subsections D and E of this section, additional contributions, payments in lieu of contributions, interest or penalties shall not...
- § 23-744 Priority Of Claim For Contributions Due Upon Insolvency Proceedings
A. In event of a distribution of an employer's assets pursuant to court order, including receivership, assignment for benefit of creditors, adjudicated insolvency, composition...
- § 23-745 Lien For Unpaid Contributions, Interest And Penalties
If any contributions, payments in lieu of contributions, interest or penalties which the department is required to collect are not paid, the unpaid amounts...
- § 23-746 Superiority Of Lien; Notice
A. The department may perfect a lien no earlier than fifteen days after the date on which contributions, payments in lieu of contributions, interest...
- § 23-746.01 Release Or Subordination Of Lien
A. If a lien established by section 23-745 has been satisfied and a notice of the lien was recorded by the department pursuant to...
- § 23-747 Release Of Lien; Bond; Foreclosure And Judgment Against Surety
A. The employer may cause his property to be released from the lien provided by sections 23-745 and 23-746, by filing with the commission...
- § 23-748 Effect Upon Lien Of Transfer Of Assets By Delinquent
The transfer, through sale, exchange or otherwise, of a major portion of the assets of a delinquent employer shall not defeat or impair the...
- § 23-749 Failure To Make Contributions Or Payments, Furnish Reports Or Produce Or Permit Inspection Of Records; Classification
Any employing unit or any officer or agent of an employing unit or any other person who knowingly fails or refuses to make any...
- § 23-750 Special Provisions For Nonprofit Organizations And State And Local Governments
A. The provisions of this section apply to: 1. Any nonprofit organization described in paragraph 10 of section 23-617, which but for the provisions...
- § 23-751 Authorizing Certain State Agencies And Institutions Of Higher Learning To Elect To Make Payments In Lieu Of Contributions
Effective January 1, 1974, this state or any of its agencies or boards may elect to become liable for payments in lieu of contributions...
- § 23-751.01 Employment By An Indian Tribe; Benefits; Payments In Lieu Of Contributions; Definitions
A. Any Indian tribe for which service in employment is performed is an employer for the purposes of this chapter. Benefits that are based...
- § 23-752 Levy Assessment And Distraint
A. If a debtor who is liable to pay any contributions, payments in lieu of contributions, interest or penalties neglects or refuses to pay...
- § 23-753 Surrender Of Property Subject To Levy; Definition
A. Except as provided in subsection B of this section, a person in possession of, or obligated with respect to, property or rights to...
- § 23-754 Production Of Books
If a levy has been made or is about to be made on property, or a right to property, any person having custody or...
- § 23-755 Property Exempt From Levy
A. The following property is exempt from levy under this article: 1. Wearing apparel and school books necessary for the debtor or members of...
- § 23-756 Notice And Sale Of Seized Property
A. Except as otherwise provided in this section, the notice of sale and sale of property seized by the department under this article shall...
- § 23-757 Authority To Release Levy And Return Property
A. The department may release the levy on all or a part of the property or rights to property levied on if the department...
Article 5.1 Shared Work Unemployment Compensation
Article 5.2 Job Training Employer Tax
Article 6 Benefits
- § 23-771 Eligibility For Benefits
A. An unemployed individual shall be eligible to receive benefits with respect to any week only if the department finds that the individual: 1....
- § 23-771.01 Approved Training; Definitions
A. Notwithstanding any other provision of this chapter, no otherwise eligible individual shall be denied benefits for any week: 1. Because he is in...
- § 23-772 Claims For Benefits; Initial Claim Filing Notice To Employer; Contents Of Notice; Continued Claim Notice To Employer; Posting Printed Statements Dealing With Claims
A. Claims for benefits shall be made in accordance with such regulations as the department prescribes. The department shall require an individual claiming benefits...
- § 23-773 Examination And Determination Of Claims
A. A representative designated by the department as a deputy shall promptly examine any claim for benefits and, on the basis of the facts...
- § 23-774 Documentation Of Benefit Eligibility
A. The department shall require an individual who files a claim for benefits to provide documentation or information sufficient for the department to determine...
- § 23-775 Disqualification From Benefits
An individual shall be disqualified for benefits: 1. For the week in which the individual has left work voluntarily without good cause in connection...
- § 23-776 Disqualification From Benefits For Failure To Accept Suitable Work Or Actively Seek Work; Exceptions
A. An individual shall be disqualified for benefits if the department finds the individual has failed without cause either to apply for available, suitable...
- § 23-777 Disqualification From Benefits For Unemployment Resulting From Labor Dispute; Exceptions; Effect On Contribution Rate
A. An individual shall be disqualified for benefits for any week with respect to which the commission finds that his total or partial unemployment...
- § 23-778 Disqualification From Benefits For Fraud
Any person who, within the twenty-four calendar months immediately preceding a week in which he files a valid claim for benefits, has made a...
- § 23-779 Amount Of Benefits
A. The weekly benefit amount of an individual shall be an amount equal to one twenty-fifth of the person's total wages for insured work...
- § 23-780 Duration And Amount Of Benefits
An otherwise eligible individual shall be entitled during a benefit year to a total amount of benefits equal to twenty-six times his weekly benefit...
- § 23-781 Denial Of Benefits To Certain Athletes And Aliens
A. Benefits based on services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate,...
- § 23-782 Payment Of Benefits
All benefits provided by this chapter shall be payable from the unemployment compensation fund. All benefits shall be paid through offices of the department...
- § 23-783 Assignment Or Pledge Of Benefits Void; Exemption From Attachment Or Execution; Waiver Of Exemption Void
A. No assignment, pledge or encumbrance of the right to benefits which are or may become due or payable under this chapter shall be...
- § 23-784 Agreement For Waiver Of Rights Void
No agreement by an individual to waive, release or commute his rights to benefits or any other rights under this chapter shall be valid,...
- § 23-785 False Statement, Misrepresentation Or Nondisclosure Of Material Fact To Obtain Benefits; Classification
Any person who knowingly makes a false statement or representation believing it to be false or who knowingly fails to disclose a material fact...
- § 23-786 False Statement, Misrepresentation Or Nondisclosure Of Material Fact To Defraud Claimant; Classification
Any employing unit or any officer or agent of an employing unit or any other person who knowingly makes a false statement or representation...
- § 23-787 Repayment Of And Deductions For Benefits Obtained By Claimants Not Entitled To Benefits; Collection
A. A person who receives any amount as benefits under this chapter to which the person is not entitled is liable to repay the...
- § 23-788 Recovery Of Trade Act Overpayments
The department shall recover any overpayment made to an individual under the trade act of 1974, as amended, by deduction of the overpayment amount...
- § 23-789 Recovery Of Child Support Obligations; Definitions
A. When an individual files an initial claim for unemployment compensation, he shall disclose whether he is liable for child support obligations. Upon a...
- § 23-789.01 Recovery Of Uncollected Overissuance Of Food Stamp Coupons; Definitions
A. At the time an individual files a new claim for unemployment compensation, the department may require disclosure of whether or not the individual...
- § 23-790 Recovery On Behalf Of Foreign Agency Of Benefits Paid Through Nondisclosure Or Misrepresentation Of Material Fact
On request of an agency which administers an employment security law of another state or foreign government and which has found in accordance with...
- § 23-791 Benefits Reduced By Pension Payment; Definition
A. Except as provided in subsections B and C, the amount of benefits payable to an individual for any week that begins in a...
- § 23-792 Voluntary Withholding; Income Tax
A. An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, be advised: 1. That unemployment compensation...
- § 23-793 Qualified Transient Lodging Employment; Definition
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...
- § 23-794 School Bus Contractors With Educational Institutions; Definition
A. Notwithstanding any other law, benefits based on service by a school bus contractor for an educational institution shall not be paid to an...
- § 23-795 Contract Educational Providers; Definition
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...
- § 23-796 Services For A Charter School; Benefits
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...
Article 7 General Provisions
Chapter 5 EMPLOYERS' LIABILITY LAW
Article 1 In General
- § 23-801 Liability Of Employer
To protect the safety of employees in all hazardous occupations in mining, smelting, manufacturing, railroad or street railway transportation, or any other industry, as...
- § 23-802 Declaration Of Policy
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...
- § 23-803 Hazardous Occupations
The following occupations are hazardous within the meaning of this article: 1. The operation of steam railroads, electrical railroads, street railroads by locomotives, engines,...
- § 23-804 Posting Of Notices By Employer
Every employer employing workmen in a hazardous occupation shall, by rules, regulations or instructions, inform all employees in such occupations as to the duties...
- § 23-805 Right Of Action For Damages; Two‑year Limitation
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...
- § 23-806 Contributory Negligence Or Assumption Of Risk As Question Of Fact; Effect Of Comparative Negligence On Damages
In actions brought under this article, the question of whether the employee was guilty of contributory negligence or assumed the risk is a question...
- § 23-807 Agreement Exempting Employer From Liability Void; Setoffs By Employer
A. Any contract, rule, regulation or device whatever, the purpose or intent of which is to enable an employer to exempt himself from any...
- § 23-808 Limitation On Attorney's Fee; Violation; Classification
A. In an action to recover damages for death or injury of an employee under any law of the state when the death or...
Chapter 6 WORKERS' COMPENSATION
Article 1 Scope of Workers' Compensation
- § 23-901 Definitions
In this chapter, unless the context otherwise requires: 1. " Award" means the finding or decision of an administrative law judge or the commission...
- § 23-901.01 Occupational Disease; Proximate Causation; Definitions
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...
- § 23-901.02 Liability Of Last Employer; Exception
Where compensation is payable for an occupational disease the only employer liable shall be the employer in whose employment the employee was last injuriously...
- § 23-901.03 Appointment Of Committee Of Medical Consultants For Claims; Qualifications, Powers, Duties And Compensation
A. For each case submitted by a claimant for compensation the commission may, or if requested by an interested party shall, appoint a committee...
- § 23-901.04 Compensation Precluded By Misconduct, Self‑exposure Or Disobedience Of Orders Of Commission; Definition
A. Notwithstanding any other provision of this chapter, no employee or dependent of an employee shall be entitled to receive compensation for disability from...
- § 23-901.05 Occupational Disease Aggravated By Other Disease Or Other Disease Aggravated By Occupational Disease; Effect On Compensation
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,...
- § 23-901.06 Volunteer Workers
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...
- § 23-901.07 Persons With Disabilities In Vocational Training; Definition
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...
- § 23-901.08 Professional Employer Organizations
A. A person engaged in the business of providing professional employer services is subject to this chapter regardless of whether the person uses the...
- § 23-902 Employers Subject To Chapter; Exceptions
A. Employers subject to this chapter are the state, each county, city, town, municipal corporation and school district and every person who employs any...
- § 23-903 Application Of Chapter To Persons Engaged In Interstate Commerce; Limitation
The provisions of this chapter shall apply to employers and their employees engaged in intrastate and also in interstate and foreign commerce for whom...
- § 23-904 Arizona Worker Injuries In Other State; Injury To Foreign Worker In This State; Evidence Of Insurance; Judicial Notice Of Other State's Laws
A. If a worker who has been hired or is regularly employed in this state receives a personal injury by accident arising out of...
- § 23-905 Minor Employees; Limitation On Payment Of Lump Sum Award; Additional Compensation
A. A minor working at an age and at an occupation legally permitted shall be deemed of the age of majority for the purposes...
- § 23-906 Liability Under Chapter Or Under Common Law Of Employer Securing Compensation; Carriers; Service Representatives; Right Of Employee To Make Election; Procedure For Making Election
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...
- § 23-907 Liability Of Employer Failing To Secure Compensation; Defenses; Presumption; Right Of Employee To Compensation Under Chapter; Information Exchange; Civil Penalties; Settlement Of Disputed Claim
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...
- § 23-908 Injury Reports By Employer And Physician; Schedule Of Fees; Violation; Classification
A. Every employer that is affected by this chapter, and every physician who attends an injured employee of such employer, shall file with the...
- § 23-909 Motion Picture Exemption
A. The provisions of this chapter shall not apply to employers and their employees engaged in any phase of the motion picture business that...
- § 23-910 Exemption For Licensees
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...
Article 2 Administration and Enforcement
- § 23-921 Administration Of Chapter
A. The industrial commission of Arizona is charged with the duties of the administration of this chapter, and with the adjudication of claims for...
- § 23-926 Inspection Of Employer Records; Noncompliance By Employer; Penalty
A. All books, records and payrolls of the employer, including nonconfidential employer records on file with other state or local governmental agencies, showing or...
- § 23-927 Power To Enter Places Of Employment
A commissioner may enter any place of employment to collect facts and statistics, and may bring to the attention of any employer any law...
- § 23-928 Investigation By Agents
A. For the purpose of making an investigation with regard to any employment or place of employment, the commission may appoint, by an order...
- § 23-929 Enforcement Of Chapter
Upon request of the commission the attorney general, or under his direction the county attorney of the proper county, shall institute and prosecute the...
- § 23-930 Unfair Claim Processing Practices; Bad Faith; Civil Penalties
A. The commission has exclusive jurisdiction as prescribed in this section over complaints involving alleged unfair claim processing practices or bad faith by an...
- § 23-932 Violations; Classification
A person who violates any provision of this chapter, commits any act therein prohibited, knowingly fails or refuses to perform any duty thereby imposed...
- § 23-933 Priority Of Judgment Against Assets Of Employer
Judgments obtained in any action prosecuted by the commission or by the state under the authority of this chapter shall have the same priority...
Article 3 Orders and Hearings
- § 23-941 Hearing Rights And Procedure
A. Subject to the provisions of section 23-947, any interested party may file a request for a hearing concerning a claim. B. A request...
- § 23-941.01 Final Settlement Agreement; Definition
A. Any final settlement agreement involving a workers' compensation claim is not valid and enforceable until the final settlement agreement is approved by the...
- § 23-942 Awards Of Administrative Law Judge; Contents; Disposition And Effect
A. Upon the conclusion of any hearing, or prior thereto with concurrence of the parties, the administrative law judge shall promptly and not later...
- § 23-943 Decision Upon Review
A. The request for review of an administrative law judge award need only state that the party requests a review of the award. The...
- § 23-944 Effective Date Of Orders; Time For Compliance; Effect Of Orders
A. General orders of the commission shall take effect within thirty days after publication. Special orders shall take effect as therein directed. B. The...
- § 23-945 Petition For Hearing On Validity Of Order; Procedure; Substitution Of Order
A. Any employer or other person interested in or affected by an order of the commission may petition for a hearing on the reasonableness...
- § 23-946 Action Asserting Invalidity Of Order; Limitation; Venue And Procedure
A. Any person in interest dissatisfied with an order of the commission may within thirty days commence an action in the superior court of...
- § 23-946.01 Stay Of Court Proceedings Pending Determination Of Issues By Commission
A. If upon the trial provided for in section 23-946, it appears that all issues arising in the action have not theretofore been presented...
- § 23-947 Time Within Which Hearing Must Be Requested; Definition
A. A hearing on any question relating to a claim shall not be granted unless the employee has previously filed an application for compensation...
- § 23-948 Jurisdiction Of Actions Concerning Orders Or Petitions For Writ Of Mandamus; Right Of Appeal
No court of this state, except the superior court, the court of appeals and the supreme court on appeal shall have jurisdiction to review,...
- § 23-949 Effect Of Action Concerning Order; Procedure To Stay Order
The pendency of an action to set aside, vacate or amend an order of the commission shall not stay or suspend the order of...
- § 23-950 Priority Of Actions
Actions and proceedings under this chapter and actions or proceedings to which the commission, the insurance department, or the state is a party in...
- § 23-951 Writ Of Certiorari To Review Lawfulness Of Award, Order Or Decision Upon Review; Procedure
A. Any party affected by an award by the commission or by a decision upon review under the provisions of section 23-943 or by...
- § 23-952 Continuation Of Order Or Award Pending Hearing Or Appeal
When an order or award is issued by the industrial commission awarding permanent compensation benefits, compensation shall be paid as provided in such order...
- § 23-953 Notice Of Award; Effect Of Petition For Hearing Or Appeal; Overpayment
When a notice is issued by an insurance carrier or a self-insured employer of an award for permanent compensation benefits pursuant to section 23-1044,...
Article 4 Providing for Compensation
- § 23-961 Methods Of Securing Compensation By Employers; Deficit Premium; Civil Penalty
A. Employers shall secure workers' compensation to their employees in one of the following ways: 1. By insuring and keeping insured the payment of...
- § 23-961.01 Self‑insurance Pools
A. Two or more employers, each of whom are engaged in similar industries, may enter into contracts to establish a workers' compensation pool to...
- § 23-962 Insurance By Governmental Units; Payment Of Premiums
A. Any county, city, town, municipal corporation or school district shall insure in any manner prescribed by the terms of section 23-961. Effective July...
- § 23-963 Provisions Of Compensation Insurance Policy
Every policy of insurance covering the liability of the employer for workers' compensation shall cover the entire liability of the employer to his employees...
- § 23-963.01 Policies With Deductible Coverage
A. Notwithstanding the provisions of section 23-963, an insurance carrier authorized to transact workers' compensation insurance in this state may offer deductible coverage to...
- § 23-964 Posting Notice Of Compliance With Compensation Law
A. Each employer providing insurance or electing to pay compensation directly as provided in this chapter, shall post in conspicuous places about his place...
- § 23-966 Failure Of Employer To Pay Claim Or Comply With Commission Order; Reimbursement Of Funds
A. If a self-insured employer or other employer authorized by the commission to process or pay claims directly pursuant to this chapter does not...
- § 23-967 Deduction Of Premium From Employee Wage Or Salary; Violation; Classification
Any employer who intentionally deducts any portion of the premium, except for accident benefits, which he is by law required to pay from the...
- § 23-968 Notification To Employer By Carrier
At the request of an employer the insurance carrier shall notify such employer of monies paid relating to a workman of the employer during...
- § 23-969 Satisfaction Of Lien; Release
When any lien established by this article has been satisfied, the commission shall issue a release to the person against whom the lien is...
- § 23-970 Misrepresentation Of Payroll, Job Description, Job Function Or Loss History Affecting Premium Payment; Violation; Classification; Penalty; Statute Of Limitations; Civil Action
A. It is unlawful for an employer to wilfully misrepresent to an insurance carrier the amount of payroll, the job description or job function...
Article 6 Insurance Under Compensation Fund
Article 7 Right to Compensation
- § 23-1021 Right Of Employee To Compensation
Every employee coming within the provisions of this chapter who is injured, and the dependents of every such employee who is killed by accident...
- § 23-1021.01 Peace Officers; Fire Fighters; Employment Status
A. A peace officer or fire fighter as defined in section 1-215 who is injured or killed while traveling directly to or from work...
- § 23-1022 Compensation As Exclusive Remedy For Employees; Definition; Exceptions; Public Agency Employees
A. The right to recover compensation pursuant to this chapter for injuries sustained by an employee or for the death of an employee is...
- § 23-1023 Liability Of Third Person To Injured Employee; Election Of Remedies
A. If an employee who is entitled to compensation under this chapter is injured or killed or further aggravates a previously accepted industrial injury...
- § 23-1024 Choice Of Remedy As Waiver Of Alternate Remedy
A. An employee, or his legal representative in event death results, who accepts compensation waives the right to exercise any option to institute proceedings...
- § 23-1025 Agreement By Employee To Waive Compensation Or To Pay Premium Void; Unlawful Collection Of Premium; Classification
A. An agreement by an employee to waive the employee's rights to compensation, except as provided in this chapter, or an agreement by an...
- § 23-1026 Periodic Medical Examination Of Employee; Effect Of Refusal Or Obstruction Of Examination Or Treatment
A. An employee who may be entitled to compensation under this chapter shall submit himself for medical examination from time to time at a...
- § 23-1027 Compensation Precluded By Neglect Or Refusal Of Employee To Submit To Treatment
No compensation shall be payable for the death or disability of an employee if his death is caused by, or insofar as his disability...
- § 23-1028 False Statements Or Representations To Obtain Compensation; Forfeiture; Violation; Classification; Sworn Statement; Definition
A. If in order to obtain any compensation, benefit or payment under this chapter, either for himself or for another, any person knowingly makes...
- § 23-1029 Repeal Of Chapter; Effect On Rights Of Parties
If the provisions of this chapter relative to compensation for injuries to or death of workmen are repealed, and the injury or death has...
- § 23-1030 Effect On Employers' Liability Law
This chapter shall not be construed as having repealed the sections of the statutes commonly known as the employers' liability law.
- § 23-1031 Persons Incarcerated; Suspension Of Benefits
A. Except as provided in subsection B of this section, beginning on December 1, 1997, payment of compensation under this chapter shall be suspended...
Article 8 Amount of Compensation
- § 23-1041 Basis For Computing Compensation; Definition
A. Every employee of an employer within the provisions of this chapter who is injured by accident arising out of and in the course...
- § 23-1042 Basis For Computing Average Monthly Wage Of Minor Permanently Incapacitated
If it is established by competent evidence that an injured employee is under eighteen years of age and his incapacity is permanent, his average...
- § 23-1043 Hernias Classified For Compensation Purposes
All hernias are considered injuries within the provisions of this chapter causing incapacitating conditions or permanent disability, and until otherwise ordered by the commission,...
- § 23-1043.01 Heart‑related And Mental Cases
A. A heart-related or perivascular injury, illness or death shall not be considered a personal injury by accident arising out of and in the...
- § 23-1043.02 Human Immunodeficiency Virus; Establishing Exposure; Definition
A. A claim for a condition, infection, disease or disability involving or related to the human immunodeficiency virus or acquired immune deficiency syndrome shall...
- § 23-1043.03 Hepatitis C; Establishing Exposure; Definition
A. A claim for a condition, infection, disease or disability involving or related to hepatitis C shall include the occurrence of a significant exposure...
- § 23-1043.04 Methicillin-Resistant Staphylococcus Aureus; Spinal Meningitis; Tuberculosis; Establishing Exposure; Definitions
A. A claim for a condition, infection, disease or disability involving or related to methicillin-resistant staphylococcus aureus, spinal meningitis or tuberculosis shall include the...
- § 23-1044 Compensation For Partial Disability; Computation
A. For temporary partial disability there shall be paid during the period thereof sixty-six and two-thirds per cent of the difference between the wages...
- § 23-1045 Compensation For Total Disability; Permanent Total Disability Defined
A. For temporary total disability the following compensation shall be paid: 1. Compensation of sixty-six and two-thirds per cent of the average monthly wage...
- § 23-1046 Death Benefits
A. In case of an injury causing death, the compensation therefor shall be known as a death benefit and shall be payable in the...
- § 23-1047 Procedure For Determining Compensation For Partial Disability And Permanent Total Disability In Cases Not Enumerated; Procedure For Determining Nonscheduled Dependency And Duration Of Compensation To Partial Dependents In Death Cases
A. In cases of permanent partial disability under section 23-1044, subsection B, paragraph 22 and subsections C and F, when the physical condition of...
- § 23-1048 Reasonable Accommodations; Earning Capacity Determination; Definitions
A. If an employer has made reasonable accommodations pursuant to the Americans with disabilities act or other applicable federal or state law, wages payable...
Article 9 Payment of Compensation
- § 23-1061 Notice Of Accident; Form Of Notice; Claim For Compensation; Reopening; Payment Of Compensation
A. Notwithstanding section 23-908, subsection E, no claim for compensation shall be valid or enforceable unless the claim is filed with the commission by...
- § 23-1061.01 Treatment By Prayer Or Spiritual Means
Nothing in this chapter shall be construed to prevent a workman, whose injury or disability has been established to the satisfaction of the commission,...
- § 23-1062 Medical, Surgical, Hospital Benefits; Commencement Of Compensation; Method Of Compensation
A. Promptly, on notice to the employer, every injured employee shall receive medical, surgical and hospital benefits or other treatment, nursing, medicine, surgical supplies,...
- § 23-1062.01 Timely Payment Of Medical, Surgical And Hospital Benefit Billing; Content Of Bills; Contracts Between Providers And Carriers; Exceptions; Definitions
A. An insurance carrier, self-insured employer or claims processing representative shall make a determination whether to deny or pay a medical bill on an...
- § 23-1062.02 Off-Label And Prescription Use Of Controlled Substances; Prescription Of Schedule II Controlled Substances; Reports; Treatment Plans; Monitoring Program Inquiries; Preauthorizations; Definitions
A. A physician shall include in the report required under commission rule information pertaining to the following: 1. The off-label use of a narcotic,...
- § 23-1062.03 Evidence Based Medical Treatment Guidelines
The commission shall develop and implement a process for the use of evidence based medical treatment guidelines, where appropriate, to treat injured workers no...
- § 23-1063 Apportionment Of Compensation
Compensation to a dependent widow or widower shall be for the use and benefit of the widow or widower and the dependent children, and...
- § 23-1064 Presumptions Of Dependency; Determination
A. The following persons are conclusively presumed to be totally dependent for support upon a deceased employee: 1. A wife upon a husband whom...
- § 23-1065 Special Fund; Purposes; Investment Committee
A. The industrial commission may direct the payment into the state treasury of not to exceed one per cent of all premiums received by...
- § 23-1066 Minor Or Incompetent Claimant; Appointment Of Guardian Ad Litem; Procedure
A. When it appears to the commission that a claimant for compensation or death benefits is a minor or incompetent person, the commission may,...
- § 23-1067 Commutation Of Compensation To Lump Sum Payment
A. The commission may allow commutation of the compensation awarded pursuant to section 23-1044, subsection B to a lump sum payment of not to...
- § 23-1068 Assignment Of Compensation; Exemption From Attachment Or Execution; Payment To Nonresident
A. Compensation, whether determined or not, is not, prior to the delivery of the warrant therefor, assignable. B. Except as provided in subsection D...
- § 23-1069 Attorney's Fees; Payment; Time Limitation
A. In proceedings before the commission in which an attorney employed by the claimant has rendered services reasonably necessary in processing the claim, the...
- § 23-1070 Medical, Surgical And Hospital Benefits Provided By Employer; Pilot Program
A. An employer, other than this state or a political subdivision of this state, who secures compensation to his employees in the manner provided...
- § 23-1070.01 Request For Early Hearing; Stipulation; Action Of Commission
A. If a request for hearing filed in connection with a change of physician under section 23-1070 alleges, by affidavit, that immediate and irreparable...
- § 23-1071 Notice By Employees With Disabilities Of Absence From Locality Or State; Failure To Give Notice; Change Of Doctor
A. No employee may leave the state of Arizona for a period exceeding two weeks while the necessity of having medical treatment continues, without...
- § 23-1072 Autopsy In Death Claims; Effect Of Refusal By Claimant
A. On filing a claim for compensation for death from an industrial injury or occupational disease where in the opinion of the commission it...
- § 23-1073 Processing Of Prior Claims
The commission appointed pursuant to the provisions of chapter 1 of this title shall process all claims for injuries or disabling conditions which occurred...
Article 10 Administrative Fund
Article 11 Assigned Risk Plan
- § 23-1091 Assigned Risk Plan
A. An insurer may decline to issue a workers' compensation or occupational disease policy to an employer. An employer who is refused coverage by...
Article 12 Presumptions of Compensability
Chapter 8 LABOR RELATIONS
Article 1 Right to Work
- § 23-1301 Definitions
In this article, unless the context otherwise requires: 1. " Labor organization" means any organization of any kind, or any agency or employee representation...
- § 23-1302 Prohibition Of Agreements Denying Employment Because Of Nonmembership In Labor Organization
No person shall be denied the opportunity to obtain or retain employment because of nonmembership in a labor organization, nor shall the state or...
- § 23-1303 Illegality Of Acts Or Agreements Violating Article; Strike Or Picketing For Illegal Purpose
A. Any act or provision in an agreement which is in violation of this article is illegal and void. B. Any strike or picketing...
- § 23-1304 Prohibition Of Threatened Or Actual Interference With A Person, His Family Or Property To Compel Him To Join Labor Organization, Strike Or Leave Employment
It is unlawful for an employee, labor organization, or officer, agent or member thereof, by any threatened or actual interference with the person, his...
- § 23-1305 Prohibition Of Conspiracy To Induce Persons To Refuse To Work With Persons Not Members Of Labor Organization
A combination or conspiracy by two or more persons to cause the discharge of any person or to cause him to be denied employment...
- § 23-1306 Civil Liability Of Person Violating Article
A person who violates any provision of this article, or who enters into an agreement containing a provision declared illegal by this article, or...
- § 23-1307 Injunctive Relief From Injury Resulting From Violation Of Article
A person injured or threatened with injury by an act declared illegal by this article shall, notwithstanding any other provision of law to the...
Article 2 Picketing and Secondary Boycotts
- § 23-1321 Definitions
In this article, unless the context otherwise requires: 1. " Concerted interference with lawful exercise of business activity" means to do either of the...
- § 23-1322 Unlawful Picketing
A. It is unlawful for a labor organization to picket any establishment unless there exists between the employer and the majority of employees of...
- § 23-1323 Injunctive Relief; Damages
A. Unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott are illegal...
- § 23-1324 Violations; Classification
A. Except as provided in subsection B of this section, any person who violates any provision of this article is guilty of a class...
- § 23-1325 Defamation; Damages
A. A person commits defamation of an employer by doing all of the following: 1. Maliciously making a false statement about the employer to...
- § 23-1326 No Trespass Public Notice List; Presumption
A. The secretary of state shall establish a no trespass public notice list identifying employers in this state who have established private property rights...
- § 23-1327 Unlawful Mass Assembly
A. A person shall not do any of the following: 1. Hinder or prevent the pursuit of any lawful work or employment by mass...
- § 23-1328 Trespassory Assembly
A labor organization or individual or group that acts on behalf of employees shall not engage in trespassory assembly.
- § 23-1329 Publicizing Enjoined Picketing Or Assembly; Prohibition
A person shall not declare or publicize the continued existence of actual or constructive picketing or assembly at a point or directed against a...
Article 3 Contracts of Employment Contrary to Public Policy
Article 4 Blacklisting
Article 5 Agricultural Employment Relations
- § 23-1381 Declaration Of Policy
It is hereby declared to be the policy of this state that the uninterrupted production, packing, processing, transporting and marketing of agricultural products are...
- § 23-1382 Definitions
In this article, unless the context otherwise requires: 1. " Agricultural employee, permanent" means any employee who is over sixteen years of age, who...
- § 23-1383 Rights Of Employees
A. Agricultural employees have the right to self-organization, to bargain directly for themselves, and to form and join or assist labor organizations to bargain...
- § 23-1384 Rights Of Employer
An agricultural employer has the following management rights: 1. To manage, control and conduct his operations, including but not limited to the number of...
- § 23-1385 Unfair Labor Practices; Definition
A. It is an unfair labor practice for an agricultural employer: 1. To interfere with, restrain or coerce employees in the exercise of the...
- § 23-1386 Agricultural Employment Relations Board; Members; Terms; Appointment
A. An agricultural employment relations board is established that consists of seven members. B. The governor shall appoint the members of the board. Two...
- § 23-1387 Powers And Duties
A. By one or more of its members or by such agents or agencies as it may designate, the board may prosecute any inquiry...
- § 23-1388 Officers And Employees Of The Board
A. The board may appoint an executive secretary and such attorneys and other employees as it may from time to time find necessary for...
- § 23-1389 Representatives And Elections
A. Representatives selected by a secret ballot for the purposes of collective bargaining by the majority of the agricultural employees in a unit appropriate...
- § 23-1390 Prevention Of Unfair Labor Practices
A. The board, as provided in this section, may prevent any person from engaging in any unfair labor practice. B. If it is charged...
- § 23-1391 Investigatory Powers
A. The board, or its duly authorized agent or agencies, shall have access to, at all reasonable times, for the purpose of examination, and...
- § 23-1392 Violation; Classification
Any person who knowingly resists, prevents, impedes or interferes with any member of the board or any of its agents or agencies in the...
- § 23-1393 Court Jurisdiction
A. Any person who is aggrieved or is injured in his business or property by reason of any violation of this article, or a...
- § 23-1394 Scope Of Article
This article applies only to such persons, labor organizations or activities as are not within the jurisdiction of the national labor relations act or...
- § 23-1395 Limitations
A. Nothing in this article, except as otherwise specifically provided, shall be construed as to interfere with or impede or diminish in any way...
Article 6 Organizational Rights
Chapter 9 EMPLOYMENT PROTECTION ACT
Article 1 General Provisions
Last modified: October 13, 2016