A.R.S. § 23-1103 — Arizona Code / Title 23 / Chapter 6 / Article 12 / Section 1103
23-1103 Impact of presumptions; liability
Status: in_force

23-1103. Impact of presumptions; liability

A. The report shall include all of the following:

1. Scientific evidence that shows the extent to which:

(a) Peer reviewed scientific studies exist that document a causal relationship that a specific disease or condition has been demonstrated to have arisen out of employment.

(b) The centers for disease control and prevention have determined that a disease or condition is acquired or transmitted.

(c) Alternative exposure patterns exist for acquiring or transmitting a disease or condition other than occupational.

2. Financial information to indicate the extent to which:

(a) The mandate may cause an employer or insurance carrier to pay a workers' compensation claim for a nonwork related disease or condition.

(b) The mandate may increase costs to self-insured employers or premiums charged by insurance carriers.

3. An explanation of why existing compensability methods are inadequate to accurately determine if a disease or condition is acquired or transmitted in the course of employment.

B. The report shall address the specific language of the legislative proposal.

C. A person that does not submit a report as prescribed in this article is not subject to any civil sanction or criminal penalty.
A.R.S. § 23-406 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 406
23-406 Division of occupational safety and health; director; appointment; qualifications; compensation
Status: in_force

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 and health shall be the administrative head of the division under the control of the commission.  The director shall be appointed by the commission and shall serve at the pleasure of the commission.

C. The director shall be:

1. A person who has been employed in the safety or health profession a minimum of ten years in the aggregate and is currently engaged in the broad practice of safety or health or one of its relevant specialties or holds a degree from an accredited college or university appropriate to the field of safety and health and has a minimum of five years' experience in the broad practice of safety or one of its relevant specialties, and has been registered or licensed by a state agency as a professional appropriate to his field of safety and health or has been certified as competent within the broad practice of safety or health or one of its relevant specialties by an organization recognized as qualified by the American society of safety engineers or American industrial hygiene association.

2. Competent to deal with the planning, design and needs of business operations as the use of such operations relates to the safe, convenient and economic performance of their business functions, with not less than three years' experience in an administrative capacity in the field of occupational safety and health.

D. The salary of the director shall be determined pursuant to section 38-611.
A.R.S. § 23-1601 — Arizona Code / Title 23 / Chapter 10 / Article 1 / Section 1601
23-1601 Declaration of independent business status
Status: in_force

23-1601. Declaration of independent business status

A. Compliance with this chapter and the execution of a declaration of independent business status in compliance with this section are not mandatory in order to establish the existence of an independent contractor relationship between an employing unit and an independent contractor.  The failure of a party to execute a declaration in compliance with this section does not create any presumptions and is not admissible to deny the existence of an independent contractor relationship.

B. Any employing unit contracting with an independent contractor may prove the existence of an independent contractor relationship for the purposes of this title by the independent contractor executing a declaration of independent business status, as provided by this section, and by the employing unit acting in a manner substantially consistent with the declaration. Compliance with this section creates a rebuttable presumption of an independent contractor relationship between the independent contractor and the employing unit with whom the independent contractor contracts.  Any declaration of independent business status shall be signed by the independent contractor, be dated and substantially comply with the following form:

This declaration of independent business status is made by (contractor) in relation to services performed by the contractor for or in connection with (contracting party).  The contractor states and declares the following:

1. The contractor acknowledges that the contractor operates the contractor's own independent business and is providing services for or in connection with the contracting party as an independent contractor.

2. The contractor acknowledges that the contractor is not an employee of the contracting party and the services rendered for or in connection with the contracting party do not establish any right to unemployment benefits or any other right arising from an employment relationship.

3. The contractor is responsible for all tax liability associated with payments received from or through the contracting party and the contracting party will not withhold any taxes from payments to the contractor.

4. The contractor is responsible for obtaining and maintaining any required registration, licenses or other authorization necessary for the services rendered by the contractor.

5. The contractor acknowledges at least six of the following:

(a) That the contractor is not insured under the contracting party's health insurance coverage or workers' compensation insurance coverage.

(b) That the contracting party does not restrict the contractor's ability to perform services for or through other parties and the contractor is authorized to accept work from and perform work for other businesses and individuals besides the contracting party.

(c) That the contractor has the right to accept or decline requests for services by or through the contracting party.

(d) That the contracting party expects that the contractor provides services for other parties.

(e) That the contractor is not economically dependent on the services performed for or in connection with the contracting party.

(f) That the contracting party does not dictate the performance, methods or process the contractor uses to perform services.

(g) That the contracting party has the right to impose quality standards or a deadline for completion of services performed, or both, but the contractor is authorized to determine the days worked and the time periods of work.

(h) That the contractor will be paid by or through the contracting party based on the work the contractor is contracted to perform and that the contracting party is not providing the contractor with a regular salary or any minimum, regular payment.

(i) That the contractor is responsible for providing and maintaining all tools and equipment required to perform the services performed.

(j) That the contractor is responsible for all expenses incurred by the contractor in performing the services.

6. The contractor acknowledges that the terms set forth in this declaration apply to the contractor, the contractor's employees and the contractor's independent contractors.

C. Subsections A and B of this section do not apply to any employing unit that is licensed or is required to be licensed pursuant to title 32, chapter 10 unless the employing unit is contracting with an independent contractor to perform services that do not require a license pursuant to title 32, chapter 10 for or in connection with the employing unit.

D. Execution of a declaration of independent business status under this section is optional and this section does not require an independent contractor to execute a declaration of independent business status to be considered an independent contractor.  Any employing unit or independent contractor may rely on any provision in this title for the purposes of establishing an employment or independent contractor relationship.

E. The execution of a declaration of independent business status and substantial compliance with the declaration pursuant to this section does not operate to the same effect as or otherwise act as a substitute for a written agreement executed pursuant to section 23-902, subsection D.
A.R.S. § 23-746 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 746
23-746 Superiority of lien; notice
Status: in_force

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 or penalties are due.

B. The lien imposed by section 23-745 may be perfected by the department against the employer's real property located in any county by recording a notice of lien, in the form prescribed by subsection E of this section, in the office of the county recorder.

C. The lien imposed by section 23-745 may be perfected by the department against the employer's personal property or rights to personal property located within this state by recording a notice of lien, in the form prescribed by subsection E of this section, in the office of the secretary of state.

D. The lien imposed by section 23-745 with accruing interest, created or perfected in the manner provided by this section, is superior to all other liens and encumbrances perfected after the date the lien arose under the provisions of section 23-745.

E. A notice of lien recorded under this section shall specify all of the following:

1. The amount of contributions, payments in lieu of contributions, interest and penalties due.

2. The periods for which such amounts are due.

3. The name and last known address of the employer liable for such amounts.

A copy of the notice shall be mailed to the employer's last known address.

F. On request, the department shall provide a disclaimer of lien within three working days after the receipt of information which establishes to the satisfaction of the department that the person identified is not the debtor against whom such lien has been filed.

G. If the department fails to comply with the provisions of subsection F of this section the person incorrectly identified as the debtor may bring a civil action to compel the department to provide the disclaimer of lien. The department shall be liable for all fees and other expenses of the person bringing the action against the department pursuant to section 12-348.
A.R.S. § 23-230 — Arizona Code / Title 23 / Chapter 2 / Article 3 / Section 230
23-230 Definitions
Status: in_force

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 the starting, moving, leveling, holding and opening and closing of the doors is entirely automatic.

2. "Clay construction product" means brick, hollow structural tile, sewer pipe, refractories, architectural terra cotta, glazed structural tile, roofing tile, stove lining, chimney pipes and tops, wall coping and drain tile.

3. "Construction" means building, altering, repairing, adding to, subtracting from, improving, moving, wrecking or demolishing a building, highway, road, railroad, excavation or other structure, project, development or improvement, including the erection and use of scaffolding or a similar structure and providing mechanical or structural service for a structure, project, development or improvement.

4. "Elevator" means a power-driven hoisting or lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. Elevator does not include dumbwaiters.

5. "Explosive" means ammunition, black powder, blasting caps, fireworks or any substance or combination of substances commonly used for the purpose of detonation and which, on exposure to any external force or condition, is capable of a relatively instantaneous release of gas and heat.

6. "Hazardous agricultural chemicals" means any substance that has a toxicity level that requires manufacturer or distributor labeling as category I, category II and category III toxicity in accordance with the regulations adopted by the administrator pursuant to the federal environmental pesticide control act of 1972, as amended.

7. "Logging" means felling timber, bucking or converting timber into logs, poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts or similar products, collecting, skidding, yarding, loading, transporting and unloading such products, constructing, repairing and maintaining roads, railroads, flumes or camps used in connection with logging, moving, installing, rigging and maintenance of machinery or equipment used in logging, operation of a sawmill, lath mill, shingle mill or cooperage stock mill in connection with the storing of logs and bolts, converting logs or bolts into sawed lumber, laths, shingles or cooperage stock and storing, drying and shipping lumber, laths, shingles and cooperage stock or other products of such mills.

8. "Manufacturing" means designing, assembling, fabricating, producing, constructing or preparing a product or part of a product before sale or use.

9. "Mine or quarry" means an underground or surface rock or mineral extracting, placer, dredging or bore-hole operation including all grinding and metal mills, washer plants and any other cutting, crushing, grinding, screening, sizing, washing or cleaning operation performed on extracted rocks or minerals.

10. "Motor vehicle" means an automobile, truck, truck tractor, trailer, semitrailer, motorcycle or similar vehicle propelled or drawn by mechanical power and designed for use as a means of transportation. Motor vehicle does not include a vehicle operated exclusively on rails.

11. "Outside helper" means a person who rides on a motor vehicle other than in the driver or passenger compartment for the purpose of transporting, loading or unloading items.

12. "Power-driven bakery machine" means a horizontal or vertical dough mixer, batter mixer, bread dividing, rounding or molding machine, dough brake, dough sheeter, combination bread slicing and wrapping machine, cake cutting band saw, cookie machine or cracker machine.

13. "Power-driven hoist" means an apparatus for raising or lowering a load by the application of a pulling or pushing force including a crane, derrick or forklift. Power-driven hoist does not include an elevator or an automatic elevator.

14. "Power-driven meat processing machine" means a meat patty forming machine, meat and bone cutting saw or knife, head splitter, guillotine cutter, snout puller, jaw puller, skinning machine, horizontal rotary washing machine, casing cleaning machine, grinding, mixing, chopping and hashing machines and meat presses.

15. "Power-driven metal working, forming, punching or shearing machine" means a machine, other than machine tools, which changes the shape of or cuts metal by means of dies, rolls, knives or similar tools which are mounted on rams, plungers or other moving parts.

16. "Power-driven paper products machine" means a platen die-cutting press, platen printing press, punch press which involves hand feeding of the machine, arm-type wirestitcher or stapler, circular or band saw, corner cutter or mitering machine, corrugating and single or double-lacing machine, envelope die-cutting press, guillotine paper cutter or shear, horizontal bar scorer, laminating or combining machine, sheeting machine, scrap paper baler or vertical slotter or other machine used in the remanufacture or conversion of paper or pulp into a finished product.

17. "Power-driven woodworking machine" means a fixed or portable machine or tool driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, assembling, pressing or printing wood or veneer.

18. "Processing" means an activity involving an addition to, subtraction from, change in or cleaning of any food or foodstuff including filleting fish, dressing poultry or cracking nuts.

19. "Radiation" means ionizing radiation including gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays.

20. "Radioactive substance" means a solid, liquid or gaseous material or materials that spontaneously emit radiation.

21. "Roofing" means all work performed in connection with the application of weatherproofing materials and substances, including tar, pitch, asphalt, prepared paper, tile, slate, metal, translucent materials and shingles of asbestos, asphalt or wood, to roofs of buildings and other structures. Roofing includes all work performed in connection with installation of roofs, including related metal work, and alterations, additions, maintenance and repair including painting and coating of roofs.

22. "Silica refractory products" means items produced from raw materials and containing free silica as their main constituent.

23. "Warehousing" means loading, unloading, storing or otherwise moving any item or items to and from trucks, railroad cars, conveyors and buildings.

24. "Wrecking, demolition and shipbreaking" means all work, including cleanup and salvage work, performed on or at the site of the total or partial razing, demolishing or dismantling of a building, bridge, steeple, tower, chimney, other structure, motor vehicle, ship or other vessel.
A.R.S. § 23-412 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 412
23-412 Permanent variances
Status: in_force

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 article. Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. The commission shall issue such rule or order if it determines on the record, after opportunity for an inspection where appropriate and a hearing before the commission that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard or regulation. The rule or order so issued shall prescribe the conditions the employer must maintain, the practices, means, methods, operations and processes which he must adopt and utilize to the extent they differ from the standard or regulation in question. Such a rule or order may be modified or revoked upon application by an employer, employees or by the commission on its own motion, in the manner prescribed for its issuance under this section at any time after six months from its issuance.
A.R.S. § 23-630 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 630
23-630 On and off indicators
Status: in_force

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 of labor, that for the period consisting of such week and the immediately preceding twelve weeks:

1. The rate of insured unemployment in this state, not seasonally adjusted:

(a) Equaled or exceeded one hundred twenty per cent of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, and

(b) Equaled or exceeded five per cent; or

2. The rate of insured unemployment in this state, not seasonally adjusted, equaled or exceeded six per cent; or

3. With respect to benefits for weeks of unemployment beginning after January 31, 2009:

(a) The average rate of total unemployment, seasonally adjusted, according to the United States secretary of labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds six and one-half per cent; and

(b) The average rate of total unemployment in this state, seasonally adjusted, according to the United States secretary of labor, for the three month period described in subdivision (a) of this paragraph, equals or exceeds one hundred ten per cent of such average for either or both the corresponding three month periods ending in the two preceding calendar years.

B. There is an Arizona off indicator for a week unless the department determines in accordance with the regulations of the United States secretary of labor that for the period consisting of such week and the immediately preceding twelve weeks the conditions of subsection A, paragraph 1, 2 or 3 are satisfied.

C. Subsection A, paragraph 3 only applies from and after January 31, 2009 until the week ending three weeks before the last week the federal sharing is authorized by Public Law 111-5, section 2005(a) or the week ending December 12, 2009, whichever is later.

D. Notwithstanding any other provision of this chapter, the governor shall suspend the payment of extended benefits under this chapter to the extent necessary to ensure that otherwise eligible individuals are not denied, in whole or in part, the receipt of emergency unemployment compensation benefits authorized by the federal supplemental appropriations act of 2008 (P.L. 110-252), the unemployment compensation extension act of 2008 (P.L. 110-449) and the American recovery and reinvestment act of 2009 (P.L. 111-5) and that this state receives the maximum reimbursement from the federal government for the payment of those emergency benefits.
A.R.S. § 23-964 — Arizona Code / Title 23 / Chapter 6 / Article 4 / Section 964
23-964 Posting notice of compliance with compensation law
Status: in_force

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 of business typewritten or printed notices stating that he has complied with the provisions of this chapter and all rules and regulations of the commission made in pursuance thereof and, if such is the fact, has been authorized by the commission directly to compensate his employees or their dependents.

B. The notices when posted shall constitute sufficient notice to the employees of the fact that the employer has complied with the law for securing compensation to his employees and their dependents.
A.R.S. § 23-416 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 416
23-416 De minimis violations
Status: in_force

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 wilfully and repeatedly violates such standard or regulation, in which case the division may refer the matter to the commission for appropriate action pursuant to section 23-418.
A.R.S. § 23-656 — Arizona Code / Title 23 / Chapter 4 / Article 2 / Section 656
23-656 Enforcement of chapter
Status: in_force

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 who is a regular salaried employee of the commission and is designated by it for this purpose or, at the commission's request, by the attorney general.

B. All criminal actions for violation of any provision of this chapter, or of any rules or regulations issued pursuant thereto, shall be prosecuted by the attorney general, or, at his request and under his direction, by the county attorney of the county in which the employer has a place of business or the violator resides.
A.R.S. § 23-1061.01 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1061.01
23-1061.01 Treatment by prayer or spiritual means
Status: in_force

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, from relying in good faith on treatment by prayer through spiritual means in accordance with the tenets and practice of a recognized church or religious denomination by a duly accredited practitioner thereof without suffering reduction or suspension of his compensation benefits under this chapter, provided that nothing in this chapter shall be construed to prevent a workman who desires it from being furnished with such treatment by prayer through spiritual means if the commission does not object thereto.
A.R.S. § 23-1327 — Arizona Code / Title 23 / Chapter 8 / Article 2 / Section 1327
23-1327 Unlawful mass assembly
Status: in_force

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 assembly, unlawful threats or force.

2. Obstruct or interfere with entrance to or egress from any place of employment, including by intentionally operating a motor vehicle so as to delay, impede or interfere with the ability of persons or vehicles to enter or leave any property.

3. Obstruct or interfere with the free and uninterrupted use of public roads, streets, highways, railways, airports or other means of travel or conveyance.

4. Use language or words threatening to do harm to a person or the person's real or intangible property or designed to incite fear in any person attempting to enter or leave any property.

5. Assemble other than in a reasonable and peaceful manner.

B. This section does not prohibit assembly to the extent that assembly is authorized under the Arizona or federal constitution or federal law.
A.R.S. § 23-971 — Arizona Code / Title 23 / Chapter 6 / Article 4 / Section 971
23-971 Firefighter and fire investigator cancer claim information; data sharing; definitions
Status: reserved

23-971. Firefighter and fire investigator cancer claim information; data sharing; definitions

A. All insurance carriers, self-insuring employers and workers' compensation pools securing workers' compensation for firefighters and fire investigators pursuant to this chapter shall compile and report to the commission claim and claim reserve information for all cancer-related claims filed by or on behalf of firefighters and fire investigators.

B. The information required by subsection A of this section shall include all of the following:

1. The type of cancer.

2. The total claim costs.

3. The claim reserved by the insurance carrier, self-insuring employer or workers' compensation pool.

4. Any other information requested by the commission.

C. Notwithstanding subsections A and B of this section, the commission may not require or obtain any personally identifiable information for any claimant.

D. The commission shall compile and make available to insurance carriers, rating organizations, employers, public safety workers and workers' compensation pools the claim-related information collected pursuant to this section to assist with the setting of workers' compensation insurance rates and to ensure the adequate reserving for cancer claims for the class codes associated with firefighters and fire investigators.

E. For the purposes of this section, "firefighter" and "fire investigator" have the same meanings prescribed in section 23-901.09.
A.R.S. § 23-1501 — Arizona Code / Title 23 / Chapter 9 / Article 1 / Section 1501
23-1501 Severability of employment relationships; protection from retaliatory discharges; exclusivity of statutory remedies in employment
Status: in_force

23-1501. Severability of employment relationships; protection from retaliatory discharges; exclusivity of statutory remedies in employment

A. The public policy of this state is that:

1. The employment relationship is contractual in nature.

2. The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary setting forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restricting the right of either party to terminate the employment relationship. Both the employee and the employer must sign this written contract, or this written contract must be set forth in the employment handbook or manual or any similar document distributed to the employee, if that document expresses the intent that it is a contract of employment, or this written contract must be set forth in a writing signed by the party to be charged. Partial performance of employment shall not be deemed sufficient to eliminate the requirements set forth in this paragraph. Nothing in this paragraph shall be construed to affect the rights of public employees under the Constitution of Arizona and state and local laws of this state or the rights of employees and employers as defined by a collective bargaining agreement.

3. An employee has a claim against an employer for termination of employment only if one or more of the following circumstances have occurred:

(a) The employer has terminated the employment relationship of an employee in breach of an employment contract, as set forth in paragraph 2 of this subsection, in which case the remedies for the breach are limited to the remedies for a breach of contract.

(b) The employer has terminated the employment relationship of an employee in violation of a statute of this state. If the statute provides a remedy to an employee for a violation of the statute, the remedies provided to an employee for a violation of the statute are the exclusive remedies for the violation of the statute or the public policy set forth in or arising out of the statute, including the following:

(i) The civil rights act prescribed in title 41, chapter 9.

(ii) The occupational safety and health act prescribed in chapter 2, article 10 of this title.

(iii) The statutes governing the hours of employment prescribed in chapter 2 of this title.

(iv) The agricultural employment relations act prescribed in chapter 8, article 5 of this title.

(v) The statutes governing disclosure of information by public employees prescribed in title 38, chapter 3, article 9.

All definitions and restrictions contained in the statute also apply to any civil action based on a violation of the public policy arising out of the statute. If the statute does not provide a remedy to an employee for the violation of the statute, the employee shall have the right to bring a tort claim for wrongful termination in violation of the public policy set forth in the statute.

(c) The employer has terminated the employment relationship of an employee in retaliation for any of the following:

(i) The refusal by the employee to commit an act or omission that would violate the Constitution of Arizona or the statutes of this state.

(ii) The disclosure by the employee in a reasonable manner that the employee has information or a reasonable belief that the employer, or an employee of the employer, has violated, is violating or will violate the Constitution of Arizona or the statutes of this state to either the employer or a representative of the employer who the employee reasonably believes is in a managerial or supervisory position and has the authority to investigate the information provided by the employee and to take action to prevent further violations of the Constitution of Arizona or statutes of this state or an employee of a public body or political subdivision of this state or any agency of a public body or political subdivision.

(iii) The exercise of rights under the workers' compensation statutes prescribed in chapter 6 of this title.

(iv) Service on a jury as protected by section 21-236.

(v) The exercise of voting rights as protected by section 16-1012.

(vi) The exercise of free choice with respect to nonmembership in a labor organization as protected by section 23-1302.

(vii) Service in the national guard or armed forces as protected by sections 26-167 and 26-168.

(viii) The exercise of the right to be free from the extortion of fees or gratuities as a condition of employment as protected by section 23-202.

(ix) The exercise of the right to be free from coercion to purchase goods or supplies from any particular person as a condition of employment as protected by section 23-203.

(x) The exercise of a victim's right to leave work as provided in sections 8-420 and 13-4439.

B. If the statute provides a remedy to an employee for a violation of the statute, the remedies provided to an employee for a violation of the statute are the exclusive remedies for the violation of the statute or the public policy prescribed in or arising out of the statute.
A.R.S. § 23-1072 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1072
23-1072 Autopsy in death claims; effect of refusal by claimant
Status: in_force

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 is necessary to ascertain accurately and scientifically the cause of death, an autopsy may be ordered by the commission upon request of an interested party and notice to the employer to be made by a qualified pathologist designated by the commission. Any interested person may designate a duly licensed physician to attend such autopsy, and the findings of the pathologist performing the autopsy shall be filed with the commission and shall be a public record.

B. All proceedings for compensation shall be suspended upon refusal of a claimant or claimants to permit the autopsy when so ordered.

C. Where an autopsy has been performed pursuant to an order of the commission, no action shall lie against any person, firm or corporation for participating in or requesting such autopsy.
A.R.S. § 23-352 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 352
23-352 Withholding of wages
Status: in_force

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 empowered to do so by state or federal law.

2. The employer has prior written authorization from the employee.  An employer shall not withhold wages under a written authorization from the employee past the date specified by the employee in a written revocation of the authorization, unless the withholding is to resolve a debt or obligation to the employer or a court orders otherwise.

3. There is a reasonable good faith dispute as to the amount of wages due, including the amount of any counterclaim or any claim of debt, reimbursement, recoupment or set-off asserted by the employer against the employee.
A.R.S. § 23-215 — Arizona Code / Title 23 / Chapter 2 / Article 2 / Section 215
23-215 Employment eligibility; e-verify program; false documents; violation; classification
Status: in_force

23-215. Employment eligibility; e-verify program; false documents; violation; classification

(Caution:  1998 Prop. 105 applies)

A. Any natural person who is not lawfully present in the United States shall not knowingly submit false information or documents to an employer to evade detection of employment eligibility under the e-verify program.

B. Any natural person who violates subsection A of this section is guilty of a class 1 misdemeanor, except that it is a class 6 felony if the person has been previously convicted of a violation of this section. The person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served a term of incarceration as determined by the court.
A.R.S. § 23-775 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 775
23-775 Disqualification from benefits
Status: in_force

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 with the employment, and in addition to the waiting week, for the duration of the individual's unemployment and until the individual has earned wages in an amount equivalent to five times the individual's weekly benefit amount otherwise payable. If a person leaves because of transportation difficulties, the individual shall be disqualified unless the individual can show the individual's travel requirements are in excess of the normal practice in the individual's occupation and past practice or that the individual has compelling personal circumstances requiring the individual's leaving.  Compelling personal circumstances shall include but are not limited to a showing of any of the following:

(a) Over thirty miles distance from the individual's home to work.

(b) More than one and one-half hours to reach work.

(c) A spouse or unemancipated minor leaving work to accompany the other spouse or a parent who is a member of the armed services and who is transferred to another locality as a result of official orders.

2. For the week in which the individual has been discharged for wilful or negligent misconduct connected with the employment, and in addition to the waiting week, for the duration of the individual's unemployment and until the individual has earned wages in an amount equivalent to five times the individual's weekly benefit amount otherwise payable.

3. For any week with respect to which or a part of which the individual has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the United States, but if the appropriate agency of the other state or of the United States finally determines that the individual is not entitled to unemployment benefits, the ineligibility shall not apply.

4. For the week in which the individual becomes unemployed and for not more than the following three weeks, if the individual's unemployment is due solely to a customary suspension of all operations, except maintenance work, at the factory, plant or other premises at which the individual was last employed, which will not occur more than once in a calendar year and will not exceed four consecutive weeks' duration, and the employment will again be available to the individual on resumption of operations. For the purposes of this paragraph:

(a) "Customary suspension" means a suspension that has occurred for the same or similar reasons in each of three consecutive years or more, including the year in question, regardless of whether the suspension in any previous year would have satisfied the requirements of this paragraph. A suspension provided for by an agreement to which the employer is a party shall be considered customary unless the agreement specifies the exact time, duration, type and circumstances of the suspension. Any suspension whose details are determined by the employer shall be considered customary, regardless of the employer's ultimate reason for imposing it, as long as the employer's reason or reasons are the same or similar over the necessary period.

(b) "Factory, plant or other premises" means any location or premises or portion of locations or premises of the employer where the work or operations are separate and distinct from those at other locations or premises or portions of locations or premises, regardless of geographic proximity or functional, geographic or administrative integration of the work or operations.

(c) "Maintenance work" has its usual meaning and includes any administrative, executive, clerical or supervisory work or any other work necessary to keep the factory, plant or other premises in a position to resume full operations promptly at the end of the suspension or necessary to pay, supervise or otherwise support individuals performing such work.

5. For any week in which the individual is incarcerated.
A.R.S. § 23-943 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 943
23-943 Decision on review
Status: in_force

23-943. Decision on 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 request may be accompanied by a memorandum of points and authorities, in which event any other interested party shall have fifteen days after the date of filing in which to respond. Failure to respond will not be deemed an admission against interest.

B. The request for review shall be filed with the administrative law judge division and copies of the request shall be served on all other parties to the proceeding.

C. If review has been requested, the record of such oral proceedings at the hearings before the administrative law judge for purposes of the review shall be transcribed at the expense of the commission.

D. Notice of the review shall be served on the parties.

E. The review shall be made by the presiding administrative law judge and shall be based on the record and the memoranda submitted under the provisions of subsection A of this section.

F. The presiding administrative law judge may affirm, reverse, rescind, modify or supplement the award and make such disposition of the case as is determined to be appropriate. A decision on review shall be made within sixty days after the review has been requested, with preference being given to those cases not receiving compensation.

G. The decision on review shall become a part of the commission file and a copy thereof shall be served on the parties.

H. The decision on review shall be final unless within thirty days after the date of service of such decision to the parties, one of the parties applies to the court of appeals for a writ of certiorari pursuant to section 23-951. The decision shall contain a statement explaining the rights of the parties under this section and section 23-951.
A.R.S. § 23-324 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 324
23-324 Reconsideration of minimum wages in effect over a year
Status: in_force

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 motion, and shall, on petition of twenty or more residents of the state engaged in any particular occupation, reconsider the minimum fair wage rates set therein and reconvene the same wage board or appoint a new board to recommend whether or not the wage rate or rates contained in the order should be revised. The report of the wage board shall be dealt with in the manner prescribed in this article.
A.R.S. § 23-771.01 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 771.01
23-771.01 Approved training; definitions
Status: in_force

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 training approved by the secretary of labor under section 236 of the trade act of 1974, as amended, or because of leaving work which is not suitable employment to enter such training.

2. Because he is in training with the approval of the department, nor

3. Because of the application to any such week of such training of any provision of this chapter relating to availability for work, active search for work, or refusal to apply for or accept work.

B. No payment of benefits under this chapter made possible under this section shall be made to any individual for any week, or part of any week, with respect to which he is entitled to receive any training allowance under any public training or retraining program if such training allowance equals or exceeds the benefits to which the individual would otherwise be entitled. If the training allowance is less than the benefits to which the individual would otherwise be entitled, his benefits shall be computed in accordance with section 23-779, subsection C, treating the training allowance in the same manner as wages, and benefits shall be paid accordingly.

C. In this section, unless the context otherwise requires, "suitable employment" means, with respect to an individual, work which is of a substantially equal or higher skill level than the individual's past adversely affected employment and for which the wages equal or exceed eighty per cent of the individual's average weekly wage. "Adversely affected employment" and "average weekly wage" have the meanings prescribed by section 247 of the trade act of 1974, as amended.
A.R.S. § 23-734 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 734
23-734 Agreement by employee to pay employer contribution void
Status: in_force

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 payments in lieu of contributions required under this chapter from the employer shall be valid.
A.R.S. § 23-901.04 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 901.04
23-901.04 Compensation precluded by misconduct, self-exposure or disobedience of orders of commission; definition
Status: in_force

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 an occupational disease, as defined by section 23-901, paragraph 13, subdivision (c), when such disability was caused either wholly or partly by the wilful misconduct, wilful self-exposure or disobedience to such reasonable rules and regulations adopted by the employer and which have been and are kept posted in conspicuous places in and about the premises of the employer, or otherwise brought to the attention of the employee.

B. As used in this section the term "wilful self-exposure" includes:

1. Failure or omission on the part of an employee or applicant for employment truthfully to state in writing to the best of his knowledge in answer to an inquiry made by the employer, the place, duration and nature of previous employment.

2. Failure or omission on the part of an applicant for employment truthfully to state in writing to the best of his knowledge in answer to an inquiry made by the employer, whether or not he had previously been a person with a disability, laid off or compensated in damages or otherwise because of any physical disability.

3. Failure or omission on the part of an employee or applicant for employment truthfully to give in writing to the best of his knowledge in answer to an inquiry made by the employer, full information about the previous status of his health, previous medical and hospital attention and direct and continuous exposure to active pulmonary tuberculosis.
A.R.S. § 23-202 — Arizona Code / Title 23 / Chapter 2 / Article 1 / Section 202
23-202 Exaction of fee or gratuity as condition of employment prohibited; classification
Status: in_force

23-202. Exaction of fee or gratuity as condition of employment prohibited; classification

It is unlawful for a person charged or entrusted by another with the employment or continuance in employment of any workmen or laborers to demand or receive, either directly or indirectly, from a workman or laborer employed or continued in employment through his agency or under his direction or control, a fee, commission or gratuity of any kind as the price or condition of the employment of the workman or laborer, or as the price or condition of his continuance in such employment. Any person charged or entrusted with employment of laborers or workmen for his principal, or under whose direction or control the workmen and laborers are engaged in work and labor for the principal, who violates a provision of this section is guilty of a class 2 misdemeanor.
A.R.S. § 23-622 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 622
23-622 Wages
Status: in_force

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 in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the department.

B. Wages do not include:

1. For the purpose of sections 23-604, 23-726 and 23-728, that part of the remuneration, other than remuneration referred to in paragraphs 3 through 16 of this subsection, in excess of:

(a) $7,000 paid in 1983 or in a calendar year thereafter through December 31, 2022 to an individual by an employer or the employer's predecessor with respect to employment during the calendar year, unless that part of the excess remuneration is subject to a tax, under federal law, against which credit may be taken for contributions required to be paid into a state unemployment fund by employers subject to the federal law.

(b) $8,000 paid in the 2023 calendar year or in a calendar year thereafter to an individual by an employer or the employer's predecessor with respect to employment during the calendar year, unless that part of  the excess remuneration is subject to a tax, under federal law, against which credit may be taken for contributions required to be paid into a state unemployment fund by employers subject to the federal law.

2. For the purposes of paragraph 1 of this subsection, the remuneration paid to an individual by an employer with respect to employment in another state or states, on which contributions were required of and paid by such employer under an unemployment compensation law of such other state or states, shall be included as part of remuneration equal to the amounts prescribed in paragraph 1 of this subsection.

3. The amount of any payment, including monies paid by an employer for insurance or annuities or into a fund to provide payments for insurance or annuities, made to or on behalf of an employee or any of  the employee's dependents under a plan or system established by an employer that makes provision for the employer's employees generally, for the employer's employees generally and their dependents, for a class of the employer's employees or for a class of the employer's employees and their dependents, on account of any of the following:

(a) Sickness or accident disability, except that in the case of payments made to an employee or any of the employee's dependents, this subdivision excludes from wages only payments that are received under a workers' compensation law.

(b) Medical or hospitalization expenses in connection with sickness or accident disability.

(c) Death.

4. The payment by an employer, without deduction from the remuneration of the employee, of the tax imposed on an employee under section 3101 of the internal revenue code relating to federal insurance contributions with respect to remuneration paid to an employee for domestic service in a private home or for agricultural labor.

5. Any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, made by an employing unit to, or on behalf of, an employee after the expiration of six calendar months following the last calendar month in which the employee worked for such employing unit.

6. Any payment made to, or on behalf of, an employee or the employee's beneficiary:

(a) From or to a trust described in section 401(a) of the internal revenue code relating to qualified pension, profit sharing and stock bonus plans that is exempt from tax under section 501(a) of the internal revenue code at the time of the payment unless the payment is made to an employee of the trust as remuneration for services rendered as an employee and not as a beneficiary of the trust.

(b) Under or to an annuity plan that, at the time of such payment, is a plan described in section 403(a) of the internal revenue code relating to taxability of beneficiaries under qualified annuity plans.

(c) Under a simplified employee pension as defined in section 408(k)(1) of the internal revenue code other than contributions described in section 408(k)(6) of the internal revenue code relating to employee salary reduction arrangements.

(d) Under or to an annuity contract described in section 403(b) of the internal revenue code relating to taxation of beneficiaries under annuities purchased by certain tax exempt organizations, other than a payment for the purchase of the contract that is made by reason of a salary reduction agreement whether evidenced by a written instrument or otherwise.

(e) Under or to an exempt governmental deferred compensation plan as defined in section 3121(v)(3) of the internal revenue code.

(f) To supplement pension benefits under a plan or trust described in this paragraph to take into account some portion or all of the increase in the cost of living since retirement as determined by the United States secretary of labor, but only if the supplemental payments are under a plan that is treated as a welfare plan under section 3(2)(b)(ii) of the employee retirement income security act of 1974.

(g) Under a cafeteria plan within the meaning of section 125 of the internal revenue code if such payment would not be treated as wages without regard to such plan and it is reasonable to believe that, if section 125 of the internal revenue code applied for purposes of this section, section 125 of the internal revenue code would not treat any wages as constructively received.

7. Remuneration paid in any medium other than cash to an employee for service not in the course of the employing unit's trade or business.

8. Remuneration paid for agricultural labor performed in any medium other than cash.

9. Any tip, gratuity or service charge received by an employee except:

(a) Before January 1, 1986, if either of the following applies:

(i) It is specified and collected by the employing unit.

(ii) It is used by the employing unit in order to conform to the minimum wage requirements of federal or state law.

(b) From and after December 31, 1985, if it is reported by the employee in writing to the employer on or before the tenth day of the month following the month in which it was received.

10. Remuneration that the individual receives for drill, training or other national guard or reserve activity that occurs on not more than one weekend per month or in lieu of a weekend drill or the equivalent.

11. Remuneration paid to or on behalf of an employee if and to the extent that at the time of the payment of the remuneration it is reasonable to believe that a corresponding deduction is allowable under section 217 of the internal revenue code relating to moving expenses determined without regard to section 274(n) of the internal revenue code relating to the disallowance of certain meal and entertainment expenses.

12. Any contribution, payment or service provided by an employer that may be excluded from the gross income of any employee, the employee's spouse or the employee's dependents under the provisions of section 120 of the internal revenue code relating to amounts received under qualified group legal services plans.

13. Any payment made or benefit furnished to or for the benefit of an employee if at the time of the payment or furnishing it is reasonable to believe that the employee will be able to exclude the payment or benefit from income under section 127, relating to educational assistance, or section 129, relating to dependent care assistance, of the internal revenue code.

14. The value of any meals or lodging furnished by or on behalf of the employer if at the time of the furnishing it is reasonable to believe that the employee will be able to exclude these items from income under section 119 of the internal revenue code.

15. Any payment made by an employer to a survivor or the estate of a former employee after the calendar year in which the employee died.

16. Any benefit provided to or on behalf of an employee if at the time the benefit is provided it is reasonable to believe that the employee will be able to exclude the benefit from income under section 74(c) relating to employee achievement awards, section 117 relating to qualified scholarships or section 132 relating to certain fringe benefits of the internal revenue code.

C. Subsection B, paragraphs 3 through 16 of this section do not exclude from wages any of the following:

1. An employer contribution under a qualified cash or deferred arrangement as defined in section 401(k) of the internal revenue code to the extent the contribution is not included in gross income pursuant to section 402(a)(8) of the internal revenue code relating to cash or deferred arrangements.

2. An amount treated as an employer contribution under section 414(h)(2) of the internal revenue code, relating to tax treatment of contributions by government units, if the employer picks up the contribution pursuant to a written or unwritten salary reduction agreement.

3. An amount deferred under any plan or other arrangement for deferral of compensation other than a plan described in subsection B, paragraph 6 of this section. An amount considered as wages pursuant to this paragraph shall be taxed only once and after being taxed shall not be considered wages for the purposes of this chapter.

D. In applying subsection B of this section, any remuneration excluded from the definition of wages under 26 United States Code section 3306(b) shall not be wages.
A.R.S. § 23-613.01 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 613.01
23-613.01 Employee; definition; exempt employment
Status: in_force

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 the employing unit as to both the method of performing or executing the services and the result to be effected or accomplished. Indications of control by the employing unit include controlling the individual's hours of work, location of work, right to perform services for others, tools, equipment, materials, expenses and use of other workers and other indicia of employment, except employee does not include:

1. An individual who performs services as an independent contractor, business person, agent or consultant, or in a capacity characteristic of an independent profession, trade, skill or occupation.

2. An individual subject to the direction, rule or control or subject to the right of direction, rule or control of an employing unit solely because of a law regulating the organization, trade or business of the employing unit.

3. An individual or class of individuals that the federal government has decided not to and does not treat as an employee or employees for federal unemployment tax purposes, as established by the outcome of an audit or other affirmative treatment by the internal revenue service of any taxpayer whose tax returns include income from the independent contractor relationship.

4. An individual if the employing unit demonstrates the individual performs services in the same manner as a similarly situated class of individuals that the federal government has decided not to and does not treat as an employee or employees for federal unemployment tax purposes.

5. An individual to whom all of the following apply:

(a) Performs officiating services in recreational, interscholastic or intercollegiate sporting events or contests on a contest-by-contest basis.

(b) Has the ability to accept or reject assignments to officiate a sporting event or contest.

(c) Has the right to officiate contests for multiple organizations or entities.

(d) Is not otherwise employed by the sponsoring school, association of schools or the organization, this state, or a political subdivision of this state sponsoring the sporting event or contest.

6. A medical or health care professional who contracts with a medical practice group or hospital, whether directly or through an agent, and who is characterized by all of the following:

(a) Observes the practices commonly associated with operating as a medical or professional entity, such as a professional corporation, a limited liability company or a contractor, and uses the practices of those entities for compensation, billing for services and filing tax returns.

(b) Is not paid wages and does not have wage withholdings from the contracted medical practice group or hospital.

(c) Is not provided employee benefits by the contracted medical practice group or hospital.

7. A home care services provider that contracts with a person other than as an employee, whether directly or through an agent, to furnish nonmedical therapeutic and restorative health-related or life assistance services, except behavioral health services, such as general supervision, protective, preventative and personal care, activities and living skills training, meals, housekeeping, companionship and health monitoring at the location where the recipient resides.

B. For the purposes of subsection A, paragraph 5 of this section, "officiating services" means overseeing the play of a sporting event or contest, judging whether the rules are being followed and penalizing participants for infringing the rules.

C. Notwithstanding this section, an individual or class of individuals shall not be treated as an employee by the department for purposes of this chapter if, before the department's determination that the individual or class of individuals at issue is an employee:

1. The individual or class of individuals had been performing services for the employing unit.

2. The department had inspected work records of the employing unit for time periods that the individual or class of individuals had been performing these services.

3. The individual or class of individuals at issue was not included on the contribution and wage reports of the employing unit.

4. After its inspection the department concluded in writing provided to the employing unit that either:

(a) No change or changes in the inspected reports were necessary.

(b) The individual or class of individuals in question did not constitute an employee for purposes of this chapter.

5. At no time between the date of the written determination prescribed in paragraph 4 of this subsection, and the department's subsequent conclusion that the individual or class of individuals at issue constitutes an employee, did the department notify the employing unit in writing that the individual or class of individuals at issue now constitutes an employee for purposes of this chapter.

D. Subsection C of this section does not apply if either:

1. There has been a substantial and material change in the facts on which the writing required by subsection C, paragraph 4 of this section was based.

2. The conclusion reached by the department pursuant to subsection C, paragraph 4 of this section was the result of false statements, misrepresentation, fraud or intimidation on the part of the employing unit.

E. The following services are exempt employment under this chapter, unless there is evidence of direction, rule or control sufficient to satisfy the definition of an employee under subsection A of this section, which is distinct from any evidence of direction, rule or control related to or associated with establishing the nature or circumstances of the services considered pursuant to this subsection:

1. Services that are not a part or process of the organization, trade or business of an employing unit and that are performed by an individual who is not treated by the employing unit in a manner generally characteristic of the treatment of employees.

2. Services performed by an individual for an employing unit or its clients through isolated or occasional transactions, regardless of whether the services are a part or process of the organization, trade or business of the employing unit.

F. Notwithstanding this section, an individual or class of individuals determined to be an employee or employees for purposes of the federal unemployment tax act, as amended (26 United States Code sections 3301 through 3311), are employees under this chapter.

G. Notwithstanding any other provision of this chapter, this section applies to an employing unit to which the provisions of section 23-750 apply only to the extent not inconsistent with the requirements of 26 United States Code sections 3304 (a)(6) and 3309.

H. For the purposes of determining employee status, the department shall consider all of the employment-related facts and may not base a determination on the facts that:

1. The individual performs services as a sole proprietorship.

2. The individual has executed a restrictive covenant, trade secret agreement or other confidentiality agreement with the employing unit.

3. The services of the individual are subject to standards for quality, time or location required by a client or customer of the putative employing unit.
A.R.S. § 23-753 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 753
23-753 Surrender of property subject to levy; definition
Status: in_force

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 property subject to levy on which a levy has been made, on demand of the department, shall surrender the property or rights to property or discharge the obligation to the department, except any part of the property or rights to property that is, at the time of the demand, subject to an attachment or execution under any judicial process.

B. A levy on an organization with respect to a life insurance or endowment contract issued by the organization, without necessity for the surrender of the contract document, constitutes a demand by the department for payment of the amount described in this subsection and the exercise of the right of the debtor to the advance of this amount. The organization shall pay the amount within ninety days after service of the notice of the levy. The notice shall include a certification by the department that a copy of the notice has been mailed to the debtor at the last known address. The levy is deemed to be satisfied if the organization pays to the department the amount which the debtor could have had advanced to the debtor by the organization on the date prescribed in this subsection for the satisfaction of the levy, increased by the amount of any advance, including contractual interest, made to the debtor on or after the date the organization had actual notice or knowledge of the lien with respect to which the levy is made, other than an advance, including contractual interest, made automatically to maintain the contract in force under an agreement entered into before the organization has notice or knowledge. The satisfaction of a levy under this subsection is without prejudice to any civil action for the enforcement of any lien imposed by this chapter with respect to the contract.

C. A person who fails or refuses to surrender any property or rights to property subject to levy, on demand by the department, is liable to the department in an amount equal to the value of the property or rights to property not surrendered, but not exceeding the amount for which the levy has been made, with costs and interest on this amount at a rate determined pursuant to section 23-736 from the date of the levy or, in the case of a levy described in section 23-752, subsection D, from the date the person would otherwise have been obligated to pay the amounts to the debtor. Any amount, other than costs, recovered under this subsection shall be credited against the liability for which the levy was made.

D. A person in possession of or obligated with respect to property or rights to property subject to levy on which a levy has been made who, on demand by the department, surrenders the property or rights to property or discharges the obligation to the department, or who pays a liability under subsection C of this section, is discharged from any obligation or liability to the debtor with respect to the property or rights to property arising from the surrender or payment. In the case of a levy which is satisfied pursuant to subsection B of this section, the organization is also discharged from any obligation or liability to any beneficiary arising from the surrender or payment.

E. As used in this section "person" includes an officer or employee of a corporation, an officer, employee or elected official of this state or its political subdivisions, any agency or instrumentality of this state or a member or employee of a partnership, who as an officer, employee, elected official or member is under a duty to surrender the property or rights to property or to discharge an obligation pursuant to this section.
A.R.S. § 23-733.01 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 733.01
23-733.01 Assignments of rates; transfers of experience; violation; civil penalty; definitions
Status: in_force

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 time of the transfer there is substantially common ownership, management or control between the two employers, the unemployment experience that is attributable to the initial employer shall be transferred to the successor employer.  The rate of both employers shall be recalculated and made effective to the beginning of the calendar year that follows the date of the transfer of trade or business.

B. If a person is not an employer that is subject to this chapter when the employer acquires a trade or business of an employing unit, the unemployment experience of the acquired business shall not be transferred to the successor employer if the department determines that the successor employer acquired the trade or business for the purpose of obtaining a lower rate of contributions.  Instead, the department shall assign the standard contribution rate under section 23-729 to the successor employer.  When making a determination under this section, the department shall consider the cost of acquiring the business, whether the person continues the business enterprise of the acquired business, the length of time that the enterprise is continued and whether a substantial number of new employees were hired to perform duties that were unrelated to the business activity before the acquisition.

C. If an employer or a person knowingly violates or attempts to violate this section for the purpose of obtaining a lower rate of contribution or if a person knowingly advises an employer or a person on evading or defeating a contribution or its payment, the person or employer shall be subject to the following penalties:

1. If the person is an employer, the person shall be assigned the highest rate assignable under this chapter for the rate year in which the transfer or the attempted transfer occurred and for the following three rate years.  If the person's business is already at the highest rate for any year, or if the amount of increase in rate would be less than two per cent for any year, the contribution penalty rate of two per cent of taxable wages shall be imposed for any such year.

2. If the person is not an employer, the department shall assess against the person a civil penalty of five thousand dollars.  The department shall deposit penalties collected pursuant to this paragraph in the penalty and interest account pursuant to section 23-705.

3. Any person or employer in violation of this section may also be prosecuted pursuant to section 13-2310 or 13-2311. This does not preclude prosecution pursuant to section 23-786.

D. Notwithstanding any other law, this section applies to the assignments of rates and transfers of experience under this chapter.

E. This department shall apply this section in order to meet the minimum requirements of any guidance or regulation that is issued by the United States department of labor.

F. The department shall adopt rules to identify the transfer or acquisition of a business under this section.

G. For the purposes of this section:

1. "Knowingly" means having actual knowledge of or acting with deliberate ignorance or reckless disregard of a requirement.

2. "Person" means person as defined in section 7701(a)(1) of the internal revenue code.

3. "Trade or business" includes an employer's workforce.

4. "Violates or attempts to violate" includes an action to evade, conceal, misrepresent or engage in wilful nondisclosure.
A.R.S. § 23-1361 — Arizona Code / Title 23 / Chapter 8 / Article 4 / Section 1361
23-1361 Blacklist; definition; exceptions; privileged communications; immunity
Status: in_force

23-1361. Blacklist; definition; exceptions; privileged communications; immunity

A. "Blacklist" means any understanding or agreement whereby the names of any person or persons, list of names, descriptions or other means of identification shall be spoken, written, printed or implied for the purpose of being communicated or transmitted between two or more employers of labor, or their bosses, foremen, superintendents, managers, officers or other agents, whereby the laborer is prevented or prohibited from engaging in a useful occupation. Any understanding or agreement between employers, or their bosses, foremen, superintendents, managers, officers or other agents, whether written or verbal, comes within the meaning of this section and it makes no difference whether the employers, or their bosses, foremen, superintendents, managers, officers or other agents, act individually or for some company, corporation, syndicate, partnership or society and it makes no difference whether they are employed or acting as agents for the same or different companies, corporations, syndicates, partnerships or societies.

B. It is not unlawful for a former employer to provide to a requesting employer, or agents acting in the employer's behalf, information concerning a person's education, training, experience, qualifications and job performance to be used for the purpose of evaluating the person for employment. It is not unlawful for a school district to provide information received as a result of a fingerprint check required by section 15-512 to any other school district if requested to do so by the person who was the subject of the fingerprint check or communicate to any school district if requested to do so by the person who applied for a fingerprint clearance card whether the person has been issued or denied a fingerprint clearance card. A copy of any written communication regarding employment must be sent by the employer providing the information to the former employee's last known address.

C. An employer who in good faith provides information requested by a prospective employer about the reason for termination of a former employee or about the job performance, professional conduct or evaluation of a current or former employee is immune from civil liability for the disclosure or the consequences of providing the information. There is a presumption of good faith if either:

1. The employer employs less than one hundred employees and provides only the information authorized by this subsection.

2. The employer employs at least one hundred employees and has a regular practice in this state of providing information requested by a prospective employer about the reason for termination of a former employee or about the job performance, professional conduct or evaluation of a current or former employee.

D. The presumption of good faith under subsection C of this section is rebuttable by showing that the employer disclosed the information with actual malice or with intent to mislead. This subsection and subsection C of this section do not alter any privileges that exist under common law. For the purposes of this subsection, "actual malice" means knowledge that the information was false or was provided with reckless disregard of its truth or falsity.

E. Communications concerning employees or prospective employees that are made by an employer or prospective employer, or by a labor organization, to a government body or agency and that are required by law or that are furnished pursuant to written rules or policies of the government body or agency are privileged.

F. An employer, including this state and its agencies, a labor organization or an individual is not civilly liable for privileged communications made pursuant to subsection E of this section.

G. In response to a request by another bank, savings and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker it is not unlawful for a bank, a savings and loan association, a credit union, an escrow agent, a commercial mortgage banker, a mortgage banker or a mortgage broker to provide a written employment reference that advises of the applicant's involvement in any theft, embezzlement, misappropriation or other defalcation that has been reported to federal authorities pursuant to federal banking guidelines or reported to the department of insurance and financial institutions. In order for the immunity provided in subsection H of this section to apply, a copy of the written employment reference must be sent by the institution providing the reference to the last known address of the applicant in question.

H. A bank, savings and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker is not civilly liable for providing an employment reference unless the information provided is false and the bank, savings and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker providing the false information does so with knowledge and malice.

I. A court shall award court costs, attorney fees and other related expenses to any party that prevails in any civil proceeding in which a violation of this section is alleged.
A.R.S. § 23-374 — Arizona Code / Title 23 / Chapter 2 / Article 8.1 / Section 374
23-374 Exercise of rights protected; retaliation prohibited
Status: in_force

23-374. Exercise of rights protected; retaliation prohibited

(Caution:  1998 Prop. 105 applies)

A. It shall be unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this article.

B. An employer shall not engage in retaliation or discriminate against an employee or former employee because the person has exercised rights protected under this article.  Such rights include but are not limited to the right to request or use earned paid sick time pursuant to this article; the right to file a complaint with the commission or courts or inform any person about any employer's alleged violation of this article; the right to participate in an investigation, hearing or proceeding or cooperate with or assist the commission in its investigations of alleged violations of this article; and the right to inform any person of his or her potential rights under this article.

C. It shall be unlawful for an employer's absence control policy to count earned paid sick time taken under this article as an absence that may lead to or result in discipline, discharge, demotion, suspension, or any other adverse action.

D. Protections of this section shall apply to any person who mistakenly but in good faith alleges violations of this article.
A.R.S. § 23-605 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 605
23-605 Base period
Status: in_force

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, except that the base period of an individual whose new benefit year overlaps his last preceding benefit year shall consist of those four completed calendar quarters immediately following his previous base period.
A.R.S. § 23-625 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 625
23-625 Definition of levy
Status: in_force

23-625. Definition of levy

"Levy" includes the power of distraint and seizure by any means.
A.R.S. § 23-954 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 954
23-954 Payment of interest on awards
Status: in_force

23-954. Payment of interest on awards

Interest on the payment of benefits shall be paid at a rate of interest at the lesser of ten percent per annum or a rate per annum that is equal to one percent plus the prime rate as published by the board of governors of the federal reserve system in statistical release H.15 or any publication that may supersede it on the date benefits are paid.  Interest shall be paid only in the following instances:

1. On an award entered by the commission or by notice of claim status awarding permanent partial disability benefits pursuant to section 23-1044, subsection B or C or permanent total disability benefits pursuant to section 23-1045, subsection B or C, if benefits are not paid within ten days after the date the award or notice becomes final.

2. On a claim for dependent benefits, if the claim is denied and subsequently accepted or found compensable by award of the commission, from the date the claim for benefits was filed.
A.R.S. § 23-471 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 471
23-471 Definitions
Status: in_force

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. "Boiler" means a closed vessel in which water or other liquid is heated, steam or vapor is generated or steam or vapor is superheated, or any combination thereof, under pressure or vacuum for a use that is external to itself, by the direct application of heat from the combustion of fuels or from electricity.

3. "Certificate" means a certificate of competency.

4. "Certificate inspection" means an internal inspection, when construction permits, otherwise it means as complete an inspection as possible.

5. "Commission" means the industrial commission of Arizona.

6. "Director" means the director of the division of occupational safety and health.

7. "Division" means the division of occupational safety and health of the commission.

8. "Heating boilers" means a steam or vapor boiler operating at a pressure not exceeding fifteen pounds per square inch or a hot water boiler operating at a pressure not exceeding one hundred sixty pounds per square inch or a temperature not exceeding two hundred fifty degrees Fahrenheit.

9. "High temperature water boiler" means a water boiler intended for operation at pressures in excess of one hundred sixty pounds per square inch or temperatures in excess of two hundred fifty degrees Fahrenheit.

10. "Interested party" means the commission, agents of the commission and any owner or operator who has been issued a notice of violation.

11. "Lined hot water heater" means a fired lined water heater with linings providing corrosion resistance for supplying potable hot water for commercial purposes. Lined hot water heaters are exempted when none of the following limitations are exceeded:

(a) Heat input of two hundred thousand British thermal units per hour.

(b) Water temperature of two hundred ten degrees Fahrenheit.

(c) Nominal water-containing capacity of one hundred twenty gallons.

12. "Owner" or "operator" means any individual or type of organization, including this state and all political subdivisions of this state, that has title to or controls, or has the duty to control, the operation of one or more boilers, pressure vessels or lined hot water heaters.

13. "Power boiler" means a boiler in which steam or other vapor is generated at a pressure more than fifteen pounds per square inch.

14. "Pressure vessel" means a container for the containment of pressure, either internal or external.  The pressure may be obtained from an external source, or by the application of heat from a direct or indirect source, or any combination thereof.

15. "Process boiler" means a heating boiler or a power boiler used for processing purposes where the make-up water exceeds ten percent.
A.R.S. § 23-491.16 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.16
23-491.16 Private elevator inspector; qualifications; civil penalty; prohibited conduct; exemption from rule making
Status: in_force

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 by the commission, if the individual does all of the following:

1. Meets the qualifications and insurance requirements prescribed by the commission.

2. Is certified by an organization that is accredited by a national society of mechanical engineers in accordance with a national standard for safety of elevators, dumbwaiters, escalators and moving walks as determined by the commission.

3. Follows the inspection procedures established by the commission for private elevator inspectors.

B. A private elevator inspector shall register with the commission annually and provide proof of all of the following with the registration:

1. Completion of at least eight hours of continuing education approved by the commission.

2. That the certification prescribed in subsection A is in good standing.

3. That the private elevator inspector is maintaining the insurance prescribed by the commission.

C. The commission may suspend or revoke a private elevator inspector's authorization to perform inspections for any reason related to the performance of an inspection under this article or for any other good cause as determined by the commission.

D. The commission may impose a civil penalty of one thousand dollars on a private elevator inspector or an elevator company for each instance the inspector or company does any of the following:

1. Makes a false statement as to a material matter in an application for authorization under this article.

2. Commits fraud, misrepresentation or bribery in regard to conveyances or any inspection or action taken pursuant to this article.

3. Commits a violation of this article or the rules or inspection procedures adopted pursuant to this article.

E. A private elevator inspector shall not do any of the following:

1. Inspect a conveyance owned, operated or last serviced by any of the following:

(a) The private elevator inspector.

(b) A company owned by the private elevator inspector.

(c) A company for which the private elevator inspector is an employee at the time of the inspection.

(d) A company affiliated with a company owned by the private elevator inspector or for which the private elevator inspector is an employee at the time of the inspection.

2. Engage in the sale or service of anything related to elevators.

3. Conduct an inspection pursuant to this article unless the inspector has the current certification and commission authorization pursuant to subsection A.

F. This state is not liable for any act or omission of a private elevator inspector.  The commission is not obligated to pay any fee charged or other consideration sought by a private elevator inspector for an inspection pursuant to this article.  The fee or consideration is the sole obligation of the owner or operator that retained or contracted with the private elevator inspector.

G. The commission shall compile a list of private elevator inspectors that are currently authorized pursuant to subsection A.  An owner or an operator may hire a private elevator inspector.

H. An owner or operator is not relieved of the obligations under this article by the use of a private elevator inspector.

I. The commission is exempt from the rule making requirements of title 41, chapter 6, in the adoption of private elevator inspector qualifications and inspection procedures.

J. Civil penalties and interest assessed pursuant to this section act as a judgment in the same manner and with like effect as if they were a judgment of the superior court. The commission may recover reasonable attorney fees incurred in collecting any civil penalty assessed under this section.  All monies collected pursuant to this section shall be deposited in the administrative fund established by section 23-1081.
A.R.S. § 23-611 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 611
23-611 Definition
Status: in_force

23-611. Definition

"Commission" or "employment security commission" or "department" means the department of economic security.
A.R.S. § 23-901 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 901
23-901 Definitions
Status: in_force

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 as to the amount of compensation or benefit due an injured employee or the dependents of a deceased employee.

2. "Client" means an individual, association, company, firm, partnership, corporation or any other legally recognized entity that is subject to this chapter and that enters into a professional employer agreement with a professional employer organization.

3. "Co-employee" means every person employed by an injured employee's employer.

4. "Commission" means the industrial commission of Arizona.

5. "Compensation" means the compensation and benefits provided by this chapter.

6. "Employee", "workman", "worker" and "operative" means:

(a) Every person in the service of this state or a county, city, town, municipal corporation or school district, including regular members of lawfully constituted police and fire departments of cities and towns, whether by election, appointment or contract of hire.

(b) Every person in the service of any employer subject to this chapter, including aliens and minors legally or illegally allowed to work for hire, but not including a person whose employment is both:

(i) Casual.

(ii) Not in the usual course of the trade, business or occupation of the employer.

(c) Lessees of mining property and the lessees' employees and contractors engaged in the performance of work that is a part of the business conducted by the lessor and over which the lessor retains supervision or control are within the meaning of this paragraph employees of the lessor, and are deemed to be drawing wages as are usually paid employees for similar work. The lessor may deduct from the proceeds of ores mined by the lessees the premium required by this chapter to be paid for such employees.

(d) Regular members of volunteer fire departments organized pursuant to title 48, chapter 5, article 1, regular firefighters of any volunteer fire department, including private fire protection service organizations, organized pursuant to title 10, chapters 24 through 40, volunteer firefighters serving as members of a fire department of any incorporated city or town or an unincorporated area without pay or without full pay and on a part-time basis, and voluntary policemen and volunteer firefighters serving in any incorporated city, town or unincorporated area without pay or without full pay and on a part-time basis, are deemed to be employees, but for the purposes of this chapter, the basis for computing wages for premium payments and compensation benefits for regular members of volunteer fire departments organized pursuant to title 48, chapter 5, article 1, or organized pursuant to title 10, chapters 24 through 40, regular members of any private fire protection service organization, volunteer firefighters and volunteer policemen of these departments or organizations shall be the salary equal to the beginning salary of the same rank or grade in the full-time service with the city, town, volunteer fire department or private fire protection service organization, provided if there is no full-time equivalent then the salary equivalent shall be as determined by resolution of the governing body of the city, town or volunteer fire department or corporation.

(e) Members of the department of public safety reserve, organized pursuant to section 41-1715, are deemed to be employees.  For the purposes of this chapter, the basis for computing wages for premium payments and compensation benefits for a member of the department of public safety reserve who is a peace officer shall be the salary received by officers of the department of public safety for the officers' first month of regular duty as an officer. For members of the department of public safety reserve who are not peace officers, the basis for computing premiums and compensation benefits is $400 a month.

(f) Any person placed in on-the-job evaluation or in on-the-job training under the department of economic security's temporary assistance for needy families program or vocational rehabilitation program shall be deemed to be an employee of the department for the purpose of coverage under the state workers' compensation laws only. The basis for computing premium payments and compensation benefits shall be $200 per month.  Any person receiving vocational rehabilitation services under the department of economic security's vocational rehabilitation program whose major evaluation or training activity is academic, whether as an enrolled attending student or by correspondence, or who is confined to a hospital or penal institution, shall not be deemed to be an employee of the department for any purpose.

(g) Regular members of a volunteer sheriff's reserve, which may be established by resolution of the county board of supervisors, to assist the sheriff in the performance of the sheriff's official duties.  A roster of the current members shall monthly be certified to the clerk of the board of supervisors by the sheriff and shall not exceed the maximum number authorized by the board of supervisors. Certified members of an authorized volunteer sheriff's reserve shall be deemed to be employees of the county for the purpose of coverage under the Arizona workers' compensation laws and occupational disease disability laws and shall be entitled to receive the benefits of these laws for any compensable injuries or disabling conditions that arise out of and occur in the course of the performance of duties authorized and directed by the sheriff.  Compensation benefits and premium payments shall be based on the salary received by a regular full-time deputy sheriff of the county involved for the first month of regular patrol duty as an officer for each certified member of a volunteer sheriff's reserve. This subdivision does not provide compensation coverage for any member of a sheriff's posse who is not a certified member of an authorized volunteer sheriff's reserve except as a participant in a search and rescue mission or a search and rescue training mission.

(h) A working member of a partnership may be deemed to be an employee entitled to the benefits provided by this chapter on written acceptance, by endorsement, at the discretion of the insurance carrier for the partnership of an application for coverage by the working partner.  The basis for computing premium payments and compensation benefits for the working partner shall be an assumed average monthly wage of not less than $600 or more than the maximum wage provided in section 23-1041 and is subject to the discretionary approval of the insurance carrier. Any compensation for permanent partial or permanent total disability payable to the partner is computed on the lesser of the assumed monthly wage agreed to by the insurance carrier on the acceptance of the application for coverage or the actual average monthly wage received by the partner at the time of injury.

(i) The sole proprietor of a business subject to this chapter may be deemed to be an employee entitled to the benefits provided by this chapter on written acceptance, by endorsement, at the discretion of the insurance carrier of an application for coverage by the sole proprietor.  The basis for computing premium payments and compensation benefits for the sole proprietor is an assumed average monthly wage of not less than $600 or more than the maximum wage provided by section 23-1041 and is subject to the discretionary approval of the insurance carrier. Any compensation for permanent partial or permanent total disability payable to the sole proprietor shall be computed on the lesser of the assumed monthly wage agreed to by the insurance carrier on the acceptance of the application for coverage or the actual average monthly wage received by the sole proprietor at the time of injury.

(j) A member of the Arizona national guard, Arizona state guard or unorganized militia shall be deemed a state employee and entitled to coverage under the Arizona workers' compensation law at all times while the member is receiving the payment of the member's military salary from this state under competent military orders or on order of the governor. Compensation benefits shall be based on the monthly military pay rate to which the member is entitled at the time of injury, but not less than a salary of $400 per month or more than the maximum provided by the workers' compensation law. Arizona compensation benefits shall not inure to a member compensable under federal law.

(k) Certified ambulance drivers and attendants who serve without pay or without full pay on a part-time basis are deemed to be employees and entitled to the benefits provided by this chapter and the basis for computing wages for premium payments and compensation benefits for certified ambulance personnel shall be $400 per month.

(l) Volunteer workers of a licensed health care institution may be deemed to be employees and entitled to the benefits provided by this chapter on written acceptance by the insurance carrier of an application by the health care institution for coverage of such volunteers. The basis for computing wages for premium payments and compensation benefits for volunteers shall be $400 per month.

(m) Personnel who participate in a search or rescue operation or a search or rescue training operation that carries a mission identifier assigned by the division of emergency management as provided in section 35-192.01 and who serve without compensation as volunteer state employees.  The basis for computation of wages for premium purposes and compensation benefits is the total volunteer man-hours recorded by the division of emergency management in a given quarter multiplied by the amount determined by the appropriate risk management formula.

(n) Personnel who participate in emergency management training, exercises or drills that are duly enrolled or registered with the division of emergency management or any political subdivision as provided in section 26-314, subsection C and who serve without compensation as volunteer state employees. The basis for computation of wages for premium purposes and compensation benefits is the total volunteer man-hours recorded by the division of emergency management or political subdivision during a given training session, exercise or drill multiplied by the amount determined by the appropriate risk management formula.

(o) Regular members of the Arizona game and fish department reserve, organized pursuant to section 17-214.  The basis for computing wages for premium payments and compensation benefits for a member of the reserve is the salary received by game rangers and wildlife managers of the Arizona game and fish department for the game rangers' and wildlife managers' first month of regular duty.

(p) Every person employed pursuant to a professional employer agreement.

(q) A working member of a limited liability company who owns less than fifty percent of the membership interest in the limited liability company.

(r) A working member of a limited liability company who owns fifty percent or more of the membership interest in the limited liability company may be deemed to be an employee entitled to the benefits provided by this chapter on the written acceptance, by endorsement, of an application for coverage by the working member at the discretion of the insurance carrier for the limited liability company. The basis for computing wages for premium payments and compensation benefits for the working member is an assumed average monthly wage of $600 or more but not more than the maximum wage provided in section 23-1041 and is subject to the discretionary approval of the insurance carrier. Any compensation for permanent partial or permanent total disability payable to the working member is computed on the lesser of the assumed monthly wage agreed to by the insurance carrier on the acceptance of the application for coverage or the actual average monthly wage received by the working member at the time of injury.

(s) A working shareholder of a corporation who owns less than fifty percent of the beneficial interest in the corporation.

(t) A working shareholder of a corporation who owns fifty percent or more of the beneficial interest in the corporation may be deemed to be an employee entitled to the benefits provided by this chapter on the written acceptance, by endorsement, of an application for coverage by the working shareholder at the discretion of the insurance carrier for the corporation. The basis for computing wages for premium payments and compensation benefits for the working shareholder is an assumed average monthly wage of $600 or more but not more than the maximum wage provided in section 23-1041 and is subject to the discretionary approval of the insurance carrier. Any compensation for permanent partial or permanent total disability payable to the working shareholder is computed on the lesser of the assumed monthly wage agreed to by the insurance carrier on the acceptance of the application for coverage or the actual average monthly wage received by the working shareholder at the time of injury.

7. "General order" means an order applied generally throughout this state to all persons under jurisdiction of the commission.

8. "Heart-related or perivascular injury, illness or death" means myocardial infarction, coronary thrombosis or any other similar sudden, violent or acute process involving the heart or perivascular system, or any death resulting therefrom, and any weakness, disease or other condition of the heart or perivascular system, or any death resulting therefrom.

9. "Insurance carrier" means every insurance carrier duly authorized by the director of the department of insurance and financial institutions to write workers' compensation or occupational disease compensation insurance in this state.

10. "Interested party" means the employer, the employee, or if the employee is deceased, the employee's estate, the surviving spouse or dependents, the commission, the insurance carrier, the third-party administrator or an authorized representative.

11. "Mental injury, illness or condition" means any mental, emotional, psychotic or neurotic injury, illness or condition.

12. "Order" means and includes any rule, direction, requirement, standard, determination or decision other than an award or a directive by the commission or an administrative law judge relative to any entitlement to compensation benefits, or to the amount of compensation benefits, and any procedural ruling relative to the processing or adjudicating of a compensation matter.

13. "Personal injury by accident arising out of and in the course of employment" means any of the following:

(a) Personal injury by accident arising out of and in the course of employment.

(b) An injury caused by the wilful act of a third person directed against an employee because of the employee's employment, but does not include a disease unless resulting from the injury.

(c) An occupational disease that is due to causes and conditions characteristic of and peculiar to a particular trade, occupation, process or employment, and not the ordinary diseases to which the general public is exposed, and subject to section 23-901.01 or 23-901.09 or, for heart-related, perivascular or pulmonary cases, section 23-1105.

14. "Professional employer agreement" means a written contract between a client and a professional employer organization:

(a) In which the professional employer organization expressly agrees to co-employ all or a majority of the employees providing services for the client. In determining whether the professional employer organization employs all or a majority of the employees of a client, any person employed pursuant to the terms of the professional employer agreement after the initial placement of client employees on the payroll of the professional employer organization shall be included.

(b) That is intended to be ongoing rather than temporary in nature.

(c) In which employer responsibilities for worksite employees, including hiring, firing and disciplining, are expressly allocated between the professional employer organization and the client in the agreement.

15. "Professional employer organization" means any person engaged in the business of providing professional employer services. Professional employer organization does not include a temporary help firm or an employment agency.

16. "Professional employer services" means the service of entering into co-employment relationships under this chapter to which all or a majority of the employees providing services to a client or to a division or work unit of a client are covered employees.

17. "Serve" or "service" means either:

(a) Mailing to the last known address of the receiving party.

(b) Transmitting by electronic transmission in a manner reasonably calculated to achieve effective notice unless the receiving party opts out by providing written notice to the other party.

18. "Special order" means an order other than a general order.

19. "Weakness, disease or other condition of the heart or perivascular system" means arteriosclerotic heart disease, cerebral vascular disease, peripheral vascular disease, cardiovascular disease, angina pectoris, congestive heart trouble, coronary insufficiency, ischemia and all other similar weaknesses, diseases and conditions, and also previous episodes or instances of myocardial infarction, coronary thrombosis or any similar sudden, violent or acute process involving the heart or perivascular system.

20. "Workers' compensation" means workmen's compensation as used in article XVIII, section 8, Constitution of Arizona.
A.R.S. § 23-796 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 796
23-796 Services for a charter school; benefits
Status: in_force

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 individual for any week of unemployment that begins during a period between two successive academic years or terms if the individual performs these services in the first of the successive academic years or terms and there is a reasonable assurance that the individual will perform the same services in the second of the academic years or terms, except that if benefits are denied to any individual under this subsection and that individual was not offered an opportunity to perform these services for the employer for the second successive academic year or term, the individual is entitled to a retroactive payment of benefits for each week the individual filed a timely claim for benefits and the benefits were denied solely by reason of this subsection.

B. Benefits based on service for a charter school, as described in section 15-181, shall not be paid to an individual for any week of unemployment that begins during an established and customary vacation period or holiday recess if the individual performs these services in the period immediately before the vacation period or holiday recess and if there is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.
A.R.S. § 23-948 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 948
23-948 Jurisdiction of actions concerning orders or petitions for writ of mandamus; right of appeal
Status: in_force

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, vacate, set aside, reverse, revise, correct, amend or annul any order of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain or interfere with the commission in the performance of its duties, but a writ of mandamus may issue from the supreme court to the commission in proper cases, and an appeal may be taken from the superior court to the supreme court in all cases.
A.R.S. § 23-789.01 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 789.01
23-789.01 Recovery of uncollected overissuance of food stamp coupons; definitions
Status: in_force

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 owes an uncollected overissuance of food stamp coupons and shall notify the state food stamp agency enforcing the obligation of any individual who discloses that the individual owes an uncollected overissuance of food stamp coupons and who is determined to be eligible for unemployment compensation.

B. The department may deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance of food stamp coupons either:

1. The amount specified by the individual to the department to be deducted and withheld under this section.

2. The amount, if any, determined pursuant to an agreement submitted to the state food stamp agency under section 13(c)(3)(A) of the food stamp act of 1977.

3. Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to section 13(c)(3)(B) of the food stamp act of 1977.

C. Any amount deducted and withheld under this section shall be paid by the department to the appropriate state food stamp agency.

D. Any amount deducted and withheld under subsection B shall be treated for all purposes as if it were paid to the individual as unemployment compensation and paid by that individual to the state food stamp agency as repayment of the individual's uncollected overissuance.

E. This section applies only if arrangements have been made for reimbursement by the state food stamp agency for the administrative costs that are incurred by the department under this section and that are attributable to the repayment of uncollected overissuances to the state food stamp agency.

F. For purposes of this section:

1. "Uncollected overissuance of food stamp coupons" has the same meaning prescribed in section 13(c)(1) of the food stamp act of 1977.

2. "Unemployment compensation" means any compensation payable under this chapter including amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.
A.R.S. § 23-947 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 947
23-947 Time within which hearing must be requested; definition
Status: in_force

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 within the time and in the manner prescribed by section 23-1061 and the request for a hearing is filed within ninety days after the notice sent under section 23-1061, subsection F or within ninety days of notice of a determination by the commission, insurance carrier or self-insuring employer under section 23-1047 or 23-1061, except that an employer who is subject to and fails to comply with section 23-961 or 23-962 must file a request for a hearing within thirty days of notice of a determination by the commission, or within ten days of all other awards issued by the commission.

B. As used in this section, "filed" means that the request for a hearing is in the possession of the commission. Failure to file with the commission within the required time by a party means that the determination by the commission, insurance carrier or self-insuring employer is final and res judicata to all parties.  The industrial commission or any court shall not excuse a late filing unless any of the following applies:

1. The person to whom the notice is sent does not request a hearing because of justifiable reliance on a representation by the commission, employer or carrier.  In this paragraph, "justifiable reliance" means that the person to whom the notice is sent has made reasonably diligent efforts to verify the representation, regardless of whether the representation is made pursuant to statutory or other legal authority.

2. At the time the notice is sent the person to whom it is sent is suffering from insanity or legal incompetence or incapacity, including minority.

3. The person to whom the notice is sent shows by clear and convincing evidence that the notice was not received.

C. The late filing shall not be excused under subsection B of this section if the person to whom the notice is sent or the person's legal counsel knew or, with the exercise of reasonable care and diligence, should have known of the fact of the notice at any time during the filing period.
A.R.S. § 23-901.07 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 901.07
23-901.07 Persons with disabilities in vocational training; definition
Status: in_force

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 nonprofit organization for the purposes of this chapter if the nonprofit organization elects to have the qualified client treated as an employee.

B. For the purposes of this section, "qualified client" means a person with a disability who is enrolled in a vocational training program with a nonprofit organization, who works as part of this program for the nonprofit organization or for another person under a contract with the nonprofit corporation and who receives compensation for the work from the nonprofit organization.
A.R.S. § 23-1045 — Arizona Code / Title 23 / Chapter 6 / Article 8 / Section 1045
23-1045 Compensation for total disability; permanent total disability defined
Status: in_force

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 percent of the average monthly wage shall be paid during the period of disability.

2. If there are persons dependent for support on the employee, compensation shall be paid as provided in this section, with an additional allowance of $100 per month for such dependents during the period of disability. The additional allowance shall not be based on a per capita number of dependents but shall reflect a total monthly benefit increase of exactly $100.

B. For permanent total disability, compensation of sixty-six and two-thirds percent of the average monthly wage shall be paid during the life of the injured person.

C. In the absence of proof to the contrary, disability shall be deemed total and permanent if caused by:

1. The total and permanent loss of sight of both eyes.

2. The loss by separation of both feet.

3. The loss by separation of both hands.

4. An injury to the spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm.

5. An injury to the skull resulting in incurable imbecility or insanity.

6. The loss by separation of one hand and one foot.

D. The enumeration in this section is not exclusive, and in all other cases permanent total disability shall be determined in accordance with the facts and in accordance with section 23-1047.
A.R.S. § 23-785 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 785
23-785 False statement, misrepresentation or nondisclosure of material fact to obtain benefits; classification
Status: in_force

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 in order to obtain or increase a benefit or other payment under this chapter either for himself or for another person, or under an employment security law of another state, the federal government or a foreign government, is guilty of a class 6 felony. Each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.
A.R.S. § 23-213 — Arizona Code / Title 23 / Chapter 2 / Article 2 / Section 213
23-213 Employer actions; federal or state law compliance
Status: in_force

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 or state law.
A.R.S. § 23-784 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 784
23-784 Agreement for waiver of rights void
Status: in_force

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, except an agreement to satisfy child support obligations which is being enforced by the department pursuant to a plan under the child support enforcement act, as amended, which has been approved by the secretary of health and human services under part D of title IV of the social security act, as amended, or an agreement between the individual and the department specifying an amount to be withheld as repayment towards an uncollected overissuance of food stamp coupons.
A.R.S. § 23-1341 — Arizona Code / Title 23 / Chapter 8 / Article 3 / Section 1341
23-1341 Invalidity of employment agreement not to join, become or remain member of labor or employers' organization
Status: in_force

23-1341. Invalidity of employment agreement not to join, become or remain member of labor or employers' organization

Every undertaking or promise made, whether written or oral, express or implied, is contrary to public policy and void and shall not afford any reason for granting legal or equitable relief, when constituted or contained in a contract or agreement of hiring or employment between an employer and an employee or prospective employee, whereby:

1. Either party to the contract or agreement undertakes or promises not to join, become or remain a member of any labor organization or of any organization of employers.

2. Either party to the contract or agreement undertakes or promises that he will withdraw from the employment relation in the event he joins, becomes or remains a member of a labor organization or of an organization of employers.
A.R.S. § 23-474 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 474
23-474 Duties of commission
Status: in_force

23-474. Duties of commission

The commission shall:

1. Administer this article through the division of occupational safety and health.

2. Adopt standards and regulations pursuant to section 23-475 and adopt other rules as are necessary.

3. Exercise other powers as are necessary to carry out the duties and requirements of this article.
A.R.S. § 23-329 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 329
23-329 Violations; classification
Status: in_force

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 an employee, because the employee has served, or is about to serve, on a wage board, or has testified, or is about to testify before a wage board, or in any other investigation or proceeding under or related to this article, or because the employer believes that the employee may serve on a wage board, or may testify before a wage board or in an investigation or proceeding under this article, or who deducts any part of any wages or compensation, other than as prescribed by law, when due a minor, is guilty of a petty offense.

B. An employer or his agent, or the officer or agent of a corporation, who knowingly pays or agrees to pay to a minor employee less than the wage rates applicable to the minor under a mandatory minimum fair wage order is guilty of a class 3 misdemeanor.

C. An employer or his agent, or the officer or agent of a corporation, who fails to keep the records required by this article or to furnish the records to the commission or an authorized representative of the commission upon request is guilty of a petty offense.
A.R.S. § 23-1328 — Arizona Code / Title 23 / Chapter 8 / Article 2 / Section 1328
23-1328 Trespassory assembly
Status: in_force

23-1328. Trespassory assembly

A labor organization or individual or group that acts on behalf of employees shall not engage in trespassory assembly.
A.R.S. § 23-373 — Arizona Code / Title 23 / Chapter 2 / Article 8.1 / Section 373
23-373 Use of earned paid sick time
Status: in_force

23-373. Use of earned paid sick time

(Caution:  1998 Prop. 105 applies)

A. Earned paid sick time shall be provided to an employee by an employer for:

1. An employee's mental or physical illness, injury or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; an employee's need for preventive medical care;

2. Care of a family member with a mental or physical illness, injury or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; care of a family member who needs preventive medical care;

3. Closure of the employee's place of business by order of a public official due to a public health emergency or an employee's need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee's or family member's presence in the community may jeopardize the health of others because of his or her exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease; or

4. Notwithstanding section 13-4439, Arizona Revised Statutes, absence necessary due to domestic violence, sexual violence, abuse or stalking, provided the leave is to allow the employee to obtain for the employee or the employee's family member:

(a) Medical attention needed to recover from physical or psychological injury or disability caused by domestic violence, sexual violence, abuse or stalking;

(b) Services from a domestic violence or sexual violence program or victim services organization;

(c) Psychological or other counseling;

(d) Relocation or taking steps to secure an existing home due to the domestic violence, sexual violence, abuse or stalking; or

(e) Legal services, including but not limited to preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence, sexual violence, abuse or stalking.

B. Earned paid sick time shall be provided upon the request of an employee.  Such request may be made orally, in writing, by electronic means or by any other means acceptable to the employer.  When possible, the request shall include the expected duration of the absence.

C. When the use of earned paid sick time is foreseeable, the employee shall make a good faith effort to provide notice of the need for such time to the employer in advance of the use of the earned paid sick time and shall make a reasonable effort to schedule the use of earned paid sick time in a manner that does not unduly disrupt the operations of the employer.

D. An employer that requires notice of the need to use earned paid sick time where the need is not foreseeable shall provide a written policy that contains procedures for the employee to provide notice.  An employer that has not provided to the employee a copy of its written policy for providing such notice shall not deny earned paid sick time to the employee based on non-compliance with such a policy.

E. An employer may not require, as a condition of an employee's taking earned paid sick time, that the employee search for or find a replacement worker to cover the hours during which the employee is using earned paid sick time.

F. Earned paid sick time may be used in the smaller of hourly increments or the smallest increment that the employer's payroll system uses to account for absences or use of other time.

G. For earned paid sick time of three or more consecutive work days, an employer may require reasonable documentation that the earned paid sick time has been used for a purpose covered by subsection A. Documentation signed by a heath care professional indicating that earned paid sick time is necessary shall be considered reasonable documentation for purposes of this section.  In cases of domestic violence, sexual violence, abuse or stalking, one of the following types of documentation selected by the employee shall be considered reasonable documentation:

1. A police report indicating that the employee or the employee's family member was a victim of domestic violence, sexual violence, abuse or stalking;

2. A protective order; injunction against harassment; a general court order; or other evidence from a court or prosecuting attorney that the employee or employee's family member appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual violence, abuse, or stalking;

3. A signed statement from a domestic violence or sexual violence program or victim services organization affirming that the employee or employee's family member is receiving services related to domestic violence, sexual violence, abuse, or stalking;

4. A signed statement from a witness advocate affirming that the employee or employee's family member is receiving services from a victim services organization;

5. A signed statement from an attorney, member of the clergy, or a medical or other professional affirming that the employee or employee's family member is a victim of domestic violence, sexual violence, abuse, or stalking; or

6. An employee's written statement affirming that the employee or the employee's family member is a victim of domestic violence, sexual violence, abuse, or stalking, and that the leave was taken for one of the purposes of subsection A, paragraph 4 of this section.  The employee's written statement, by itself, is reasonable documentation for absences under this paragraph.  The written statement does not need to be in an affidavit format or notarized, but shall be legible if handwritten and shall reasonably make clear the employee's identity, and if applicable, the employee's relationship to the family member.

H. The provision of documentation under subsection G does not waive or diminish any confidential or privileged communications between a victim of domestic violence, sexual violence, abuse, or stalking with one or more of the individuals named in subsection G.

I. An employer may not require that documentation under subsection G explain the nature of the health condition or the details of the domestic violence, sexual violence, abuse or stalking.
A.R.S. § 23-316 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 316
23-316 Establishment of minimum fair wage; procedure; criteria
Status: in_force

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 bound by any technical rules of evidence or procedure, shall:

1. Take into account all relevant circumstances affecting the value of the service or class of service rendered.

2. Be guided by like considerations as would guide a court in an action for the reasonable value of services rendered where services are rendered at the request of an employer without contract as to the amount of the wage to be paid.

3. Consider the wages paid in the state for work of like or comparable character by employers who voluntarily maintain minimum fair wage standards.

4. Consider the minimum cost of living.
A.R.S. § 23-945 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 945
23-945 Petition for hearing on validity of order; procedure; substitution of order
Status: in_force

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 and lawfulness of such order by a verified petition filed with the commission. The petition shall set forth specifically and in detail the order upon which a hearing is desired, the reasons why the order is unreasonable or unlawful and the issue to be considered by the commission on the hearing. Objections other than those set forth in the petition are deemed finally waived.

B. Upon receipt of the petition, if the issue raised in the petition has theretofore been adequately considered, the commission shall confirm, without hearing, its previous determination. If a hearing is necessary to determine the issue raised, the commission shall order a hearing thereon at such time as it prescribes. Notice of the time and place of hearing shall be given the petitioner and such other persons as the commission finds directly interested in the decision.

C. Upon the hearing, if it is found that the order complained of is unlawful or unreasonable, the commission shall substitute therefor a reasonable and lawful order, and may grant further time reasonably necessary for compliance with its order.
A.R.S. § 23-737.01 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 737.01
23-737.01 Collection of amounts due by certificate for judgment
Status: in_force

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 of pursuing civil action authorized in section 23-737, obtain judgment against the employer as prescribed by this section.

B. No earlier than fifteen days after the date on which contributions or payments in lieu of contributions are due, the department shall issue a determination stating the amounts of contributions, payments in lieu of contributions, penalties and interest due. Unless the employer files a written petition for hearing within fifteen days after the determination is served personally or sent by certified mail to the last known address of the employer, the determination becomes final. The determination shall state that a certificate for judgment will be filed unless, within the fifteen days, the employer files with the department a written petition for hearing stating the reasons why the amount of the indebtedness is considered to be incorrect.

C. If a timely petition for hearing is filed as prescribed in subsection B of this section, the employer shall be afforded an opportunity for hearing on the issue of the amount of indebtedness and thereafter furnished with a decision. The hearing shall be conducted by the department and a decision issued by the hearing officer. The decision becomes final unless within the time and in the manner provided in title 12, chapter 7, article 6 a petition for judicial review and a bond approved by the court in the amount of the total indebtedness as determined by the decision is filed with the superior court by the employer.

D. Notwithstanding section 22-201 with regard to jurisdiction, after a decision under this section and any decision on the issue of liability arising under section 23-724 affecting the amounts due have become final, the department may file with the clerk of the superior court in any county a certificate for judgment, without regard to the amount involved. The certificate shall:

1. Specify the amounts due and unpaid under the provisions of this chapter and the name and last known address of the employer liable for the indebtedness.

2. Include a statement attesting to the fact that a decision meeting all the requirements of this section has been issued and become final in that either:

(a) A petition for hearing was not received or was filed untimely and the determination became the final decision.

(b) A hearing was held after receipt of a timely petition and a decision was properly served and became final.

E. Immediately upon the filing of a certificate for judgment, a judge or commissioner of the superior court shall enter judgment for the department against the employer in the amount specified in the certificate. The department shall notify the employer that judgment has been entered.

F. A judgment entered pursuant to this section has the effect of any other judgment, and execution shall issue in the same manner as upon other judgments.

G. The provisions of this section may not be applied against a successor employer under section 23-733.
A.R.S. § 23-428 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 428
23-428 State legal representation
Status: in_force

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 his authorized representative in any civil litigation brought under this article.

B. In any criminal proceeding initiated under this article, the office of the chief counsel of the industrial commission of Arizona may appear for, represent and prosecute in the name of the state of Arizona.
A.R.S. § 23-927 — Arizona Code / Title 23 / Chapter 6 / Article 2 / Section 927
23-927 Power to enter places of employment
Status: in_force

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 or order of the commission and the failure of such employer to comply therewith. No employer shall refuse to admit a commissioner to his place of employment.
A.R.S. § 23-358 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 358
23-358 Review of department determination
Status: in_force

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 department's determination finds that there is a dispute which cannot be resolved by investigation, the employee may attempt to recover the amount of wages claimed to be due by instituting a civil action pursuant to section 23-355.
A.R.S. § 23-1394 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1394
23-1394 Scope of article
Status: in_force

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 the jurisdictional guidelines established by the national labor relations board.
A.R.S. § 23-372 — Arizona Code / Title 23 / Chapter 2 / Article 8.1 / Section 372
23-372 Accrual of earned paid sick time
Status: in_force

23-372. Accrual of earned paid sick time

(Caution:  1998 Prop. 105 applies)

A. Employees of an employer with 15 or more employees shall accrue a minimum of one hour of earned paid sick time for every 30 hours worked, but employees shall not be entitled to accrue or use more than 40 hours of earned paid sick time per year, unless the employer selects a higher limit.

B. Employees of an employer with fewer than 15 employees shall accrue a minimum of one hour of earned paid sick time for every 30 hours worked, but employees shall not be entitled to accrue or use more than 24 hours of earned paid sick time per year, unless the employer selects a higher limit.

C. In determining the number of employees performing work for an employer for compensation during a given week, all employees performing work for compensation on a full-time, part-time or temporary basis shall be counted.  In situations in which the number of employees who work for an employer for compensation per week fluctuates above and below 15 employees per week over the course of the year, an employer is required to provide earned paid sick time pursuant to subsection A of this section if it maintained 15 or more employees on the payroll for some portion of a day in each of 20 different calendar weeks, whether or not the weeks were consecutive, in either the current or the preceding year (irrespective of whether the same individuals were in employment in each day).

D. All employees shall accrue earned paid sick time as follows:

1. Earned paid sick time as provided in this section shall begin to accrue at the commencement of employment or on July 1, 2017, whichever is later.  An employer may provide all earned paid sick time that an employee is expected to accrue in a year at the beginning of the year.

2. An employee may use earned paid sick time as it is accrued, except that an employer may require an employee hired after July 1, 2017, to wait until the ninetieth calendar day after commencing employment before using accrued earned paid sick time, unless otherwise permitted by the employer.

3. Employees who are exempt from overtime requirements under the Fair Labor Standards Act of 1938 (29 United States Code section 213(A)(1)) will be assumed to work 40 hours in each work week for purposes of earned paid sick time accrual unless their normal work week is less than 40 hours, in which case earned paid sick time accrues based upon that normal work week.

4. Earned paid sick time shall be carried over to the following year, subject to the limitations on usage in subsections A and B.  Alternatively, in lieu of carryover of unused earned paid sick time from one year to the next, an employer may pay an employee for unused earned paid sick time at the end of a year and provide the employee with an amount of earned paid sick time that meets or exceeds the requirements of this article that is available for the employee's immediate use at the beginning of the subsequent year.

5. If an employee is transferred to a separate division, entity or location, but remains employed by the same employer, the employee is entitled to all earned paid sick time accrued at the prior division, entity or location and is entitled to use all earned paid sick time as provided in this section.  When there is a separation from employment and the employee is rehired within nine months of separation by the same employer, previously accrued earned paid sick time that had not been used shall be reinstated.  Further, the employee shall be entitled to use accrued earned paid sick time and accrue additional earned paid sick time at the re-commencement of employment.

6. When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all earned paid sick time they accrued when employed by the original employer, and are entitled to use earned paid sick time previously accrued.

7. At its discretion, an employer may loan earned paid sick time to an employee in advance of accrual by such employee.

E. Any employer with a paid leave policy, such as a paid time off policy, who makes available an amount of paid leave sufficient to meet the accrual requirements of this section that may be used for the same purposes and under the same conditions as earned paid sick time under this article is not required to provide additional paid sick time.

F. Nothing in this article shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement or other separation from employment for accrued earned paid sick time that has not been used.
A.R.S. § 23-901.01 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 901.01
23-901.01 Occupational disease; proximate causation; definition
Status: in_force

23-901.01. Occupational disease; proximate causation; definition

A. The occupational diseases as defined by section 23-901, paragraph 13, subdivision (c) shall be deemed to arise out of the employment only if all of the following six requirements exist:

1. There is a direct causal connection between the conditions under which the work is performed and the occupational disease.

2. The disease can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment.

3. The disease can be fairly traced to the employment as the proximate cause.

4. The disease does not come from a hazard to which workers would have been equally exposed outside of the employment.

5. The disease is incidental to the character of the business and not independent of the relation of employer and employee.

6. The disease after its contraction appears to have had its origin in a risk connected with the employment, and to have flowed from that source as a natural consequence, although it need not have been foreseen or expected.

B. Notwithstanding subsection A of this section and section 23-1043.01, any disease, infirmity or impairment of a peace officer's health that is caused by brain, bladder, rectal or colon cancer, lymphoma, leukemia or adenocarcinoma or mesothelioma of the respiratory tract and that results in disability or death is presumed to be an occupational disease as defined in section 23-901, paragraph 13, subdivision (c) and is deemed to arise out of employment.

C. The presumption provided in subsection B of this section is granted if all of the following apply:

1. The peace officer passed a physical examination before employment and the examination did not indicate evidence of cancer.

2. The peace officer was assigned to hazardous duty for at least five years.

D. Subsection B of this section applies to both of the following:

1. Peace officers currently in service.

2. Former peace officers who are sixty-five years of age or younger and who are diagnosed with a cancer that is listed in subsection B of this section not more than fifteen years after the peace officer's last date of employment as a peace officer.

E. Subsection B of this section does not apply to cancers of the respiratory tract if there is evidence that the peace officer's exposure to cigarettes or tobacco products outside of the scope of the peace officer's official duties is a substantial contributing cause in the development of the cancer.

F. The presumption provided in subsection B of this section may be rebutted by clear and convincing evidence that there is a specific cause of the cancer other than an occupational exposure to a carcinogen as defined by the international agency for research on cancer.

G. For the purposes of this section, "peace officer" means a full-time peace officer who was regularly assigned to hazardous duty as a part of a special operations, special weapons and tactics, explosive ordinance disposal or hazardous materials response unit.
A.R.S. § 23-1066 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1066
23-1066 Minor or incapacitated claimant; appointment of guardian ad litem; procedure
Status: in_force

23-1066. Minor or incapacitated 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 incapacitated person, the commission, on motion of any party to the proceedings or on its own motion, may appoint a guardian ad litem to represent the best interests of the minor or incapacitated person, in accordance with the terms, conditions and rules of the commission and this chapter. If required by the commission, the guardian ad litem shall give bond in the form and character required by law from a guardian ad litem appointed by the superior court, and in such amount as the commission determines. The bond shall be approved by the commission, and the guardian ad litem shall not be discharged from liability until the guardian ad litem files an account with the commission or with the superior court in the county in which the minor or incapacitated person resides, and until the account, after due notice, is approved.

B. The guardian ad litem shall receive compensation for the guardian ad litem's services as is fixed and allowed by the commission or by the superior court.
A.R.S. § 23-799.01 — Arizona Code / Title 23 / Chapter 4 / Article 7 / Section 799.01
23-799.01 Fraud prevention; report
Status: in_force

23-799.01. Fraud prevention; report

A. To ensure program integrity, the department shall:

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

2. Verify the identity of an individual by incorporating an identity verification process that may include digital or physical identity authentication factors, or both, using external data sources, including third-party vendors.

3. Minimize erroneous communications to employers generated from fraudulent claim applications.

B. On or before December 31 of each year, the department shall submit to the governor, the president of the senate and the speaker of the house of representatives, and shall provide a copy to the secretary of state, a report that contains details on unemployment insurance fraud for the previous fiscal year, including all of the following:

1. The number of fraudulent claims.

2. The total amount of monies paid in fraudulent claims.

3. The impact of fraud on employer contribution rates and experience ratings.
A.R.S. § 23-671 — Arizona Code / Title 23 / Chapter 4 / Article 3 / Section 671
23-671 Appeal tribunals
Status: in_force

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 case of one member who shall be a salaried examiner selected on a nonpartisan merit basis. A person shall not participate on behalf of the department in any case in which he is an interested party.

B. Within a reasonable time before the date set for a hearing, any interested party to a hearing before the appeal tribunal may file an affidavit for change of appeal tribunal and the department shall immediately transfer the matter to another appeal tribunal. An interested party may electronically file the affidavit for change of appeal tribunal under this subsection.  Reasonable time shall be established by regulation. Except for cause not more than one change of appeal tribunal shall be granted to any one party.

C. An appeal tribunal may refer any case before it or any question involved therein to the appeals board established pursuant to section 23-672.

D. Unless an appeal is withdrawn or the proceedings are removed or referred to the appeals board, an appeal tribunal, after giving reasonable notice and affording all interested parties reasonable opportunity for a fair hearing, shall make a decision. The parties to the appeal shall be promptly notified of the decision and the reasons for the decision. The decision shall become final unless within thirty days after mailing or electronic transmission of the decision any interested party files a written or electronically transmitted petition for review with the appeals board or the appeals board assumes jurisdiction in accordance with subsection E of this section.

E. Before the date on which an appeal tribunal decision becomes final, the appeals board on its own motion may, by notice mailed to all interested parties, either:

1. Set aside the decision of the appeal tribunal and remand the proceedings to another appeal tribunal for review and decision.

2. Order the taking of additional evidence.

3. Remove the proceedings to itself for review and decision.

F. If the appeals board removes a case to itself pursuant to this section, the appeals board may order the taking of additional evidence and may affirm, reverse, modify or set aside the decision of the appeal tribunal. The appeals board shall promptly notify the parties to the proceedings of its decision.
A.R.S. § 23-606 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 606
23-606 Base-period employers
Status: in_force

23-606. Base-period employers

"Base-period employers" means the employers by whom an individual was paid base-period wages.
A.R.S. § 23-632 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 632
23-632 Definition of regular benefits
Status: in_force

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 extended benefits and shared work benefits.
A.R.S. § 23-491.02 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.02
23-491.02 Owner's and operator's duty
Status: in_force

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 convey or move all persons and material utilizing the services offered by the owner or operator of such device.

2. Comply with all standards and regulations issued pursuant to this article.

3. Ensure that a conveyance is inspected at all of the following times:

(a) Before placing a conveyance in operation after the initial installation of the conveyance.

(b) After modification or alteration of a conveyance.

(c) After the inspection pursuant to subdivision (a), annually or as otherwise directed by the commission.
A.R.S. § 23-1028 — Arizona Code / Title 23 / Chapter 6 / Article 7 / Section 1028
23-1028 False statements or representations to obtain compensation; forfeiture; violation; classification; sworn statement; definition
Status: in_force

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 a false statement or representation, the person is guilty of a class 6 felony, and, if the person is a claimant for compensation, the claimant shall also forfeit all right to any future temporary or permanent disability compensation for the claim on which the false statement or representation was made after conviction of the offense.  Forfeiture pursuant to this section does not terminate on any subsequent designation of the offense as a misdemeanor.

B. Notwithstanding section 13-801, a sentence to pay a fine for a violation of this section by a claimant or co-employee shall be a sentence to pay an amount fixed by the court of not more than fifty thousand dollars.

C. Any person who commits a violation under this section is also subject to the penalties prescribed in sections 20-466.02 and 20-466.04.

D. A claimant for compensation shall personally sign any monthly or annual income status report that requests the claimant to report employment status or earnings to the insurance carrier or self-insured employer, including the annual report of earnings pursuant to section 23-1047. The reporting document shall contain the following statement:

Any person who knowingly makes a false statement or representation to obtain any compensation, benefit or payment is guilty of a class 6 felony and is subject to up to one and one-half years in prison, a fifty thousand dollar fine and forfeiture of benefits.  By my signature below, I am applying for all benefits to which I may be entitled and I swear that the statements made on this application are true, correct and complete to the best of my knowledge.

E. For the purposes of this section, "statement" includes any notice, proof of injury, bill for services, payment for services, hospital or doctor records, x-rays, test reports, medical or legal expenses, or other evidence of loss or injury, or other expense or payment.
A.R.S. § 23-903 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 903
23-903 Application of chapter to persons engaged in interstate commerce; limitation
Status: in_force

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 a rule of liability or method of compensation has been or may be established by the United States only to the extent that their mutual connection with intrastate work is clearly separate and distinguishable from interstate or foreign commerce.
A.R.S. § 23-491.13 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.13
23-491.13 Effective date of orders; time for compliance; effect of orders
Status: in_force

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 may petition the commission for an extension of time to comply with an order which the commission shall grant if it finds the extension necessary.

B. All orders of the commission in conformity with law shall be valid and in force and prima facie reasonable and lawful until found otherwise in an action brought for such purpose pursuant to the provisions of this article or until altered or revoked by the commission.

C. A substantial compliance with the requirements of this article shall be sufficient to give effect to the orders of the commission, and they shall not be declared inoperative, illegal or void for an omission of a technical nature.
A.R.S. § 23-609 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 609
23-609 Benefit year
Status: in_force

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 respect to which the individual first files a claim in accordance with section 23-772 and thereafter the one-year period beginning with the first day of the first week of unemployment with respect to which the individual next files a claim after the termination of his last preceding benefit year, provided that at the time of filing the claim the individual has been paid the wages for insured work required under section 23-771. For the purposes of this section a week with respect to which an individual files a valid claim establishing a benefit year shall be deemed to be in that benefit year which includes the greater part of such week.
A.R.S. § 23-325 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 325
23-325 Judicial review of commission decisions; scope of review; appeal procedure; action of reviewing court
Status: in_force

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 right of appeal from the decision of the commission on any question of law or fact, and there shall be a right of review by the superior court on any decision on a question of law or fact included or embodied in a decision or order of the commission.

B. The review may be had by filing, within thirty days after the decision of the commission, an action in the superior court of the county wherein the contract of employment was entered. The commission shall be named defendant in the action. Summons shall issue and be served as in civil actions. The county attorney of the county where the action is filed shall represent the commission.

C. Within twenty days after the date of service of summons on the commission a transcript of the evidence and testimony offered at the hearing shall be filed with the clerk of the court, and the review shall be had upon the transcript offered and upon other evidence. The review shall not stay the order of the commission until the order is reversed, vacated or modified by the court.

D. Upon setting aside a decision of the commission, the court may recommit the controversy and remand the record in the case for further proceedings.

E. Either party may appeal to the supreme court from the judgment in the time and manner provided for appeals from superior courts in civil actions.
A.R.S. § 23-483 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 483
23-483 Petition for special action to review lawfulness of decision, order or decision upon review; procedure
Status: in_force

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 court of appeals by a petition for special action to review the lawfulness of the decision, order or decision upon review.

B. The petition for special action provided by subsection A of this section and by section 23-481 shall be made returnable within ten days and shall direct the commission to certify its record, proceedings and evidence to the court of appeals. The court of appeals may quash or dismiss the petition for special action upon the grounds of dismissal applicable to civil appeals. The review shall be limited to determining whether or not the commission acted without or in excess of its power and, if findings of fact were made, whether or not such findings of fact support the order or decision. If necessary, the court may review the evidence.

C. Each party to the proceedings before the commission may appear in the court of appeals.

D. The court of appeals shall enter judgment either affirming or setting aside the order or decision.

E. The rules of civil procedure relating to special actions shall apply so far as applicable and not in conflict with this article.
A.R.S. § 23-1390 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1390
23-1390 Prevention of unfair labor practices
Status: in_force

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 that any person has engaged in or is engaging in any such unfair labor practice, the board, or any agent or agency designated by the board for such purposes, may issue and cause to be served on the person a complaint stating the charges in that respect and containing a notice of hearing before the board or a member of the board or an administrative law judge at least five days after the serving of the complaint.  Hearings shall be conducted pursuant to title 41, chapter 6, article 10.  No complaint may issue based on any unfair labor practice occurring more than six months before the filing of the charge with the board and the service of a copy of the complaint on the person against whom the charge is made, unless the person so aggrieved was prevented from filing the charge by reason of service in the armed forces, in which event the six month period shall be computed from the day of the person's discharge. Any such complaint may be amended by the member or administrative law judge conducting the hearing or the board in its discretion at any time before the issuance of an order based on the complaint.  The person so complained of may file an answer to the original or amended complaint, may appear in person or otherwise and may give testimony at the place and time fixed in the complaint.  In the discretion of the board or the member, agent or agency conducting the hearing, any other person may be allowed to intervene in the proceeding and to present testimony.

C. The testimony taken by the board or such member or administrative law judge shall be reduced to writing and filed with the board.  Thereafter, in its discretion, the board on notice may take further testimony or hear argument.  If on the preponderance of the testimony taken the board determines that any person named in the complaint has engaged in or is engaging in any unfair labor practice, the board shall state its findings of fact and shall issue and cause to be served on the person an order requiring the person to cease and desist from the unfair labor practice and shall take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this article. If an order directs reinstatement of an employee, back pay may be required of the employer or labor organization, as the case may be, responsible for the discrimination suffered by the employee.  The order may further require the person to make reports from time to time showing the extent to which the person has complied with the order.  If on the preponderance of the testimony taken the board determines that the person named in the complaint has not engaged in or is not engaging in any unfair labor practice, the board shall state its findings of fact and shall issue an order dismissing the complaint.  No order of the board may require the reinstatement of any individual as an employee who has been suspended or discharged, or the payment to the individual of any back pay, if the individual was suspended or discharged for cause.  If the evidence is presented before a member of the board, or before an examiner or examiners of the board, the member, or the examiner or examiners, as the case may be, shall issue and cause to be served on the parties to the proceedings a proposed report, together with a recommended order, that shall be filed with the board, and if no exceptions are filed within ten days after service of the order on such parties, or within such further period as the board may authorize, such recommended order becomes the order of the board and is as prescribed in the order.

D. Until the record in a case is filed in a court, as provided in this section, the board at any time on reasonable notice and in a manner as it deems proper may modify or set aside, in whole or in part, any finding or order made or issued by it.

E. The board may petition the superior court in any county where the unfair labor practice in question occurred or where the person resides or transacts business for the enforcement of the order and for appropriate temporary relief or a restraining order.  On the filing of the petition the court shall cause notice to be served on the person, and thereupon has jurisdiction of the proceeding and of the question determined therein, and may grant such temporary relief or restraining order as it deems just and proper and may make and enter a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the board.

F. Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title  12, chapter 7, article  6.

G. If an order of the board made pursuant to this section is based in whole or in part on facts certified following an investigation pursuant to section 23-1389 and there is a petition for the enforcement of the order, the certification and the record of such investigation shall be included in the transcript of the entire record required to be filed under subsection E of this section, and the decree of the court enforcing the order of the board shall be made and entered based on the pleadings, testimony and proceedings set forth in the transcript.  The court shall not enforce any order of the board that rests, in whole or in part, on evidence adduced from witnesses who have not testified under oath and who have not been subject to cross-examination by opposing parties.

H. Unless specifically ordered by the court, the commencement of proceedings under subsection E or F of this section does not operate as a stay of the board's order.

I. Petitions filed under this article shall be heard expeditiously, and if possible within ten days after they have been docketed.

J. On issuance of a complaint as provided in subsection B of this section charging that any person has engaged in or is engaging in an unfair labor practice, the board may petition the superior court in any county where the unfair labor practice in question is alleged to have occurred or where the person resides or transacts business for appropriate temporary relief or a restraining order.  On the filing of any such petition the court shall cause notice to be served on the person and thereupon has jurisdiction to grant to the board such temporary relief or restraining order as it deems just and proper.

K. If it is charged that any person has engaged in an unfair labor practice, the preliminary investigation of the charge shall be made immediately and shall be given priority over all other cases except cases of like character in the office where it is filed or to which it is referred.  If, after such investigation, the officer to whom the matter may be referred has reasonable cause to believe that the charge is true and that a complaint should issue, the officer shall petition, on behalf of the board, the superior court in the county where the unfair labor practice in question has occurred or is alleged to have occurred, or where the person alleged to have committed the unfair labor practice resides or transacts business, for appropriate injunctive relief pending the final adjudication of the board with respect to the matter.  On the filing of any such petition the superior court has jurisdiction to grant any injunctive relief or temporary restraining order it deems just and proper, notwithstanding any other law, except that no temporary restraining order may be issued without notice unless a petition alleges that substantial and irreparable injury to the charging party will be unavoidable and the temporary restraining order is effective for no longer than five days and will become void at the expiration of such period.  On the filing of any such petition the court shall cause notice to be served on any person complained against in the charge and the person, including the charging party, shall be given an opportunity to appear in person or by counsel and present any relevant testimony.  For the purposes of this subsection, the superior court is deemed to have jurisdiction of a labor organization either in the county in which the organization maintains its principal office or in any county in which its duly authorized officers or agents are engaged in promoting or protecting the interests of employee members.  The service of legal process on an officer or agent constitutes service on the labor organization and makes the organization a party to the suit.
A.R.S. § 23-634 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 634
23-634 Eligibility requirements for extended benefits
Status: in_force

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 department finds that with respect to such week:

1. He is an exhaustee as defined in section 23-627, and

2. He has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits.

3. He has, in the base period of his claim for regular benefits, total wages of at least one and one-half times the wages in his highest quarter, or total wages that exceed forty times his most recent weekly benefit amount established pursuant to this chapter.

B. Extended benefits are not payable pursuant to an interstate claim filed under the interstate benefit payment plan unless an extended benefit period is in effect in the state of filing for the week for which the claim is filed, except that an individual who is otherwise eligible may receive extended benefits for not more than two weeks of unemployment during his eligibility period pursuant to interstate claims filed in an area where an extended benefit period is not in effect.
A.R.S. § 23-1324 — Arizona Code / Title 23 / Chapter 8 / Article 2 / Section 1324
23-1324 Violations; classification
Status: in_force

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 2 misdemeanor and shall pay a fine of not less than two hundred dollars.

B. A person who violates section 23-1322, 23-1327 or 23-1328 at a property listed on the no trespass public notice list is guilty of a class 1 misdemeanor and shall pay a fine of not less than two hundred dollars.

C. Any fine levied pursuant to this section shall be recovered by the attorney general or under his direction in the name of the state.
A.R.S. § 23-789 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 789
23-789 Recovery of child support obligations; definitions
Status: in_force

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 disclosure of liability for child support obligations, and a determination of eligibility for unemployment compensation, the department shall notify the state child support enforcement agency enforcing such obligation that the individual has been determined to be eligible for unemployment compensation.

B. The department shall deduct and withhold from any unemployment compensation payable to an individual who is liable for child support obligations:

1. The amount, if any, determined pursuant to an agreement submitted to the unemployment compensation component of the department under section 454(20)(B)(i) of the social security act, as amended, by the state child support enforcement agency.

2. Any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process as defined in section 462(e) of the social security act, as amended, properly served upon the department.

3. The amount specified by the individual to the unemployment compensation component of the department to be deducted and withheld under this subsection, if neither paragraph 1 nor 2 of this subsection is applicable.

4. The amount specified by the child support enforcement agency pursuant to court order, as the amount the individual is liable for child support obligations.

C. Any amount deducted and withheld under this section shall:

1. Be paid to the appropriate entity as directed by the state child support enforcement agency.

2. For all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the state child support enforcement agency and credited to the individual's child support obligations.

D. The state child support enforcement agency shall reimburse the unemployment compensation component of the department for administrative costs incurred by the unemployment insurance component which are attributable to this section.

E. In this section, unless the context otherwise requires:

1. "Child support obligations" means obligations which are being enforced pursuant to a plan described in section 454 of the social security act, as amended, which has been approved by the secretary of health and human services under part D of title IV of the social security act, as amended.

2. "State child support enforcement agency" means any agency or component of any agency of this state operating pursuant to a plan as described in paragraph 1 of this subsection.

3. "Unemployment compensation payable" means any compensation which, but for this section, would be payable directly to an individual under this chapter, including amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment, but not including amounts deducted to repay overpayments in accordance with the provisions of sections 23-787, 23-788 and 23-790.
A.R.S. § 23-570 — Arizona Code / Title 23 / Chapter 3 / Article 4 / Section 570
23-570 Liability
Status: in_force

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) The quality, adequacy and safety of the goods or services produced or sold in the client's business.

(b) Directing, supervising, training and controlling the work of covered employees with respect to the business activities of the client.

(c) The acts, errors or omissions of covered employees when directing, supervising, training and controlling the covered employees' work.

2. Shall not be liable for the acts, errors or omissions of a professional employer organization or any covered employee of the client and the professional employer organization if the covered employee is acting under the express direction and control of the professional employer organization.

B. This section does not limit any contractual liability or obligation required under a professional employer agreement or limit the liabilities and obligations of any professional employer organization or client required by this article.

C. For the purposes of general liability insurance, fidelity bonds, surety bonds, employer's liability that is not covered under workers' compensation and liquor liability insurance that is carried by the professional employer organization, a covered employee is not an employee of the professional employer organization unless the covered employee is specifically included by reference in the professional employer agreement and applicable prearranged employment contract, insurance contract or bond.
A.R.S. § 23-408 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 408
23-408 Inspection of places and practices of employment; closing conference; prohibitions; employee initiation of investigation; violation; classification; injunction
Status: in_force

23-408. Inspection of places and practices of employment; closing conference; prohibitions; employee initiation of investigation; violation; classification; injunction

A. Except as prescribed in section 23-432, subsection E, the director of the division of occupational safety and health, or the director's authorized representative, on presentation of credentials, shall be permitted to inspect places of employment, question employees and investigate conditions, practices or matters in connection with employment subject to this article at reasonable times, as the director or the director's authorized representative may deem appropriate to determine whether any person has violated any provision of this article or any rule or regulation issued pursuant to this article or that may aid in the enforcement of this article. An employer or other person shall not refuse to admit the director or the director's authorized representatives to any place or refuse to permit the inspection if the proper credentials are presented and the inspection is made at a reasonable time.

B. In making inspections and investigations, the director or the director's authorized representative may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage paid to witnesses in the courts of this state. If any person fails or refuses to obey such an order, the director or the director's authorized representative may apply to any superior court in any county where the person is found, resides or transacts business for an order requiring the person to produce evidence and to give testimony as ordered. Failure to obey such an order is contempt of court.

C. The director or the director's authorized representative shall inspect at least every six months any operation that mixes rock, sand, gravel or similar materials with water and cement or with asphalt and that is not included in the definition of mine in section 27-301. The director or the director's authorized representative shall monitor and work with the mine inspector only to the extent necessary to ensure this state's compliance with federal occupational safety and health act standards, (P.L. 91-596).

D. Notice of an intended inspection shall not be given to an employer before the time of actual entry on the workplace, except by specific authorization by the director.

E. A representative of the employer and a representative authorized by the employer's employees shall be given an opportunity to accompany the director or the director's authorized representative during the physical inspection of any workplace for the purpose of aiding the inspection. Where there is no authorized employee representative, the director or the director's authorized representative shall consult a reasonable number of employees concerning matters of safety and health in the workplace.

F. The director may not allow any individual to accompany a compliance safety and health officer when conducting inspections for the industrial commission of Arizona pursuant to this section unless the individual is any of the following:

1. An employee of the employer being inspected.

2. A safety consultant, attorney or other agent of the employer or a person present with the consent of the employer.

3. The authorized employee representative. For the purposes of this paragraph, "authorized employee representative" means an agent of a labor organization that has a collective bargaining relationship with the employer who represents employees who are members of the collective bargaining unit.

4. A third party who is required by law to accompany the compliance safety and health officer to ensure that the state plan is at least as effective as the standards of the occupational safety and health act of 1970 (P.L. 91-596; 84 Stat. 1590).

5. Otherwise required by law to be present.

G. The employer may require the following conditions for a third party who accompanies a compliance safety and health officer during an inspection pursuant to subsection F of this section:

1. That not more than one individual be present unless otherwise required by law.

2. That the individual follow all workplace safety rules regarding personal protective equipment applicable to all visitors for the workplace.

3. That the individual is required to complete any safety trainings applicable to all visitors of the workplace.

4. That the individual sign a confidentiality agreement with respect to the use of confidential information that is learned during the inspection that has the same terms as required for other visitors.

5. That nonemployees, other than the compliance safety and health officer, are prohibited from entering areas that contain trade secrets.  The compliance safety and health officer may consult with a reasonable number of employees who work in the identified trade secret area on matters of safety and health, even if those employees are not joining the inspection.  Information obtained by the commission or its representatives during the inspection that contains or that may reveal a trade secret is subject to section 23-426.

H. Except as provided in section 23-426, information and facts developed by the commission, the director or any employee of the commission or division in the course of any inspection or investigation are public records subject to inspection pursuant to title 39, chapter 1, article 2, if, pursuant to section 23-415, subsection D, the inspection or investigation has been closed or a citation has been issued. Such information and facts shall not be admissible in any court or before any administrative body except pursuant to this article.  Notwithstanding this subsection, the director or any commission employee is not required to appear at any deposition, trial or hearing concerning a division inspection or investigation unless the appearance is related to a hearing held pursuant to this article. Hearings held pursuant to this article are open to the public.

I. During the inspection or investigation and in deciding whether to recommend and issue a citation, the director or the director's authorized representative and the commission may consider whether an employee has committed misconduct by violating the employer's policies, if any, regarding substance abuse while working, as evidenced by the results of testing for substance abuse or other evidence of impairment while working.

J. An employee of the division or the commission may not:

1. Before, during or after an inspection or investigation, communicate to an employer that the employer should not be represented by an attorney or that the employer may be treated more favorably by the division or the commission if the employer is not represented by an attorney.

2. Conduct an audio recording of an oral statement provided during an interview without the knowledge and consent of the person being interviewed. The employee of the division or the commission shall inform the person being interviewed of the person's right to receive a copy of the recorded oral statement within a reasonable time.

3. Obtain a written statement during an interview without informing the person of the person's right to receive a copy of the written statement within a reasonable time.

K. An employee or a representative of employees who believes that a violation of a safety or health standard or regulation exists that threatens physical harm or that an imminent danger exists may request an investigation by giving notice to the director or the director's authorized representative of the violation or danger. Any notice shall be in writing, set forth with reasonable particularity the grounds for the notice and be signed by the employees or representative of the employees. On the request of the employee giving the notice, the employee's name and the names of other employees referred to in the notice shall not appear on any copy of the notice or any record published, released or made available. If on receipt of the notice the director determines that there are reasonable grounds to believe that the violation or danger exists, the director shall make an investigation in accordance with this article as soon as practicable to determine if the violation or danger exists. If the director determines there are no reasonable grounds to believe that a violation or danger exists, the director shall notify the employees or representative of the employees in writing of the determination.

L. Any person who violates any provision of this section is guilty of a class 2 misdemeanor.

M. The commission, or the commission's authorized representative, in addition to initiating an action under subsection K of this section, may file in the superior court in the county where the inspection was refused a verified complaint against an employer who violates subsection A of this section and request an injunction against continued refusal to permit an inspection.

N. At least thirty days before the industrial commission of Arizona submits the state plan proposal or proposed adoption to the United States occupational safety and health administration, the commission shall submit the state plan proposal or proposed adoption to the joint legislative audit committee, which may review and recommend that the commission amend the state plan proposal or proposed adoption.
A.R.S. § 23-363 — Arizona Code / Title 23 / Chapter 2 / Article 8 / Section 363
23-363 Minimum wage
Status: in_force

23-363. Minimum wage

(Caution:  1998 Prop. 105 applies)

A. Employers shall pay employees no less than the minimum wage, which shall be not less than:

1. $10 on and after January 1, 2017.

2. $10.50 on and after January 1, 2018.

3. $11 on and after January 1, 2019.

4. $12 on and after January 1, 2020.

B. The minimum wage shall be increased on January 1, 2021 and on January 1 of successive years, by the increase in the cost of living.  The increase in the cost of living shall be measured by the percentage increase as of August of the immediately preceding year over the level as of August of the previous year of the consumer price index (all urban consumers, U.S. city average for all items) or its successor index as published by the U.S. department of labor or its successor agency, with the amount of the minimum wage increase rounded to the nearest multiple of five cents.

C. For any employee who customarily and regularly receives tips or gratuities from patrons or others, the employer may pay a wage up to $3.00 per hour less than the minimum wage if the employer can establish by its records of charged tips or by the employee's declaration for federal insurance contributions act (FICA) purposes that for each week, when adding tips received to wages paid, the employee received not less than the minimum wage for all hours worked.  Compliance with this provision will be determined by averaging tips received by the employee over the course of the employer's payroll period or any other period selected by the employer that complies with regulations adopted by the commission.
A.R.S. § 23-493.09 — Arizona Code / Title 23 / Chapter 2 / Article 14 / Section 493.09
23-493.09 Confidentiality of results; access to records
Status: in_force

23-493.09. Confidentiality of results; access to records

A. All communications received by an employer relevant to drug test or alcohol impairment test results and received through the employer's testing program are confidential communications and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceeding, except in a proceeding related to an action taken by an employer or employee under this article or except disclosure to:

1. The tested employee or prospective employee or any other person designated in writing by that employee or prospective employee.

2. Individuals designated by the employer to receive and evaluate test results or hear the explanation of the employee or prospective employee.

3. An arbitrator or mediator, or a court or governmental agency as authorized by state or federal law.

B. The tested employee has a right of access to the written test results that pertain to that individual, subject to the maintenance of confidentiality for other individuals.

C. Except as otherwise permitted by law, no sample taken for testing pursuant to this article shall be tested for any substance or condition except unlawful drugs or alcohol as defined in this article.
A.R.S. § 23-491.09 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.09
23-491.09 Enforcement
Status: in_force

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 standard or regulation, the division shall issue a correction order directing any repairs, improvements, changes or additions necessary to eliminate the hazard. Each correction order shall be in writing, delivered either by mail or in person and shall contain the following:

1. A particular description of the nature of the violation, including a reference to the provision of this article or of any standard or regulation alleged to have been violated.

2. A reasonable time for the abatement of the violation.

B. No correction order may be issued after the expiration of a period of six months from the date of the inspection or investigation which produced evidence of the violation.

C. If in the opinion of the director or the director's authorized representative the continued operation of the defective device constitutes an immediate danger to the safety of the persons operating or being conveyed by such device, the director or the director's authorized representative may condemn such device and require it to be returned to a condition allowing safe operation before its use is resumed.

D. Upon failure of an owner or operator to comply with either the requirements of a correction order issued pursuant to subsection A or condemnation pursuant to this subsection, the commission may file an action in the superior court of the county where the violation occurred to enjoin the owner or operator from engaging in further acts in violation of the requirements of the correction order or the condemnation. Any person found to be in contempt of an injunctive order of the court shall be fined not less than fifty nor more than three hundred dollars with each day of violation constituting a separate contempt.
A.R.S. § 23-1329 — Arizona Code / Title 23 / Chapter 8 / Article 2 / Section 1329
23-1329 Publicizing enjoined picketing or assembly; prohibition
Status: in_force

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 premises, if a court of competent jurisdiction has enjoined the continuation of the picketing or assembly at that point or premises.
A.R.S. § 23-355 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 355
23-355 Action by employee to recover wages; amount of recovery
Status: in_force

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 employee, the employee may recover in a civil action against an employer or former employer an amount that is treble the amount of the unpaid wages.

B. This section does not authorize a county school superintendent to issue a warrant in violation of section 15-304 or in violation of any other provision of law.
A.R.S. § 23-493.10 — Arizona Code / Title 23 / Chapter 2 / Article 14 / Section 493.10
23-493.10 Construction; collective bargaining
Status: in_force

23-493.10. Construction; collective bargaining

Nothing in this article shall be construed to infringe on, contradict, preempt or otherwise conflict with the valid provisions of any collective bargaining agreement or to otherwise abridge or infringe on the rights and responsibilities of all parties in the collective bargaining process to negotiate collective bargaining agreements. These contract provisions are fully valid and enforceable, notwithstanding the provisions of this article. An employer who follows the provisions of a drug testing or alcohol impairment testing policy negotiated or bargained to impasse with the collective bargaining representative of its employees or consistent with the terms of a collective bargaining agreement, shall receive the full benefits of this article, even if that policy does not conform to all of the provisions of this article.
A.R.S. § 23-681 — Arizona Code / Title 23 / Chapter 4 / Article 3 / Section 681
23-681 Changing hearing date; good cause
Status: in_force

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 exists if the request is reasonable or the circumstance causing the request is beyond the control of the requesting party and failure to grant the postponement would cause undue hardship to the requesting party.

C. The department of economic security shall adopt rules:

1. To set standards under which a party may be excused for failure to attend a hearing for good cause.

2. To allow a party who failed to attend a hearing to file a written or electronic request to reopen the hearing.
A.R.S. § 23-1081 — Arizona Code / Title 23 / Chapter 6 / Article 10 / Section 1081
23-1081 Administrative fund; purposes and administration
Status: in_force

23-1081. Administrative fund; purposes and administration

A. The administrative fund is established to provide for all expenses of the industrial commission in carrying out its powers and duties under this title. Except for monies from cash deposits or surety bonds in the separate account established by section 23-527, the administrative fund and expenditures therefrom shall be subject to budgetary review and legislative appropriation as expenditures from other state funds. Vouchers or claims prepared for any purpose other than for payment of benefits shall be processed as prescribed by section 35-181.01 and the rules of the director of the department of administration. The industrial commission shall annually fix the rate of the tax, not to exceed three per cent, to be paid to the state treasurer for credit to the administrative fund pursuant to section 23-961, subsection G in an amount that is no more than necessary to cover the actual expenses of the industrial commission in carrying out its powers and duties under this title.  Monies for expenditure from the administrative fund shall be appropriated by the legislature.  All money and securities in the fund shall be held in trust and invested by the treasurer.

B. The administrative fund shall be no less than self-supporting with respect to the expenses of the industrial commission and other expenditures from the administrative fund as provided under this chapter.  Unless the special fund established by section 23-1065 is not on an actuarially sound basis as determined pursuant to section 23-1065, subsection I, any surplus or deficit in the revenue provided under section 23-961 above or below the expenses of the industrial commission and other expenditures from the administrative fund as provided under this chapter shall be included in the calculation of the rate to be fixed for the following year pursuant to section 23-961, subsection G. If the special fund is not on an actuarially sound basis as determined pursuant to section 23-1065, subsection I, notwithstanding any other provision of this section, at least once each fiscal year, the industrial commission shall determine if there is a surplus in the revenue provided under section 23-961 that is greater than the expenses of the industrial commission and other expenditures from the administrative fund as provided under this chapter. On notice from the industrial commission to the state treasurer, the surplus shall be transferred to the special fund.