A.R.S. § 23-571 — Arizona Code / Title 23 / Chapter 3 / Article 4 / Section 571
23-571 Tax obligations and incentives
Status: in_force

23-571. Tax obligations and incentives

A. This article does not relieve a client from paying any tax liability that is due under title 42 or 43.

B. Any tax on professional employer services shall be limited to the administrative fees.

C. For the purposes of tax credits and any other economic incentives provided by this state that are based on employment, covered employees shall be deemed employees of either the client or the professional employer organization.  Either the client or the professional employer organization, but not both, shall be entitled to the benefit of any tax credit, economic incentive or any other benefit resulting from the employment of covered employees of the client.  If the amount of any credit or incentive is based on the number of employees, only the covered employees who actually work for the client shall be considered employed and the covered employees who work for other clients of the professional employer organization shall not be considered.
A.R.S. § 23-495 — Arizona Code / Title 23 / Chapter 2 / Article 16 / Section 495
23-495 Definitions
Status: in_force

23-495. Definitions

In this article, unless the context otherwise requires:

1. "DD-214" means a United States department of defense report of separation form or its predecessor or successor forms.

2. "Private employer" means a sole proprietor, corporation, partnership, limited liability company or other entity with one or more employees. Private employer does not include this state, a political subdivision of this state or a public institution of higher education.

3. "Veteran" means a person who served on active duty in the United States armed forces and who was discharged or released under honorable conditions.

4. "Veterans' preference employment policy" means a private employer's voluntary preference for hiring, promoting or retaining a veteran over another qualified applicant or employee.
A.R.S. § 23-737 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 737
23-737 Collection of contributions or interest; precedence of action
Status: in_force

23-737. Collection of contributions or interest; precedence of action

A. If a contribution, payment in lieu of a contribution, penalty or interest imposed under this chapter is not paid when due, these amounts may be collected by levy pursuant to section 23-752 or by civil action in the name of the department, and the employer adjudged in default shall pay the court costs.

B. Actions brought under this section shall be heard by the court at the earliest possible date and shall have precedence over other civil actions, except petitions for judicial review under this chapter, and cases arising under chapter 6 of this title.

C. After judgment is entered pursuant to this article against the state, a city, town, county, school district or other political subdivision or an instrumentality, agency, board or commission thereof, or any combination of the foregoing, the department shall notify the employer that judgment has been entered. Within thirty days of the date of notice the treasurer or other appropriate officer of the employer charged with the receipt, custody, and disbursements of its monies or funds shall, without issuance of execution or garnishment or other legal action, remit to the department all contributions, payments in lieu of contributions, interest and penalties in judgment. If within the thirty-day period satisfaction of judgment is not obtained, the department shall petition for and the superior court may grant an order compelling payment of the amounts in judgment by the governing body of the employer against which judgment has been entered.
A.R.S. § 23-807 — Arizona Code / Title 23 / Chapter 5 / Article 1 / Section 807
23-807 Agreement exempting employer from liability void; setoffs by employer
Status: in_force

23-807. Agreement exempting employer from liability void; setoffs by employer

A. Any contract, rule, regulation or device whatever, the purpose or intent of which is to enable an employer to exempt himself from any liability created by this article, is to that extent void.

B. In an action brought under this article the employer may set off any amount he has contributed or paid for any insurance, relief, benefit or indemnity, or has paid to the injured employee or his personal representative on account of the injury or death for which the action is brought.
A.R.S. § 23-1101 — Arizona Code / Title 23 / Chapter 6 / Article 12 / Section 1101
23-1101 Definition of report
Status: in_force

23-1101. Definition of report

In this article, unless the context otherwise requires, "report" means the report prescribed by section 23-1102.
A.R.S. § 23-361.01 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 361.01
23-361.01 Employer requirements; cash payments; unlawful practices; civil penalty
Status: in_force

23-361.01. Employer requirements; cash payments; unlawful practices; civil penalty

A. An employer that has two or more employees and pays hourly wages or salary by cash to any employee shall comply with all of the following:

1. The income tax withholding laws prescribed in title 43, chapter 4.

2. The employer reporting laws prescribed in section 23-722.01.

3. The employment security laws prescribed in chapter 4 of this title.

4. The workers' compensation laws prescribed in chapter 6 of this title.

B. For a violation of subsection A of this section, the attorney general may bring an action in superior court against an employer.  On a finding of a violation of subsection A of this section, the court shall order the employer to pay a civil penalty that is equal to treble the amount of all withholdings, payments, contributions or premiums that the employer failed to remit as prescribed by subsection A of this section or five thousand dollars for each employee for whom a violation was committed, whichever is greater.

C. The court shall transmit the monies collected pursuant to subsection B of this section to the state treasurer, and the state treasurer shall deposit the monies in the state general fund.   Monies deposited in the state general fund pursuant to this subsection shall be equally appropriated to the department of education and the department of health services for the purposes of offsetting increased costs to this state by unauthorized aliens.

D. The civil penalty under this section is in addition to any other penalties that may be imposed by law.
A.R.S. § 23-422 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 422
23-422 Review board
Status: in_force

23-422. Review board

A. A review board is established within the commission to hear and rule on appeals of administrative law judge decisions generated in this article. The board shall consist of five members who are appointed by the governor and who by reason of training, education or experience are qualified to carry out the powers and duties of the board. The board shall elect a chairman from the board's membership.

B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. Members of the board shall be appointed to five-year terms, except that of the members first appointed, one each shall serve for a term of one, two, three, four and five years. A vacancy occurring on the board other than by expiration of a term shall be filled in the manner original appointments were made, for the unexpired portion of the term.  The governor may remove members of the board for inefficiency, neglect of duty, malfeasance or nonfeasance in office. The board shall meet as often as necessary to hold review hearings as provided in section 23-423, at times and places as the chairman may determine. A quorum of the board shall be present in order to conduct review hearings or other business. All decisions of the board shall be determined by a majority decision.

D. The commission shall employ a staff necessary for the efficient administration of the board's activities. All personnel of the board shall be under the supervision of the director of the commission and shall be paid from the general fund, subject to legislative appropriation.

E. Board members shall receive compensation pursuant to section 38-611, which shall be paid from the general fund, subject to legislative appropriation.

F. The monies appropriated to carry out the purposes of subsections D and E of this section shall be appropriated to the commission, shall not exceed twenty thousand dollars per year and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The monies shall be kept separate and apart from other monies of the commission and shall be available only to the board.

G. A member of the board shall not participate on a matter with which the member is personally associated. If a member is disqualified pursuant to this subsection or is unable to participate for any other reason on a particular matter, the governor shall appoint a person as a temporary member to participate in the hearing.  The person shall meet the qualifications of subsection A of this section.
A.R.S. § 23-493.06 — Arizona Code / Title 23 / Chapter 2 / Article 14 / Section 493.06
23-493.06 Employer protection from litigation
Status: in_force

23-493.06. Employer protection from litigation

A. No cause of action is or may be established for any person against an employer who has established a policy and initiated a testing program in accordance with this article for any of the following:

1. Actions in good faith based on the results of a positive drug test or alcohol impairment test.

2. Failure to test for drugs or alcohol impairment or failure to test for a specific drug or any other controlled substance.

3. Failure to test or, if tested, failure to detect any specific drug or other substance, any medical condition or any mental, emotional or psychological disorder or condition.

4. Termination or suspension of any substance abuse prevention or testing program or policy.

5. Actions based on the employer's good faith belief that an employee used or possessed any drug while on the employer's premises or during the hours of employment.

6. Actions based on the employer's good faith belief that an employee had an impairment while working while on the employer's premises or during hours of employment.

7. Actions to exclude an employee from performing a safety-sensitive position, including reassigning the employee to another position or placing an employee on paid or unpaid leave, based on the employer's good faith belief that the employee is engaged in the current use of any drug, whether legal, prescribed by a physician or otherwise, if the drug could cause an impairment or otherwise decrease or lessen the employee's job performance or ability to perform the employee's job duties.  The belief regarding the effects of the drug may be based on information including results of a test for the use of alcohol or drugs, warning labels or other printed materials that accompany instructions for use of the drug, statements by the employee, information from a physician or pharmacist, information from reputable reference sources in print or on the internet or other information the employer in good faith believes to be reliable.

B. The actions of an employer protected by this section include implementing, monitoring or measures to assess, supervise or control the job performance of the employee, reassignment of an employee to a different position or job duties or suspension or termination of employment.
A.R.S. § 23-910 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 910
23-910 Exemption for licensees
Status: in_force

23-910. Exemption for licensees

The provisions of this chapter do not apply to a person who performs the services of a licensee as defined in section 32-2101 under the following conditions:

1. Substantially all of the remunerations whether or not paid in cash for services performed by an individual as a real estate licensee are directly related to sales or other output including the performance of services rather than the number of hours worked.

2. The services performed by the licensee are performed pursuant to a written contract between the licensee and the person for whom the services are performed and such contract provides that the licensee will not be treated as an employee with respect to such services for federal tax purposes and for the purposes of this chapter.
A.R.S. § 23-672 — Arizona Code / Title 23 / Chapter 4 / Article 3 / Section 672
23-672 Appeals board
Status: in_force

23-672. Appeals board

A. Within the department, an appeals board is established consisting of three members.  The director shall appoint the members of the appeals board and shall designate one member to serve as chairman.

B. Hearings conducted by or at the direction of the appeals board shall be conducted as provided by section 23-674 and other provisions of this chapter. The department shall prescribe by rule the procedures for petitioning for review, removal of cases to the board and appeals under section 23-673.  An interested party may file either a written or electronic petition for review.  On the filing of a petition for review, the department shall prepare a complete record unless the parties stipulate otherwise.

C. In any case in which a petition for review of an appeal tribunal or hearing officer decision has been filed by an interested party, the appeals board may remand the case to any appeal tribunal or hearing officer for further proceedings or may review the matter on the basis of the record in the case, take additional evidence or rehear the matter and affirm, reverse, modify or set aside the decision of the appeal tribunal or hearing officer.  On notice to the interested parties, a petition for review may be reviewed by one member of the appeals board designated by the chairman. If an interested party objects to review by one board member, the matter shall be heard by three members of the appeals board.

D. Unless a petition for hearing or review of a department determination made under article 5 of this chapter is withdrawn, the appeals board after affording the parties reasonable opportunity for a fair hearing shall issue its decision.

E. Every decision of the appeals board shall be in writing. If the decision is issued by at least two concurring members of the appeals board, and the appeals board is not unanimous, the decision of the majority shall control. The minority may file a dissent from the decision, setting forth the reasons for the dissent. All interested parties shall be promptly notified of the decision and the reasons for the decision.  Notice to the parties of the decision shall be accompanied by instructions explaining the procedure for review pursuant to section 41-1993.
A.R.S. § 23-472 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 472
23-472 Administration
Status: in_force

23-472. Administration

The division shall administer the provisions of this article.
A.R.S. § 23-926 — Arizona Code / Title 23 / Chapter 6 / Article 2 / Section 926
23-926 Inspection of employer records; noncompliance by employer; penalty
Status: in_force

23-926. Inspection of employer records; noncompliance by employer; penalty

A. All books, records and payrolls of the employer, including nonconfidential employer records on file with other state or local governmental agencies, showing or reflecting in any way the wage expenditure of the employer shall always be open for inspection by the commission or its assistants to ascertain information necessary for its administration of the law.

B. An employer who refuses to submit his books, records and payrolls for inspection as provided by this section is liable for a penalty of five hundred dollars for each offense which shall be collected by a civil action in the name of the state, and the recovery shall be paid to the state general fund. The commission may recover reasonable attorney fees incurred pursuant to this section.
A.R.S. § 23-1026 — Arizona Code / Title 23 / Chapter 6 / Article 7 / Section 1026
23-1026 Periodic medical examination of employee; effect of refusal or obstruction of examination or treatment
Status: in_force

23-1026. Periodic medical examination of employee; effect of refusal or obstruction of examination or treatment

A. An employee who may be entitled to compensation under this chapter shall submit the employee for medical examination from time to time at a place reasonably convenient for the employee, if and when requested by the commission, the employee's employer or the insurance carrier.  A place is reasonably convenient even if it is not where the employee resides if it is the place where the employee was injured and the employer or the insurance carrier pays in advance the employee's reasonable travel expenses, including the cost of transportation, food, lodging and loss of pay, if applicable.

B. The request for the medical examination shall fix a time and place having regard to the convenience of the employee, the employee's physical condition and the employee's ability to attend.  A medical examination may be conducted via telehealth as defined in section 36-3601 with the consent of both the employee and the requesting party. The employee may have a physician present at the examination if procured and paid for by the employee.

C. If the employee refuses to submit to the medical examination or obstructs the examination, the employee's right to compensation shall be suspended until the examination has been made, and no compensation shall be payable during or for such period.

D. A physician who makes or is present at the medical examination provided by this section may be required to testify as to the result of the examination. The physician is not subject to a complaint for unprofessional conduct to the physician's licensing board if the complaint is based on a disagreement with the findings and opinions expressed by the physician as a result of the examination.

E. On appropriate application and hearing, the commission may reduce or suspend the compensation of an employee who persists in unsanitary or injurious practices tending to imperil or retard the employee's recovery or who refuses to submit to medical or surgical treatment reasonably necessary to promote the employee's recovery.

F. An employee shall be excused from attending a scheduled medical examination if the employee requests a protective order and the administrative law judge finds that the scheduled examination is unnecessary, would be cumulative or could reasonably be timely scheduled with an appropriate physician where the employee resides. If a protective order is requested, the burden is on the employer or insurance carrier to establish that a medical examination should be scheduled at a place other than where the employee resides. If an employee has left this state and the employer or insurance carrier pays in advance the employee's reasonable travel expenses, including the cost of transportation, food, lodging and loss of pay, if applicable, the employer or insurance carrier is entitled to have the employee return to this state one time a year for examination or one time following the filing of a petition to reopen.

G. If a physician performs an examination under this section and is provided data from the Arizona state board of pharmacy pursuant to title 36, chapter 28, the physician may disclose that data to the employee, employer, insurance carrier and commission.
A.R.S. § 23-326 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 326
23-326 Special licenses to work for less than minimum wage
Status: in_force

23-326. Special licenses to work for less than minimum wage

In an occupation for which minimum fair wage rates have been established, the commission may issue to a minor, including a learner or apprentice, whose earning capacity is impaired by age, physical or mental deficiency, or injury, a special license authorizing employment at wages less than the minimum fair wage rates and for a period of time fixed by the commission or the wage board which shall be stated in the license.
A.R.S. § 23-602 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 602
23-602 Definitions of words and phrases
Status: in_force

23-602. Definitions of words and phrases

The definitions of words and phrases set forth in this article shall apply throughout this chapter unless the context otherwise requires.
A.R.S. § 23-206 — Arizona Code / Title 23 / Chapter 2 / Article 1 / Section 206
23-206 Employers; accommodations required
Status: in_force

23-206. Employers; accommodations required

If an employer receives notice from an employee that the employee's sincerely held religious beliefs, practices or observances prevent the employee from taking the COVID-19 vaccination, the employer shall provide a reasonable accommodation unless the accommodation would pose an undue hardship and more than a de minimus cost to the operation of the employer's business.
A.R.S. § 23-707 — Arizona Code / Title 23 / Chapter 4 / Article 4 / Section 707
23-707 Employment security administration fund
Status: in_force

23-707. Employment security administration fund

A. A special fund known as the employment security administration fund is established.

B. All monies deposited or paid into the employment security administration fund are appropriated and made available to the commission. All monies in the fund except monies withdrawn from the unemployment trust fund under section 903 of the social security act, as amended, for payment of administrative expenses shall be expended solely for the purposes and in the amounts found necessary by the secretary of labor of the United States and the employment security commission for the proper and efficient administration of this chapter.

C. The employment security administration fund shall consist of all monies appropriated by this state and all monies received from the United States or any agency thereof, including the United States department of labor or from any other source for such purpose. Monies received from the railroad retirement board as compensation for services or facilities supplied to the board shall be paid into the fund.

D. All monies in the employment security administration fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements as provided by law for other special funds, except that monies in the employment security administration fund shall not be commingled with other state funds but shall be maintained in a separate account on the books of the depository.  The monies shall be secured by the depository in which they are held to the same extent and in the same manner as required by the general depository law of the state. Any balance in the fund shall not lapse at any time, but shall be continuously available to the commission for expenditure consistent with this chapter. Notwithstanding any provision of this chapter, all monies requisitioned from the unemployment trust fund for the payment of administrative expenses and deposited in this fund pursuant to paragraph 3 of subsection E of section 23-704 shall remain part of the unemployment compensation fund and shall be used only in accordance with the conditions specified in subsection E of section 23-704.

E. The state treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the employment security administration fund provided for under this chapter. Liability on the official bond shall exist in addition to liability upon any separate bond. All sums recovered on a surety bond for losses sustained by the employment security administration fund shall be deposited in the fund.
A.R.S. § 23-231 — Arizona Code / Title 23 / Chapter 2 / Article 3 / Section 231
23-231 Prohibited employments of persons under the age of eighteen
Status: in_force

23-231. Prohibited employments of persons under the age of eighteen

A. Unless a variance is granted pursuant to section 23-241, a person shall not employ or allow a person under the age of eighteen years to work in, about or in connection with:

1. An establishment manufacturing or storing explosives, except a retail establishment if the employment does not include any handling of explosives other than prepackaged small arms ammunition. In this paragraph "small arms ammunition" means ammunition not exceeding .60 caliber in size, shotgun shells or blasting caps.

2. Occupations as a motor vehicle driver or outside helper, except for driving incidental to employment if the person has a valid license for operation of the vehicle and either:

(a) The total driving time does not exceed two hours per day or twenty-five per cent of the work period per day.

(b) The total mileage driven is fewer than fifty miles per day.

3. Mine or quarry occupations.

4. Logging occupations.

5. Occupations involving the operation, setup, repair, adjustment, oiling or cleaning of a power-driven woodworking machine.

6. Occupations involving exposure to radioactive substances and to radiation in excess of 0.5 rem per year.

7. Occupations involving the operation or assistance in the operation of a power-driven hoist with a capacity exceeding one ton or an elevator, except operation of an automatic elevator incidental to employment.

8. Occupations involving the operation of a power-driven metal working, forming, punching or shearing machine.

9. Occupations involving slaughtering, meat packing, processing or rendering of meat or the operation, setup, repair, adjustment, oiling or cleaning of a power-driven meat processing machine.

10. Occupations involving the operation of a power-driven bakery machine.

11. Occupations involving the operation of a power-driven paper products machine.

12. Occupations involving the manufacture of clay construction products or silica refractory products.

13. Occupations involving the operation of a power-driven saw.

14. Occupations involving wrecking, demolition and ship-breaking operations.

15. Occupations involving roofing operations or equipment attached to or placed on roofs.

16. Occupations in excavation or tunnel operations, except manual excavation, backfilling or working in trenches or other penetrations of the ground surface that do not exceed two feet in depth at any point.

B. The industrial commission may by regulation declare other occupations to be dangerous to lives or limbs or injurious to the health and morals of persons under the age of eighteen years and prohibit the employment or allowance to work in, about or in connection with the occupations by such persons unless a variance is granted.
A.R.S. § 23-621 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 621
23-621 Unemployed; definition
Status: in_force

23-621. Unemployed; definition

A. An individual shall be deemed "unemployed" with respect to any week during which the individual performs no services and with respect to which no wages are payable to the individual, or with respect to any week of less than full-time work without any fault on the individual's part if the wages payable to the individual with respect to the week are less than the individual's weekly benefit amount.

B. An individual shall not be deemed "unemployed" with respect to any week of less than full-time work if the loss of full-time work is directly attributable to the fault of the individual.

C. An individual shall not be deemed "unemployed" if the individual is receiving wages in lieu of notice or severance pay. The period of time for which wages in lieu of notice or severance pay are allocable shall be determined by either of the following:

1. If there was a written contract between the employer and the claimant in effect at the time of separation, allocate to the appropriate period in accordance with the contract, continuing for the number of work days that the pay would cover at the regular wage or salary rate.

2. If no written contract was in effect at the time of separation, allocate to the appropriate period following the last day of performance of services, continuing for the number of work days that the pay would cover at the regular wage or salary rate.

D. For the purposes of this section, "severance pay" includes all amounts that an employer pays to an employee due to the employee's resignation, termination or participation in an exit incentive program or inclusion in a reduction in force or in consideration for the employee's release of actual or potential claims for the termination of employment.  Severance pay does not include any amounts that the employer pays for health benefits or pursuant to any employee benefit plan.
A.R.S. § 23-501 — Arizona Code / Title 23 / Chapter 3 / Article 1 / Section 501
23-501 Definitions
Status: in_force

23-501. Definitions

In this article, unless the context otherwise requires:

1. "Department" means the department of economic security.

2. "Director" means the director of the department.

3. "Division" means the department of economic security.

4. "Maintenance" means money payments not to exceed the estimated cost of subsistence during vocational rehabilitation.

5. "Person with a disability" means any individual who has a physical or mental disability and a substantial disadvantage to employment, which is of such a nature that vocational rehabilitation services may reasonably be expected to render the person fit to engage in a gainful occupation, including a gainful occupation which is more consistent with the person's capacities and abilities, or for whom vocational rehabilitation services are necessary for the purpose of extended evaluation to determine rehabilitation potential.

6. "Physical restoration" means medical, surgical or therapeutic treatment necessary to correct or reduce the employment disadvantage of a person with a disability and includes medical, psychiatric, dental and surgical treatment, nursing service, hospital care not to exceed ninety days, convalescent home care, drugs, medical and surgical supplies and prosthetic appliances and other related services as defined in the vocational rehabilitation act, as amended.

7. "Prosthetic appliance" means an artificial device necessary to support or take the place of a part of the body, or to increase the acuity of a sense organ.

8. "Vocational rehabilitation" or "vocational rehabilitation service" means a service determined by the director to be necessary to enable a person with a disability to engage in a remunerative occupation and includes medical and vocational diagnosis, vocational guidance, counsel and placement, rehabilitation, training, physical restoration, transportation, occupational licenses, customary occupational tools and equipment, maintenance and training books and materials, follow up, evaluation and work adjustment and other related services as defined in the vocational rehabilitation act, as amended.
A.R.S. § 23-1043.02 — Arizona Code / Title 23 / Chapter 6 / Article 8 / Section 1043.02
23-1043.02 Human immunodeficiency virus; establishing exposure; definition
Status: in_force

23-1043.02. Human immunodeficiency virus; establishing exposure; definition

A. A claim for a condition, infection, disease or disability involving or related to the human immunodeficiency virus or acquired immune deficiency syndrome shall include the occurrence of a significant exposure as defined in this section and, except as provided in subsection B of this section, shall be processed and determined under the provisions of this chapter and applicable principles of law.

B. Notwithstanding any other law, an employee who satisfies the following conditions presents a prima facie claim for a condition, infection, disease or disability involving or related to the human immunodeficiency virus or acquired immune deficiency syndrome if the medical evidence shows to a reasonable degree of medical probability that the employee sustained a significant exposure within the meaning of this section:

1. The employee's regular course of employment involves handling or exposure to blood or body fluids, other than tears, saliva or perspiration, including health care providers as defined in title 36, chapter 6, article 4, forensic laboratory workers, fire fighters, law enforcement officers, emergency medical technicians, paramedics and correctional officers.

2. Within ten calendar days after a possible significant exposure which arises out of and in the course of his employment, the employee reports in writing to the employer the details of the exposure. The employer shall notify its insurance carrier or claims processor of the report. Failure of the employer to notify the insurance carrier is not a defense to a claim by the employee.

3. The employee has blood drawn within ten days after the possible significant exposure, the blood is tested for the human immunodeficiency virus by antibody testing within thirty days after the exposure and the test results are negative.

4. The employee is tested or diagnosed, according to clinical standards established by the centers for disease control of the United States public health service, as positive for the presence of the human immunodeficiency virus within eighteen months after the date of the possible significant exposure.

C. On presentation or showing of a prima facie claim under this section, the employer may produce specific, relevant and probative evidence to dispute the underlying facts, to contest whether the exposure was significant as defined in this section, or to establish an alternative significant exposure involving the presence of the human immunodeficiency virus.

D. A person alleged to be a source of a significant exposure shall not be compelled by subpoena or other court order to release confidential human immunodeficiency virus related information either by document or by oral testimony. Evidence of the alleged source's human immunodeficiency virus status may be introduced by either party if the alleged source knowingly and willingly consents to the release of that information.

E. Notwithstanding title 36, chapter 6, article 4, medical information regarding the employee obtained by a physician or surgeon is subject to the provisions of section 23-908, subsection D.

F. The commission by rule shall prescribe requirements and forms regarding employee notification of the requirements of this section and the proper documentation of a significant exposure.

G. For the purposes of this section, "significant exposure" means contact of an employee's ruptured or broken skin or mucous membrane with a person's blood or body fluids, other than tears, saliva or perspiration, of a magnitude that the centers for disease control have epidemiologically demonstrated can result in transmission of the human immunodeficiency virus. For purposes of filing a claim under this section, significant exposure does not include sexual activity or illegal drug use.
A.R.S. § 23-639 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 639
23-639 Applicability of other articles
Status: in_force

23-639. Applicability of other articles

Except where inconsistent with the provisions of this article, as provided in the regulations of the commission, the terms and conditions of all other articles of this chapter shall apply to this article.
A.R.S. § 23-551 — Arizona Code / Title 23 / Chapter 3 / Article 3 / Section 551
23-551 Definitions
Status: in_force

23-551. Definitions

In this article, unless the context otherwise requires:

1. "Day labor" means labor or employment that is under a contract between a day labor service agency and a third party employer, that is occasional or irregular and that is for a limited time period.

2. "Day laborer" means an individual who contracts for day labor employment with a day labor service agency.

3. "Day labor service agency" means an entity that provides day laborers to third party employers and that charges the third party employers for this service.

4. "Third party employer" means a person that contracts with a day labor service agency for the employment of day laborers.
A.R.S. § 23-323 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 323
23-323 Posting of wage orders
Status: in_force

23-323. Posting of wage orders

Every employer subject to a minimum fair wage order, whether directory or mandatory, shall keep a copy of the order posted in a conspicuous place where minors are employed. Employers shall be furnished copies of orders on request without charge.
A.R.S. § 23-493.08 — Arizona Code / Title 23 / Chapter 2 / Article 14 / Section 493.08
23-493.08 Limits to causes of action
Status: in_force

23-493.08. Limits to causes of action

A. No cause of action for defamation of character, libel, slander or damage to reputation is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article unless all of the following apply:

1. The results of that test were disclosed to a person other than the employer, an authorized employee, agent or representative of the employer, the tested employee, the tested prospective employee or any other person authorized or privileged by law to receive the information.

2. The information disclosed was a false positive test result.

3. The false positive test result was disclosed negligently.

4. All elements of an action for defamation of character, libel, slander or damage to reputation as established by law are satisfied.

B. No cause of action arises in favor of any person against an employer based on the failure of the employer to establish a program or policy on substance abuse prevention or to implement drug testing or alcohol impairment testing.

C. Compliance with this article by employers is voluntary and no cause of action arises as a result of having a drug testing and alcohol impairment testing policy that is not in compliance with this article.
A.R.S. § 23-654 — Arizona Code / Title 23 / Chapter 4 / Article 2 / Section 654
23-654 Availability of records to foreign agency
Status: in_force

23-654. Availability of records to foreign agency

Records and necessary authentication thereof required in the prosecution of a criminal action brought by another state or foreign government for misrepresentation to obtain benefits under the law of this state, or for collecting amounts that the claimant is liable to repay under the law of this state, shall be made available to the agency administering the employment security law of any such state or foreign government for the purpose of prosecution and collection.
A.R.S. § 23-607 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 607
23-607 Base-period wages
Status: in_force

23-607. Base-period wages

"Base-period wages" means the wages paid to an individual during his base period for insured work.
A.R.S. § 23-626 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 626
23-626 Eligibility period
Status: in_force

23-626. Eligibility period

"Eligibility period" of an individual means the period consisting of the weeks in his benefit year under this chapter which begin in an extended benefit period; and if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.
A.R.S. § 23-612 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 612
23-612 Contributions
Status: in_force

23-612. Contributions

"Contributions" means the money payments required by this chapter to be made into the state unemployment compensation fund by an employing unit on account of having individuals in its employ.
A.R.S. § 23-929 — Arizona Code / Title 23 / Chapter 6 / Article 2 / Section 929
23-929 Enforcement of chapter
Status: in_force

23-929. Enforcement of chapter

Upon request of the commission the attorney general, or under his direction the county attorney of the proper county, shall institute and prosecute the necessary actions or proceedings for the enforcement of the provisions of this chapter, or for any penalty provided for in this chapter, and shall prosecute or defend all actions or proceedings brought by or against the commission, or the members thereof in their official capacity. The commission may compromise any action.
A.R.S. § 23-286.01 — Arizona Code / Title 23 / Chapter 2 / Article 5 / Section 286.01
23-286.01 Agricultural operations
Status: in_force

23-286.01. Agricultural operations

A driver transporting agricultural commodities or farm supplies for agricultural purposes shall not drive for any period after having been on duty sixteen hours following eight consecutive hours off duty or for any period after having been on duty for one hundred twelve hours in any consecutive seven day period except that:

1. A driver transporting special situation farm products from the field to cooling facilities or a driver transporting livestock from pasture to pasture, during one period of not more than twenty-eight consecutive days or a combination of two periods totaling not more than twenty-eight days in a calendar year, may drive for not more than twelve hours during any sixteen hour workday.

2. The director of the department of public safety, for good cause, may temporarily waive the maximum on-duty time limits applicable to any seven day period if an emergency exists due to inclement weather, natural disaster or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency.  For purposes of this paragraph, an emergency does not include a strike or labor dispute.
A.R.S. § 23-751 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 751
23-751 Authorizing certain state agencies and institutions of higher learning to elect to make payments in lieu of contributions
Status: in_force

23-751. Authorizing certain state agencies and institutions of higher learning to elect to make payments in lieu of contributions

Effective January 1, 1974, this state or any of its agencies or boards may elect to become liable for payments in lieu of contributions for a period of not less than three consecutive taxable years by filing a written notice of its election with the department not later than thirty days after written notice that such election may be made is first given to the employing unit by the department. This election is extended to the state hospitals and institutions of higher education that were subject to this chapter prior to January 1, 1974, without regard to the length of time their present method of financing has been in force.
A.R.S. § 23-701 — Arizona Code / Title 23 / Chapter 4 / Article 4 / Section 701
23-701 Unemployment compensation fund; administration; composition
Status: in_force

23-701. Unemployment compensation fund; administration; composition

A. There shall be a special fund known as the unemployment compensation fund which shall be kept separate and apart from all other public monies or funds of this state, and shall be administered by the commission exclusively for the purposes of this chapter.

B. The unemployment compensation fund shall consist of:

1. Contributions and payments in lieu of contributions collected pursuant to this chapter.

2. Interest earned upon monies in the fund.

3. Property or securities acquired through the use of monies belonging to the fund and all earnings of such property and securities.

4. All monies credited to this state's account in the unemployment trust fund pursuant to section 903 of the social security act, as amended.

5. Other monies received for the fund from any other source.

C. All monies in the unemployment compensation fund shall be commingled and undivided.
A.R.S. § 23-907 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 907
23-907 Liability of employer failing to secure compensation; defenses; presumption; right of employee to compensation under chapter; information exchange; civil penalties; settlement of disputed claim
Status: in_force

23-907. Liability of employer failing to secure compensation; defenses; presumption; right of employee to compensation under chapter; information exchange; civil penalties; settlement of disputed claim

A. Employers who are subject to and who fail to comply with section 23-961 or 23-962 shall not be entitled to the benefits of this chapter during the period of noncompliance, but shall be liable in an action under any other applicable law of the state. In such action the defendant shall not avail himself of the defenses of assumption of risk or contributory negligence. In all such actions proof of the injury shall constitute prima facie evidence of negligence on the part of the employer and the burden shall be upon the employer to show freedom from negligence resulting in the injury.

B. An employee of such an employer, or the employee's dependents in case death ensued, in lieu of proceeding against the employer by civil action in court, may file an application with the commission for compensation in accordance with this chapter, and the commission shall hear and determine the application for compensation in the manner other claims are heard and determined before the commission.  Except for a protest of compensability, an employer who protests or petitions the commission for relief of actions or determinations made by the special fund established by section 23-1065 shall be in compliance with section 23-961 or 23-962.  The employer's protest or petition shall include proof that the employer is complying with section 23-961 or 23-962.  The proof shall be either a copy of the declaration page of the workers' compensation insurance policy under section 23-961, subsection A, paragraph 1 or a notice to the commission that the employer is in good standing with the commission under section 23-961, subsection A, paragraph 2.  The compensation so determined shall be paid from the special fund to the person entitled as provided in this section.

C. The special fund may begin the payment of medical or compensation benefits on a claim which involves an employer who has failed to secure compensation as required by section 23-961 and which is processed under subsection B of this section, pending finality of a notice, a determination, an order or a finding and award on a claim, condition or other matter accepted by the special fund.  After payment begins, the payment shall not be interrupted if there is a protest, petition for hearing, request for review or appeal to a higher court by an employer unless, before a notice, determination or order is final, the special fund issues a notice, determination or order that rescinds or amends its prior action or terminates the payment of medical or compensation benefits.  Any overpayment of medical or compensation benefits that occurs shall be credited or adjusted against any future liability on the same claim.  Any overpayment of medical or compensation benefits to a claimant for a claim, condition or matter that is finally determined to be noncompensable shall be borne by the special fund.

D. The commission may spend monies from the special fund that relate to a claim under this section and shall include as part of an employer's liability under this section those expenditures for the employment or contracting of medical, rehabilitation or labor market consultants, experts or examiners that are necessary for processing and determining benefits and assisting in determining the liability of the special fund on a claim.

E. The employer shall be notified of the employer's liability to the special fund periodically and this notice shall include a ten per cent penalty of the amount expended by the special fund or a penalty of one thousand dollars, whichever is greater, plus interest on the amount expended and the penalty pursuant to section 44-1201.  The payments made from the special fund pursuant to the award plus the penalty shall act as a judgment against the employer. The commission shall file the award in the office of the clerk of the superior court in any county in the state and such award shall be entered in the civil order book and judgment docket and when so filed and entered shall be a lien for eight years from the date of the award upon the property of the employer located in the county. Execution may issue thereon within eight years in the same manner and with like effect as if the award were a judgment of the superior court. The commission may recover reasonable attorney fees incurred pursuant to this section. Any civil penalties and interest assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund and any payments and attorney fees shall be deposited in the special fund account.

F. An employer with one or more employees who is required to comply with this chapter but who fails to obtain coverage through an insurance carrier or as a self-insurer shall be subject to an action by the commission to apply to the court for an injunction which shall cause the employer to cease the operation of business until such employer complies with the provisions of law pertaining thereto.

G. The commission and other state and local governmental agencies may exchange information concerning employers who fail to comply with section 23-961 or 23-962 with other federal, state or local governmental agencies. This exchange of information shall be made only for the purpose of the valid administrative needs of the programs administered by the commission or other agencies and shall not be made for the purpose of criminal prosecution of an employer.

H. The commission may assess a civil penalty of one thousand dollars on an uninsured employer if the commission makes an award for a noncompensable claim against the employer and finds that:

1. At the time of the accident for which the claim was made the employer was subject to this chapter.

2. The employer was not insured pursuant to this chapter.

I. The commission may issue an order assessing a civil penalty of not to exceed one thousand dollars on an employer who is subject to this chapter and who is not insured pursuant to this chapter. The order is final against the employer unless the employer requests a hearing before the commission within fifteen working days after a copy of the order is mailed to the employer. The employer's request for hearing shall specify the facts and grounds that are the basis of the employer's objection to the order issued under this subsection.  Following the hearing the commission may affirm, reverse or modify its order and shall serve a copy of its decision by first class mail on the employer. An employer aggrieved by this decision may seek judicial review pursuant to title 12, chapter 7, article 6.

J. If the commission has assessed a civil penalty under this section against an employer within the previous five years for failure to secure workers' compensation as required under this chapter, the commission may assess an additional civil penalty against the employer that:

1. Does not exceed five thousand dollars for the second failure to secure the payment of compensation.

2. Does not exceed ten thousand dollars for a third or subsequent failure to secure the payment of compensation.  As an aggravating factor only, the commission may consider the economic benefit that the employer received by failing to comply with this chapter.

K. In determining the amount of the final penalty under subsection H, I or J of this section, the commission may consider any relevant factor to waive or reduce the penalty, including:

1. The history of the employer's noncompliance with section 23-961 or 23-962.

2. The history of no insurance claims filed against the employer.

3. Whether the failure to secure workers' compensation coverage was inadvertent.  For the purposes of this paragraph, "inadvertent" includes a lapse in coverage of not more than thirty days if there is a change of insurance carrier, a change of ownership or a change in the form of the business.

4. Whether the failure to secure workers' compensation coverage was because the employer was a victim of fraud, misrepresentation or gross negligence by an insurance agent or broker or by a person whom a reasonable person would believe is an insurance agent or broker.

L. Civil penalties assessed pursuant to subsections H, I and J of this section are payable to the state general fund and shall act as a judgment in the same manner as prescribed in subsection E of this section. Recovery of attorney fees and accrual of interest are the same as prescribed in subsection E of this section.

M. The commission may compromise or otherwise settle a disputed claim with an employee of an employer who is subject to and who fails to comply with section 23-961 or 23-962 by filing a notice of compromise and settlement or notice of stipulation with the presiding administrative law judge. The notice shall be served on the employer at the last known mailing address as shown on the records of the commission. The employer shall keep the commission informed of its current mailing address once the employer has been notified by the commission of the filing of a claim against the employer. If the employer does not request a hearing protesting the terms of the agreement or stipulation within ten working days of the service of the notice, the commission and the employee may execute the agreement or stipulation without the consent of the employer, subject to the approval of the presiding administrative law judge. Any payments made to the employee pursuant to this subsection shall be paid from the special fund and are subject to reimbursement and collection from the employer in the same manner as other payments made pursuant to this chapter.
A.R.S. § 23-748 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 748
23-748 Effect upon lien of transfer of assets by delinquent
Status: in_force

23-748. Effect upon lien of transfer of assets by delinquent

The transfer, through sale, exchange or otherwise, of a major portion of the assets of a delinquent employer shall not defeat or impair the lien in favor of the commission, and the person acquiring the assets shall be liable for payment of all delinquent contributions, interest or penalties owed by his predecessor in interest. In an action involving title to real or personal property against which the commission has or may claim a lien, the commission shall be made a party.
A.R.S. § 23-766 — Arizona Code / Title 23 / Chapter 4 / Article 5.1 / Section 766
23-766 Other provisions of this chapter; department regulations; applicability
Status: in_force

23-766. Other provisions of this chapter; department regulations; applicability

Except as otherwise provided by or inconsistent with this article, this chapter and department regulations apply to benefits under this article.
A.R.S. § 23-754 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 754
23-754 Production of books
Status: in_force

23-754. Production of books

If a levy has been made or is about to be made on property, or a right to property, any person having custody or control of books or records containing evidence or statements relating to the property or a right to the property subject to levy, on demand of the department, shall exhibit the books or records to the department.
A.R.S. § 23-673 — Arizona Code / Title 23 / Chapter 4 / Article 3 / Section 673
23-673 Determination of claim on unemployment due to labor dispute
Status: in_force

23-673. Determination of claim on unemployment due to labor dispute

A. In any case in which the payment or denial of benefits will be determined by section 23-777, the deputy shall proceed as provided in section 23-773. His examination of the case may be by investigation or by affording the parties reasonable opportunity for a fair hearing.

B. The determination of the deputy thereupon shall be treated for all purposes as any other determination of a deputy made pursuant to section 23-773, except that a timely appeal therefrom is removed to the appeals board.

C. If the determination appealed from was based on a fair hearing, the hearing officer may make his recommendation and the appeals board may make its decision on the basis of the evidence previously submitted.
A.R.S. § 23-1321 — Arizona Code / Title 23 / Chapter 8 / Article 2 / Section 1321
23-1321 Definitions
Status: in_force

23-1321. Definitions

In this article, unless the context otherwise requires:

1. "Concerted interference with lawful exercise of business activity" means to do either of the following by the use of force, intimidation, violence, threats of unlawful activity, destruction of the employer's real or intangible property, unlawful assembly or defamatory statements:

(a) Prevent or attempt to prevent an employer from:

(i) Lawfully engaging in any proper and lawful business activity.

(ii) Properly, lawfully or peacefully using or enjoying the employer's property that is used or useful in the conduct of the employer's business.

(iii) Acquiring materials or supplies for the purposes of the employer's business.

(iv) Disposing of the goods, wares or products of the employer's business.

(b) Cause or induce a breach or termination of a known contractual relationship or known business expectancy for an improper purpose which results in damage to the employer.

2. "Labor organization" means an organization of any kind, or an agency or employee representation committee or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment. For the purpose of this article the word "employee" or "employees" does not include persons having supervisory authority, professional or confidential employees, guards or persons employed in personnel departments.

3. "Person" includes a natural person, a corporation, association, company, firm or labor organization.

4. "Secondary boycott" means:

(a) A combination or conspiracy by two or more persons, by a strike, threat to strike, picketing, threat to picket, violence, threat of violence, or by concerted refusal or threat of concerted refusal, to process, install, service, handle, transport or otherwise deal with specified articles, materials or services, to force or require a person to cease or partially to cease processing, installing, servicing, selling, handling or transporting the products of or selling to or otherwise dealing with any other person for the purpose of forcing or requiring such other person to recognize, bargain with or comply with the demands of a labor organization, or for the reason that such other person has in his employ persons who are not members of a labor organization or is not himself a member of a labor organization, or for the reason that such other person uses goods, materials or services considered objectionable by a labor organization.

(b) An act, combination or agreement which directly or indirectly causes, induces or compels another to strike, threaten to strike, picket, threaten to picket, commit violence, threaten to commit violence, refuse to or threaten to refuse to process, install, service, handle, transport or otherwise deal with specified articles, materials or services, to force or require a person to cease or partially to cease processing, installing, servicing, selling, handling or transporting the products of, or selling to or otherwise dealing with any other person for the purpose of forcing or requiring such other person to recognize, bargain with or comply with the demands of a labor organization, or for the reason that such other person has in his employ persons who are not members of a labor organization, or is not himself a member of a labor organization, or for the reason that such other person uses goods, materials or services considered objectionable by a labor organization.

5. "Trespassory assembly" means knowingly entering or unlawfully remaining on any property in violation of section 13-1502, 13-1503 or 13-1504.

6. "Unlawful mass assembly" means a violation of section 23-1327.

7. "Unlawful picketing" means a violation of section 23-1322.
A.R.S. § 23-725 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 725
23-725 Employer coverage; termination; election of coverage
Status: in_force

23-725. Employer coverage; termination; election of coverage

A. Except as provided in subsections D and E of this section, an employing unit that is or becomes an employer subject to the provisions of this chapter within any calendar year shall be deemed an employer during the whole of the calendar year.

B. Except as otherwise provided in subsections D, E, F, G and H of this section, an employing unit shall cease to be an employer subject to this chapter:

1. As of the first day of January of any calendar year:

(a) If the department finds that during the preceding calendar year the employing unit ceased all operations for a period of thirty-five weeks and did not in any calendar quarter in the preceding calendar year pay wages for employment amounting to one thousand five hundred dollars or more, or

(b) If the employing unit files with the department within the period from January 1 through March 31 of the year a written application for termination of coverage and the department finds that during the preceding calendar year the employing unit did not have one or more individuals in employment in twenty separate weeks and did not pay wages for employment amounting to at least one thousand five hundred dollars during any calendar quarter in the preceding calendar year.

2. On the transfer date of an employer experience rating account resulting from transfer by an employing unit of its organization, trade or business, or substantially all the assets an employing unit, to a successor.

C. For the purposes of subsection B of this section, the two or more employing units mentioned in section 23-613, subsection A, paragraph 3, 4 or 5 shall be treated as a single employing unit.

D. An employing unit, not otherwise subject to this chapter, that files with the department its written election to become an employer subject to this chapter for not less than two calendar years, shall with the written approval of the election by the department, become an employer subject to this chapter to the same extent as all other employers, as of the date stated in the approval, and shall cease to be subject to this chapter as of January 1 of any calendar year subsequent to the two calendar years, only if within the period from January 1 through March 31 of that year it has filed with the department a written notice to that effect.

E. Any employing unit for which services that do not constitute employment as defined in this chapter are performed, may file with the department a written election that all such services, with respect to which payments are not required under an employment security law of any other state or of the federal government, and that are performed by individuals in its employ in one or more distinct establishments or places of business, shall be deemed to constitute employment by an employer for all the purposes of this chapter for at least two calendar years. On the written approval of the election by the department, the services shall be deemed to constitute employment subject to this chapter from and after the date stated in the approval. The services shall cease to be deemed employment subject to this chapter as of January 1 of any calendar year subsequent to the two calendar years, only if within the period from January 1 through March 31 of that year the employing unit has filed with the department a written notice to that effect.

F. Any employing unit that became an employer by reason of section 23-613, subsection A, paragraph 2, subdivision (c) because of services defined as employment under section 23-615, subsection A, paragraph 7, shall cease to be an employer subject to this chapter as of the first day of January of any calendar year if either of the following:

1. The department finds that the employing unit ceased all operations for a period of thirty-five weeks in the preceding calendar year.

2. The employing unit files with the department within the period from January 1 through March 31 of the year a written application for termination of coverage and the department finds that there were not twenty separate days, each day being in a separate calendar week within the preceding calendar year, within which the employing unit employed four or more individuals in employment subject to this chapter.

G. Any employing unit that is an employer solely by reason of section 23-613, subsection B, shall cease to be an employer subject to this chapter as of the first day of January of any calendar year if either of the following are true:

1. The department finds that during the preceding calendar year the employing unit ceased all operations for a period of thirty-five weeks and did not in any calendar quarter in the preceding calendar year pay wages for agricultural labor amounting to at least twenty thousand dollars.

2. The employing unit files with the department within the period from January 1 through March 31 of the year a written application for termination of coverage and the department finds that during the preceding calendar year the employing unit did not have at least ten individuals employed in agricultural labor in twenty separate weeks and did not pay wages for agricultural labor amounting to at least twenty thousand dollars during any calendar quarter in the preceding calendar year.

H. Any employing unit that is an employer solely by reason of section 23-613, subsection C, shall cease to be an employer subject to this chapter as of January 1 of any calendar year if the employing unit files with the department within the period from January 1 through March 31 of that year a written application for termination of coverage and the department finds that the employing unit did not pay wages for domestic service in a private home, local college club, or local chapter of a college fraternity or sorority amounting to at least one thousand dollars during any calendar quarter in the preceding calendar year.

I. The time limitation for filing of written application for termination of coverage prescribed in subsections B, F, G and H of this section may be waived by the department if the time limitation has expired prior to the date on which a determination of liability that the employing unit is subject to this chapter has been made as provided in section 23-724.
A.R.S. § 23-1041 — Arizona Code / Title 23 / Chapter 6 / Article 8 / Section 1041
23-1041 Basis for computing compensation; definition
Status: in_force

23-1041. Basis for computing compensation; definition

A. Every employee of an employer within the provisions of this chapter who is injured by accident arising out of and in the course of employment, or the employee's dependents in the event of the employee's death, shall receive the compensation fixed in this chapter on the basis of the employee's average monthly wage at the time of injury.

B. If the injured or killed employee has not been continuously employed for the period of thirty days immediately preceding the injury or death, the average monthly wage shall be such amount as, having regard to the previous wage of the injured employee or of other employees of the same or most similar class working in the same or most similar employment in the same or neighboring locality, reasonably represents the monthly earning capacity of the injured employee in the employment in which the injured employee is working at the time of the accident.

C. If the employee is working under a contract by which the employee is guaranteed an amount per diem or per month, notwithstanding the contract price for such labor, the employee or the employee's subordinates or employees working under the terms of such contract or the employee's or their dependents in case of death shall be entitled to receive compensation on the basis only of the guaranteed wage as set out in the contract of employment, whether paid on a per diem or monthly basis, but in no event shall the basis be less than the wages paid to employees for similar work not under contract.

D. Notwithstanding any other provision of this chapter, in computing the average monthly wage there shall be excluded from such computation all wages or other compensation for services in excess of:

1. One thousand three hundred twenty-five dollars per month for employees injured before January 1, 1988.

2. One thousand six hundred fifty dollars per month for employees injured from and after December 31, 1987 but before July 1, 1989.

3. One thousand eight hundred dollars per month for employees injured from and after June 30, 1989 but before July 1, 1991.

4. Two thousand one hundred dollars per month for employees injured from and after June 30, 1991 but before August 6, 1999.

5. Two thousand four hundred dollars per month for employees injured on or after August 6, 1999 but before January 1, 2008.

6. Three thousand dollars per month for employees injured from and after December 31, 2007 but before January 1, 2009.

7. Three thousand six hundred dollars per month for employees injured from and after December 31, 2008 but before January 1, 2010.

8. The amount adopted by the commission under subsection E for employees injured on or after January 1, 2010.

E. For purposes of subsection D, paragraph 8, the commission, not later than August 1 of each calendar year, beginning August 1, 2009, shall adopt an amount that adjusts the amount from the prior year to reflect the annual percentage increase in the bureau of labor statistics employment cost index for the prior calendar year.  The amount adopted by the commission shall be effective for the following calendar year and shall apply to all injuries occurring during that calendar year.  In adopting the amount under this subsection, the commission shall not decrease the amount from the prior year or increase the amount more than five per cent from the prior year.

F. Prior to a determination of the average monthly wage, compensation shall be paid on a basis of a minimum monthly wage of two hundred dollars for employees eighteen years of age or over.

G. For the purposes of this section, "monthly wage" means the average wage paid during and over the month in which the employee is killed or injured.
A.R.S. § 23-901.03 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 901.03
23-901.03 Appointment of committee of medical consultants for claims; qualifications, powers, duties and compensation
Status: in_force

23-901.03. Appointment of committee of medical consultants for claims; qualifications, powers, duties and compensation

A. For each case submitted by a claimant for compensation the commission may, or if requested by an interested party shall, appoint a committee of expert consultants on occupational diseases, three licensed physicians in good professional standing, each of whom shall have had at the time of appointment, and immediately prior thereto, at least five years' practice in the diagnosis, care and treatment of the particular disease or diseases for which the claim is submitted and the interpretation of x-ray films thereof.

B. The Arizona state medical association may, at least annually, certify to the commission the names of all licensed physicians within the state who have the qualifications specified in this section, and if such certification is made, then the appointment shall be made from the list so certified by the medical association.

C. There also shall be appointed by the commission an industrial hygienist to serve as an advisor to the committee. Such industrial hygienist shall render reports to the committee when asked to do so by the committee or the commission.

D. After filing a claim for compensation under this chapter for an occupational disease, the commission may, or if requested by an interested party shall, direct an examination of and report upon the claimant by the committee of expert consultants, or one of them, including such x-ray and other pathological examinations and tests as in their opinion may be necessary for the purpose of determining diagnosis, disablement, causal relation to the employment and the nature and type of medical treatment, hospitalization and other care required. If the claim is not controverted as to any medical fact, the examination and report of one member of the committee shall be deemed the examination and report of the committee. If the claim is controverted as to any medical fact, the report shall be made by the full committee after a physical examination by at least one member thereof. The findings and opinions of a majority of the committee shall constitute the findings and opinion of the committee. The contents of the report of the committee when placed in the record shall constitute prima facie evidence of fact as to the matter contained therein. The committee or any member thereof making the report shall be subject to examination upon demand of any interested party. Copies of the report shall be sent to all parties interested.

E. The committee, or any member thereof, in order to assist in reaching a conclusion may require the attending physician or director of a hospital or sanitarium or other place in which treatment or care is being given, or has been given, to attend at a convenient time and place to consult with the committee or any member thereof, and describe the nature and type of care and treatment and furnish any other evidence which the committee, or any member thereof, desires.

F. When a claim for death benefits is filed, the committee may examine all available evidence pertaining to the claim and may make findings and report thereon. The report shall constitute prima facie evidence of fact as to the matters contained therein.

G. The commission upon the application of an interested party shall direct the committee or a member thereof, to make examinations of claimants, review the findings of special medical examiners, read and review the files of compensation cases when necessary and render to the commission an opinion as to the findings in such cases.

H. The commission shall fix the compensation of the members of the committees and advisors for services rendered which shall be paid from the administrative fund.
A.R.S. § 23-780 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 780
23-780 Duration and amount of benefits; definition
Status: in_force

23-780. Duration and amount of benefits; definition

A. An otherwise eligible individual is entitled during a benefit year to a total amount of benefits equal to:

1. Twenty-six times the individual's weekly benefit amount if the unemployment rate in the prior calendar quarter is five percent or more.

2. Twenty-four times the individual's weekly benefit amount if the unemployment rate in the prior calendar quarter is less than five percent.

B. Notwithstanding subsection A of this section, an individual may not receive more than one-third of the individual's base period earnings in a benefit year.

C. For the purposes of this section, "unemployment rate in the prior calendar quarter" means the average of the seasonally adjusted unemployment rates for the three months of the most recently published calendar year quarter as published by the office of economic opportunity.
A.R.S. § 23-1384 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1384
23-1384 Rights of employer
Status: in_force

23-1384. Rights of employer

An agricultural employer has the following management rights:

1. To manage, control and conduct his operations, including but not limited to the number of farms and their locations, methods of carrying on any operation or practices, kinds of crops, time of work, size and makeup of crews, assignment of work and places of work.

2. To hire, suspend, discharge or transfer employees in accordance with his judgment of their ability.

3. To determine the type of equipment or machinery to be used, the standards and quality of work, and the wages, hours and conditions of work. The terms of employment relating to wages, hours, conditions of work and matters of worker safety, sanitation, health and the establishment of grievance procedures directly relating to a job are subject to negotiation.

4. To work on his own farm in any capacity at any time.

5. To join or refuse to join any labor organization or employer organization.
A.R.S. § 23-375 — Arizona Code / Title 23 / Chapter 2 / Article 8.1 / Section 375
23-375 Notice
Status: in_force

23-375. Notice

(Caution:  1998 Prop. 105 applies)

A. Employers shall give employees written notice of the following at the commencement of employment or by July 1, 2017, whichever is later: employees are entitled to earned paid sick time and the amount of earned paid sick time, the terms of its use guaranteed under this article, that retaliation against employees who request or use earned paid sick time is prohibited, that each employee has the right to file a complaint if earned paid sick time as required by this article is denied by the employer or the employee is subjected to retaliation for requesting or taking earned paid sick time, and the contact information for the commission where questions about rights and responsibilities under this article can be answered.

B. The notice required in subsection A shall be in English, Spanish, and any language that is deemed appropriate by the commission.

C. The amount of earned paid sick time available to the employee, the amount of earned paid sick time taken by the employee to date in the year and the amount of pay the employee has received as earned paid sick time shall be recorded in, or on an attachment to, the employee's regular paycheck.

D. The commission shall create and make available to employers, in English, Spanish, and any language deemed appropriate by the commission, model notices that contain the information required under subsection A for employers' use in complying with subsection A.

E. An employer who violates the notice requirements of this section shall be subject to a civil penalty according to section 23-364(F), Arizona Revised Statutes.
A.R.S. § 23-237 — Arizona Code / Title 23 / Chapter 2 / Article 3 / Section 237
23-237 Hearings on cease and desist orders
Status: in_force

23-237. Hearings on cease and desist orders

A. A cease and desist order issued by the commission shall become final upon the expiration of the time during which a request for a hearing may be made pursuant to section 23-236 unless the person or persons named in such order have made a timely request for a hearing before the commission. The commission may refer the request for hearing to an administrative law judge for the conduct of the hearing. If a hearing is requested, the hearing shall be held thirty days from receipt of the request unless such time is extended by the commission or the administrative law judge to which it is assigned. Written notice of the time and place of the hearing shall be sent by the commission or the administrative law judge to the person or persons requesting the hearing at least fifteen days before the hearing. Such hearing shall be conducted pursuant to title 41, chapter 6, article 6.

B. If the commission, after the hearing, determines that the act or acts set forth in the cease and desist order constitute a violation of any provision of this article or of the rules adopted pursuant to this article, the commission shall affirm or modify the order accordingly.

C. The order issued by the commission after the hearing is final unless within thirty days after the date of mailing of a copy of such order to the person named in the order such person applies to the court of appeals for a writ of certiorari pursuant to section 23-951. The order shall contain a statement of this right of appeal.
A.R.S. § 23-491.01 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.01
23-491.01 Administration
Status: in_force

23-491.01. Administration

The division shall administer the provisions of this article.
A.R.S. § 23-612.01 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 612.01
23-612.01 Crew leader
Status: in_force

23-612.01. Crew leader

A. "Crew leader" means an individual who does all of the following:

1. Furnishes individuals to perform agricultural labor for any other person or employing unit.

2. Pays (either on his behalf or on behalf of such other person or employing unit) the individuals furnished by him for the agricultural labor performed by them.

3. Has not entered into a written agreement with such other person or employing unit under which such individual is designated as an employee of such other person or employing unit.

B. Any individual who is a member of a crew furnished by a crew leader to perform agricultural labor for any other person or employing unit shall be treated as an employee of such crew leader if such individual's services do not constitute employment for such other person or employing unit pursuant to any other provision of this chapter and either:

1. Such crew leader holds a valid certificate of registration under the migrant and seasonal agricultural worker protection act.

2. Substantially all the members of such crew operate or maintain tractors, mechanized harvesting or crop-dusting equipment, or any other mechanized equipment, which is provided by such crew leader.

C. In the case of any individual who is furnished by a crew leader to perform agricultural labor for any other person or employing unit and who is not treated as an employee of such crew leader under subsection B both of the following apply:

1. Such other person or employing unit and not the crew leader shall be treated as the employer of such individual.

2. Such other person or employing unit shall be treated as having paid cash remuneration to such individual in an amount equal to the amount of cash remuneration paid to such individual by the crew leader (either on his behalf or on behalf of such other person or employing unit) for the agricultural labor performed for such other person or employing unit.
A.R.S. § 23-757 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 757
23-757 Authority to release levy and return property
Status: in_force

23-757. Authority to release levy and return property

A. The department may release the levy on all or a part of the property or rights to property levied on if the department determines that this action will facilitate the collection of the liability. The release shall not operate to prevent any subsequent levy.

B. If the department determines that property has been wrongfully levied on, the department may return:

1. The specific property levied on.

2. An amount of money equal to the amount of money levied on.

3. An amount of money equal to the amount of money received by the department from a sale of the property.

C. Property may be returned at any time. An amount equal to the amount of money levied on or received from the sale may be returned at any time before the expiration of nine months after the date of the levy.
A.R.S. § 23-321 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 321
23-321 Report of wage board; action by commission
Status: in_force

23-321. Report of wage board; action by commission

A. Within ten days after its organization a wage board shall submit a report which shall include its recommendations of minimum fair wage standards for minors in the occupations the wage board was appointed to investigate. If the report is not submitted within ten days, the commission shall appoint a new wage board.

B. A report from a wage board submitted to the commission shall be accepted or rejected by the commission within ten days after its submission. If the report is rejected, the commission shall resubmit the matter to the same wage board or to a new wage board with a statement of reasons for resubmission.
A.R.S. § 23-417 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 417
23-417 Enforcement procedure
Status: in_force

23-417. Enforcement procedure

A. If the director, following an inspection or investigation, issues a citation pursuant to section 23-415 the director, within a reasonable time after termination of the inspection or investigation, shall notify the employer by mail of any penalty proposed to be assessed pursuant to section 23-418 and that the employer has fifteen working days within which to notify the director in writing if the employer wishes to contest the citation or proposed assessment of penalty. If the employer fails to notify the director in writing within fifteen working days of receipt of the notice that the employer intends to contest the citation or penalty and a notice is not filed by any employee or representative of employees pursuant to subsection D of this section within such time, the citation and the assessment, as proposed, shall be a final order of the commission and not subject to review by any court or agency, except that the director may excuse any late notification to contest a citation only if the employer to whom the notice was sent shows by clear and convincing evidence that the notice was not received.

B. The period allowed for correction of a violation shall not begin to run until the entry of a final order in the case of any review proceedings pursuant to this section initiated by the employer in good faith and not solely for delay or avoidance of penalties. If the division has reason to believe an employer has failed to correct a violation for which a citation has been issued within the period allowed, the director shall notify the employer by mail of such failure, of the penalty proposed to be assessed pursuant to section 23-418 and that the employer has fifteen working days within which to notify the director in writing if the employer wishes to contest the notification or proposed assessment of penalty. If the employer fails to notify the director in writing within fifteen working days of receipt of the notice that the employer intends to contest the notice or penalty, the notice and assessment, as proposed, shall be deemed a final order of the commission and not subject to review by any court or agency.

C. Any employer who corrects the violations for which a citation was issued within the period allowed shall so notify the director in writing.

D. Any affected employee or employee representative may request a hearing to appeal the period allowed an employer to abate a particular violation pursuant to section 23-420 if the affected employee or employee representative files the appeal with the director within the abatement period allowed in the citation or within fifteen days after the date of receipt of the citation, whichever is shorter.

E. On a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that abatement has not been completed because of factors beyond the reasonable control of the employer, the commission or its authorized designee, after an opportunity for a hearing as provided in section 23-420, shall issue an order affirming or modifying the abatement requirements in such citation. The rules of procedure prescribed by the commission shall provide affected employees or representatives of affected employees an opportunity to participate as parties to hearings under this subsection.
A.R.S. § 23-102 — Arizona Code / Title 23 / Chapter 1 / Article 1 / Section 102
23-102 Payment of salaries of commissioners
Status: in_force

23-102. Payment of salaries of commissioners

The salaries of members of the commission shall be paid by the administrative fund.
A.R.S. § 23-722.03 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 722.03
23-722.03 Memorandum of understanding; retention; use; definition
Status: in_force

23-722.03. Memorandum of understanding; retention; use; definition

A. The department shall enter into a memorandum of understanding with the office of economic opportunity to establish workforce data stewardship pursuant to section 41-5403 to support the evaluation of workforce and education programs and the development of labor market information.

B. The department of economic security, the department of education and the office of economic opportunity shall notify all applicants of and participants in workforce innovation and opportunity act (P.L. 113-128; 128 Stat. 1425) programs for which this state has reporting, monitoring or evaluation responsibilities that information obtained on application and during participation may be used to evaluate program effectiveness and to conduct research of the labor market.

C. All workforce evaluation system research products produced with the use of unemployment insurance information must be submitted to the office of economic opportunity for archival purposes. Research products that do not contain personally identifiable information must be made available to the public, and the secretary of state shall hold this information for long-term retention.

D. For the purposes of this section, "research products" means the statistical analyses and reports that are produced by state entities with the use of unemployment insurance information pursuant to section 23-722.04
A.R.S. § 23-604 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 604
23-604 Annual payroll and average annual payroll
Status: in_force

23-604. Annual payroll and average annual payroll

A. "Annual payroll" means the total amount of wages for employment paid by an employer during a twelve-month period ending on June 30 of any calendar year.

B. In computing an employer's contribution rate, "average annual payroll" means:

1. The annual payroll for the twelve-month period immediately preceding the computation date for an employer whose account has been chargeable with benefits for twelve but less than twenty-four months.

2. The average of the annual payrolls for the last two twelve-month periods immediately preceding the computation date for an employer whose account has been chargeable with benefits for twenty-four but less than thirty-six months.

3. The average of the annual payrolls for the last three twelve-month periods immediately preceding the computation date for an employer whose account has been chargeable with benefits for thirty-six or more months.

C. "Computation date" means July 1 of each calendar year with respect to rates of contribution applicable to the calendar year beginning with the following January 1.
A.R.S. § 23-752 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 752
23-752 Levy assessment and distraint
Status: in_force

23-752. Levy assessment and distraint

A. If a debtor who is liable to pay any contributions, payments in lieu of contributions, interest or penalties neglects or refuses to pay the amounts, the department may collect the amounts, and other monies sufficient to cover the expenses of the levy, by levy on all property and rights to property, except property which is exempt under section 23-755, belonging to the debtor or on which there is a lien as provided in section 23-745 for the payment of the amounts. Levy may be made on the accrued salary or wages of any officer, employee or elected official of this state or its political subdivisions, or any agency or instrumentality of this state or its political subdivisions, by serving a notice of levy on the department of administration in the case of state wages or salaries and on the chief disbursing officer of a political subdivision of this state in the case of wages or salaries paid by a political subdivision.

B. In lieu of seizure and sale under the provisions of this section and section 23-756, the department may direct the sheriff of any county in this state to execute the levy in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.

C. If any property or right to property on which a levy has been made under subsection A of this section is not sufficient to satisfy the claim of the department for which the levy is made, the department, as often as necessary, may proceed to levy in a like manner on any other property liable to levy of the debtor against whom the claim exists, until the amount due, together with all expenses, is fully paid.

D. The effect of a levy on salary or wages payable to or received by a debtor is continuous from the date the levy is first made until the liability out of which the levy arose is satisfied or becomes unenforceable.

E. With respect to a levy described in subsection D of this section, the department shall promptly release the levy when the liability out of which the levy arose is satisfied or becomes unenforceable and shall promptly notify the person on whom the levy was made that the levy has been released.

F. Except as provided in subsection D or E of this section, a levy extends only to property possessed and obligations existing at the time of the levy. If the department levies on property or rights to property, it may seize and sell the property or rights to property, whether it is real or personal or tangible or intangible property.

G. A levy may be made under subsection A of this section on the salary or wages or other property of a debtor with respect to any unpaid amounts only after the department has notified the debtor in writing of its intention to levy. The notice of intent to levy shall be given in person, left at the dwelling or usual place of business of the debtor or sent by certified mail to the debtor's last known address no less than ten days before the day of the levy.

H. The department shall include with each levy information as to the property exempt from levy provided in section 23-755.
A.R.S. § 23-1043.01 — Arizona Code / Title 23 / Chapter 6 / Article 8 / Section 1043.01
23-1043.01 Heart-related and mental cases
Status: in_force

23-1043.01. Heart-related and mental cases

A. A heart-related or perivascular injury, illness or death shall not be considered a personal injury by accident arising out of and in the course of employment and is not compensable pursuant to this chapter unless some injury, stress or exertion related to the employment was a substantial contributing cause of the heart-related or perivascular injury, illness or death.

B. A mental injury, illness or condition shall not be considered a personal injury by accident arising out of and in the course of employment and is not compensable pursuant to this chapter unless some unexpected, unusual or extraordinary stress related to the employment or some physical injury related to the employment was a substantial contributing cause of the mental injury, illness or condition.

C. If compensation is payable for a heart-related or perivascular injury, illness or death, or for a mental injury, illness or condition, the only employer liable is the employee's last employer in whose employment the requirements of subsection A or B are met.
A.R.S. § 23-109 — Arizona Code / Title 23 / Chapter 1 / Article 1 / Section 109
23-109 Gifts and grants
Status: in_force

23-109. Gifts and grants

The industrial commission may accept and expend public and private gifts and grants for the conduct of programs which are consistent with the overall purposes and objectives of the commission.
A.R.S. § 23-211 — Arizona Code / Title 23 / Chapter 2 / Article 2 / Section 211
23-211 Definitions
Status: in_force

23-211. Definitions

In this article, unless the context otherwise requires:

1. "Agency" means any agency, department, board or commission of this state or a county, city or town that issues a license for purposes of operating a business in this state.

2. "Employ" means hiring an employee after December 31, 2007.

3. "Employee":

(a) Means any person who provides services or labor for an employer in this state for wages or other remuneration.

(b) Does not include an independent contractor.

4. "Employer" means any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and that employs one or more employees in this state. Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses the contract labor.

5. "E-verify program" means the employment verification program as jointly administered by the United States department of homeland security and the social security administration or any of its successor programs.

6. "Independent contractor" means any individual or entity that carries on an independent business, that contracts to do a piece of work according to the individual's or entity's own means and methods and that is subject to control only as to results.  Whether an individual or entity is an independent contractor is determined on a case-by-case basis through various factors, including whether the individual or entity:

(a) Supplies the tools or materials.

(b) Makes services available to the general public.

(c) Works or may work for a number of clients at the same time.

(d) Has an opportunity for profit or loss as a result of labor or service provided.

(e) Invests in the facilities for work.

(f) Directs the order or sequence in which the work is completed.

(g) Determines the hours when the work is completed.

7. "Intentionally" has the same meaning prescribed in section 13-105.

8. "Knowingly employ an unauthorized alien" means the actions described in 8 United States Code section 1324a. This term shall be interpreted consistently with 8 United States Code section 1324a and any applicable federal rules and regulations.

9. "License":

(a) Means any agency permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating a business in this state.

(b) Includes:

(i) Articles of incorporation under title 10.

(ii) A certificate of partnership, a partnership registration or articles of organization under title 29.

(iii) A grant of authority issued under title 10, chapter 15.

(iv) Any transaction privilege tax license.

(c) Does not include:

(i) Any license issued pursuant to title 45 or 49 or rules adopted pursuant to those titles.

(ii) Any professional license.

10. "Unauthorized alien" means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States Code section 1324a(h)(3).
A.R.S. § 23-1304 — Arizona Code / Title 23 / Chapter 8 / Article 1 / Section 1304
23-1304 Prohibition of threatened or actual interference with a person, his family or property to compel him to join labor organization, strike or leave employment
Status: in_force

23-1304. Prohibition of threatened or actual interference with a person, his family or property to compel him to join labor organization, strike or leave employment

It is unlawful for an employee, labor organization, or officer, agent or member thereof, by any threatened or actual interference with the person, his immediate family or his property, to compel or attempt to compel such person to join a labor organization, to strike against his will or to leave his employment.
A.R.S. § 23-805 — Arizona Code / Title 23 / Chapter 5 / Article 1 / Section 805
23-805 Right of action for damages; two-year limitation
Status: in_force

23-805. Right of action for damages; two-year limitation

A. When in the course of work in any of the employments or occupations enumerated in section 23-803, personal injury or death by an accident arising out of and in the course of such labor, service and employment, and due to a condition or conditions of such occupation or employment, is caused to or suffered by a workman engaged therein, in all cases in which the injury or death of the employee is not caused by the negligence of the employee killed or injured, the employer is liable in damages to the employee injured or, in case death ensues, to the personal representative of the deceased for the benefit of the surviving widow or husband and children of the employee or, if none, then to the employee's parents or, if none, then to the next of kin dependent upon the employee or, if none, then to his personal representative for the benefit of the estate of the deceased.

B. The action shall not be maintained unless commenced within two years from the day the claim or cause of action accrued.
A.R.S. § 23-482 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 482
23-482 Time for compliance with order; extension of time; effect of orders
Status: in_force

23-482. Time for compliance with order; extension of time; effect of orders

A. The commission shall, upon application of any employer, grant such time as reasonably necessary for compliance with an order. A person may petition 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. § 23-493.02 — Arizona Code / Title 23 / Chapter 2 / Article 14 / Section 493.02
23-493.02 Scheduling of tests
Status: in_force

23-493.02. Scheduling of tests

Regarding the timing and cost of drug tests and alcohol impairment tests, and in order for an employer to qualify for the benefits of this article:

1. Any drug testing or alcohol impairment testing by an employer of employees normally shall occur during, or immediately before or after, a regular work period. The testing by an employer shall be deemed work time for the purposes of compensation and benefits for current employees.

2. An employer shall pay all actual costs for drug testing and alcohol impairment testing required of employees by the employer. An employer may, at its discretion, pay the costs for drug testing of prospective employees.

3. An employer shall pay reasonable transportation costs to current employees if their required tests are conducted at a location other than the employee's normal work site.
A.R.S. § 23-782 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 782
23-782 Payment of benefits
Status: in_force

23-782. Payment of benefits

All benefits provided by this chapter shall be payable from the unemployment compensation fund. All benefits shall be paid through offices of the department of economic security.
A.R.S. § 23-377 — Arizona Code / Title 23 / Chapter 2 / Article 8.1 / Section 377
23-377 Confidentiality and nondisclosure
Status: in_force

23-377. Confidentiality and nondisclosure

(Caution:  1998 Prop. 105 applies)

An employer may not require disclosure of details relating to domestic violence, sexual violence, abuse or stalking or the details of an employee's or an employee's family member's health information as a condition of providing earned paid sick time under this article.  If an employer possesses health information or information pertaining to domestic violence, sexual violence, abuse or stalking about an employee or employee's family member, such information shall be treated as confidential and not disclosed except to the affected employee or with the permission of the affected employee.
A.R.S. § 23-201 — Arizona Code / Title 23 / Chapter 2 / Article 1 / Section 201
23-201 Obtaining labor by false pretenses; civil liability; classification
Status: in_force

23-201. Obtaining labor by false pretenses; civil liability; classification

A. A person who employs for wages any person in any occupation, and who at the time of employing him does not have sufficient assets within the county in which the work or labor is to be performed over and above all exemptions allowed by law to cover the amount of wages accruing to the employee for the term of two weeks, and who makes false representations or pretenses as to having such assets, and after labor has been done by the employee under such employment, fails, upon the employee's discharge or resignation, or for a period of five days after the wages are payable, to pay the employee, on demand, the wages due, is guilty of obtaining labor under false pretenses.

B. Upon conviction, and in the same proceeding, judgment shall be rendered in favor of the employee and against the employer for all wages unpaid, together with a reasonable attorney's fee to be fixed by the court. The judgment shall also include compensation to the employee at the same rate at which the wages were agreed to be paid, from the time they became due until the judgment is satisfied.

C. The judgment shall be a first and prior lien against the property of the employer upon which the work and labor was performed.

D. Obtaining labor under false pretenses is a class 1 misdemeanor.
A.R.S. § 23-477 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 477
23-477 Notice requesting investigation
Status: in_force

23-477. Notice requesting investigation

A. Any person may make a request for an investigation by the division into alleged violations of section 23-473 by giving notice to the director or the director's authorized representative of such violation or danger. Such notice shall be reduced to writing, set forth with reasonable particularity the grounds for the notice and be signed.

B. If upon receipt of such notification the director determines that there are reasonable grounds to believe that such violation or danger exists, the director shall make an investigation pursuant to this article as soon as practicable to determine if such 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 requesting party in writing of such determination.
A.R.S. § 23-488 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 488
23-488 Division inspection service
Status: in_force

23-488. Division inspection service

A. The division may enter into agreements to provide inspection services during the manufacture, assembly, erection, or repair of boilers, pressure vessels, lined hot water heaters or any appurtenant components to such boilers, pressure vessels or heaters whenever such inspections are requested by holders of authorized symbols of American society of mechanical engineers or the national board of boiler and pressure vessel inspectors.

B. The commission, through the division, may fix and collect inspection fees that shall be determined on the basis of an hourly rate for inspection plus reimbursement for actual expenses incurred, provided that no hourly rate for inspection shall exceed thirty dollars per hour.

C. The commission shall deposit, pursuant to sections 35-146 and 35-147, all fees received in the state general fund.
A.R.S. § 23-776 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 776
23-776 Disqualification from benefits for failure to accept suitable work or actively seek work; exceptions
Status: in_force

23-776. Disqualification from benefits for failure to accept suitable work or actively seek work; exceptions

A. An individual shall be disqualified for benefits if the department finds the individual has failed without cause either to apply for available, suitable work, when so directed by the employment office or the department, to actively engage in seeking work, to accept suitable work when offered or to return to the individual's customary self-employment when so directed by the department. The disqualification shall begin with the week in which the failure occurred and shall continue for the duration of the individual's unemployment and until the individual has earned wages in an amount equivalent to eight times the individual's weekly benefit amount otherwise payable.

B. In determining whether or not work is suitable for an individual:

1. During the first four weeks of a benefit period, the department shall consider the degree of risk involved to the individual's health, safety and morals, the individual's physical fitness and prior training, the individual's experience and prior earnings, the individual's length of unemployment and prospects for securing local work in the individual's customary occupation and the distance of the available work from the individual's residence.

2. After the first four weeks of a benefit period, the department shall consider any employment offer that pays one hundred twenty percent of the individual's weekly benefit amount to be suitable work.

C. Notwithstanding any other provisions of this chapter, work shall not be deemed suitable and benefits shall not be denied under this chapter to an otherwise eligible individual for refusing to accept new work under any of the following conditions:

1. The position offered is vacant due directly to a strike, lockout or other labor dispute.

2. The wages, hours or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.

3. As a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining a bona fide labor organization.

D. An individual is considered to have refused an offer of suitable work under subsection A of this section if an offer of work is withdrawn by an employer after an individual either:

1. Tests positive for drugs after a drug test given pursuant to chapter 2, article 14 of this title by or on behalf of a prospective employer as a condition of an offer of employment.

2. Refuses, without good cause, to submit to a drug test that is required by a prospective employer as a condition of an offer of employment.
A.R.S. § 23-674 — Arizona Code / Title 23 / Chapter 4 / Article 3 / Section 674
23-674 Procedure in rendering decisions and orders; rights of parties; representation
Status: in_force

23-674. Procedure in rendering decisions and orders; rights of parties; representation

A. All interested parties to a hearing before the appeal tribunal or the appeals board shall be given reasonable notice of the hearing and afforded an opportunity for hearing. The notice shall state the time, place and issues involved but if by reason of the nature of the proceeding the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable, and opportunity shall be afforded all parties to present evidence and argument with respect thereto. If a party's legal or factual basis of contention is substantially changed at the hearing, causing surprise to the opposing party, the hearing shall be rescheduled with timely notice of the nature of the new contention unless a waiver on the record is obtained from the party claiming surprise or the surprise could have been avoided with due diligence. All hearings shall be recorded. The appeal tribunal shall secure either a court reporter or an electronic means of producing a clear and accurate record of the proceeding at the department's expense.  If a party files an application for appeal to the court of appeals pursuant to section 41-1993 and the hearing has not yet been transcribed, the hearing shall be transcribed at the department's expense. Informal disposition may be made of any case by stipulation, agreed settlement, consent order or default.

B. In a hearing conducted pursuant to this section, parties may be represented in the following manner:

1. An individual, either an employee or an employer, may represent himself or may be represented by a duly authorized agent who is not charging a fee for the representation.

2. An employer, including a corporate employer, may represent itself through an officer or employee.

3. Any party may be represented by a person who is charging a fee for the representation and who is either a duly authorized agent who was previously or is currently retained by a party for purposes other than representation in an unemployment compensation hearing or an attorney who is authorized to practice law in this state. An attorney or agent representing a party before an appeal tribunal or the appeals board may charge a fee not in excess of seven hundred fifty dollars but may request the department to approve an additional amount which is reasonable for the services rendered. This is limited only to an unemployment compensation appeal.

C. Notwithstanding any other law, representation of a party at a hearing conducted pursuant to this section is not deemed to be the practice of law.

D. The tribunal and the appeals board may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. It shall give effect to the rules of privilege recognized by law. It may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. All evidence, including records and documents in the possession of the department of which it desires to avail itself, shall be offered and made a part of the record in the case, and no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The tribunal and the appeals board may take notice of judicially cognizable facts and in addition may take notice of general, technical or scientific facts within its specialized knowledge.  Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed.  The tribunal and the appeals board may utilize their experience, technical competence and specialized knowledge in the evaluation of the evidence presented to them. Each party shall have the right of cross-examination of the witnesses who testify and shall have the right to submit rebuttal evidence.

E. Every decision and order adverse to a party to the proceedings shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. Parties to the proceeding shall be notified of the decision and order in person or by mail.
A.R.S. § 23-1102 — Arizona Code / Title 23 / Chapter 6 / Article 12 / Section 1102
23-1102 Workers' compensation presumptions of compensability; report
Status: in_force

23-1102. Workers' compensation presumptions of compensability; report

A person that advocates a legislative proposal shall submit a report to the joint legislative audit committee as prescribed in this article, if the legislative proposal if enacted would do either of the following:

1. Mandate that an insurer or self-insured employer deem that a disease or condition has arisen out of employment, including establishing a presumption of compensability.

2. Substantially modify a statute that establishes a presumption of compensability for a disease or condition.
A.R.S. § 23-1064 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1064
23-1064 Presumptions of dependency; determination
Status: in_force

23-1064. Presumptions of dependency; determination

A. The following persons are conclusively presumed to be totally dependent for support upon a deceased employee:

1. A wife upon a husband whom she has not voluntarily abandoned at the time of the injury.

2. A husband upon a wife whom he has not voluntarily abandoned at the time of the injury.

3. A natural, posthumous or adopted child under the age of eighteen years or under the age of twenty-two years if enrolled as a full-time student in any accredited educational institution, or over that age if physically or mentally incapacitated from wage earning, upon the injured parent. Stepparents may be regarded as parents, if dependent, and a stepchild as a natural child if dependent.

B. Questions of dependency and the extent thereof shall be determined as of the date of the injury to the employee and the dependent's right to any death benefit shall become fixed as of such time irrespective of any subsequent change in conditions, and the death benefits shall be directly recoverable by and payable to the dependent entitled thereto.
A.R.S. § 23-771.02 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 771.02
23-771.02 Training program
Status: in_force

23-771.02. Training program

A. The department shall establish a training program to provide a structured, supervised training opportunity to individuals through employers that volunteer to participate in the program. The training program may be a department-approved or a United States department of labor-approved apprenticeship program.  The program may offer compensated and noncompensated training opportunities to individuals participating in the program. An individual in the program shall be at least eighteen years of age and shall register with the department.

B. Individuals may participate in the program on a voluntary basis.  Individuals who participate in the program and who are not receiving compensation may continue to receive unemployment compensation benefits, if eligible, pursuant to section 23-771.01, subsection A, paragraph 2.

C. An employer that participates in the program must:

1. Have employees in this state.

2. Have at least one full-time employment position available in this state.

3. Provide training opportunities that benefit an individual who participates in the program and notify the department when the employer offers an individual a training opportunity under the program.

4. Sign a written agreement with each individual who participates in the program that sets forth the terms of the training.

5. Agree that the employer's current employees will not be displaced or lose any promotion rights due to an individual's participation in the program.

6. Provide any additional information that relates to the job training that the department requests.

D. An individual who participates in the program must:

1. Be currently receiving or be eligible to receive unemployment compensation benefits, pursuant to section 23-771.01, subsection A, paragraph 2.

2. Be willing to develop new skills or work experience.

3. Continue to seek work unless otherwise exempt, pursuant to section 23-771.01, subsection A, paragraph 2.

4. Certify to the department that the individual understands that participating in the program does not guarantee the individual any future employment or expectations of being hired by the employer.

5. Attend a mandatory program orientation that the department conducts.

6. Provide any information that the department requests.
A.R.S. § 23-1411 — Arizona Code / Title 23 / Chapter 8 / Article 6 / Section 1411
23-1411 Public safety employee organizational rights; definition
Status: in_force

23-1411. Public safety employee organizational rights; definition

A. Public safety employees serving any city, town, county or fire district in this state have the right to join employee associations which comply with the laws of this state and have freedom to present proposals and testimony to the governing body of any city, town, county or fire district and their representatives.  A person shall not be discharged, disciplined or discriminated against because of the exercise of these rights.

B. This section shall not be construed to compel or prohibit in any manner any employee wage and benefit negotiations.

C. For the purposes of this section, "public safety employee" includes a probation officer or surveillance officer who is employed by this state or a political subdivision of this state.
A.R.S. § 23-426 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 426
23-426 Confidentiality of trade secrets
Status: in_force

23-426. Confidentiality of trade secrets

All information reported to or likewise obtained by the commission or its representatives in connection with any inspection or investigation under this article which contains or which might reveal a trade secret shall be considered confidential for the purpose of this article, except that such information may be disclosed to other representatives of the division or commission concerned with carrying out this article or when relevant in any proceeding under this article. In any such proceeding, the director, the commission, the administrative law judge, the review board or the courts shall issue orders as may be appropriate to protect the confidentiality of trade secrets.
A.R.S. § 23-946.01 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 946.01
23-946.01 Stay of court proceedings pending determination of issues by commission
Status: in_force

23-946.01. Stay of court proceedings pending determination of issues by commission

A. If upon the trial provided for in section 23-946, it appears that all issues arising in the action have not theretofore been presented to the commission in the petition for a hearing as to the reasonableness and lawfulness of the order, or that the commission has not had ample opportunity to hear and determine the issues raised in the action, or has not in fact heard and determined the issues raised, the court shall before rendering judgment, unless the parties stipulate to the contrary, transmit to the commission a full statement of such issues not adequately considered, shall stay further proceedings in the action for fifteen days from the date of the transmission and may thereafter grant such further stay as is necessary.

B. Upon receipt of the statement from the court as provided in subsection A, the commission shall consider the issues not theretofore considered, and may alter, modify, amend or rescind its order complained of, and shall, within ten days from the receipt of the statement, report its order thereon to the court. The court shall thereupon order the pleading to be amended to raise the issues resulting from the alteration, modification, amendment or rescission of the commission's order, and thereafter proceed as in other civil actions.
A.R.S. § 23-1042 — Arizona Code / Title 23 / Chapter 6 / Article 8 / Section 1042
23-1042 Basis for computing average monthly wage of minor permanently incapacitated
Status: in_force

23-1042. Basis for computing average monthly wage of minor permanently incapacitated

If it is established by competent evidence that an injured employee is under eighteen years of age and his incapacity is permanent, his average monthly earning capacity shall be deemed, within the limits fixed by sections 23-1041 and 23-1046, to be the monthly amount which under ordinary circumstances he would probably be able to earn at the age of eighteen years in the occupation in which he was employed at the time of injury, or in any occupation to which he would reasonably have been promoted if he had not been injured. If the probable earnings at the age of eighteen years cannot be reasonably determined, his average earnings shall be based upon four dollars per day for a six-day week.
A.R.S. § 23-633 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 633
23-633 Definition of state law
Status: in_force

23-633. Definition of state law

"State law" means the unemployment insurance law of any state, approved by the United States secretary of labor under section 3304 of the internal revenue code.
A.R.S. § 23-491.08 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.08
23-491.08 Notice requesting investigation; confidentiality; determination of grounds
Status: in_force

23-491.08. Notice requesting investigation; confidentiality; determination of grounds

A. Any person may make a request for an investigation by the division into alleged violations of section 23-491.02 by giving notice to the director or the director's authorized representative of such violation or danger. Such notice shall be in writing, shall set forth with reasonable particularity the grounds for the notice and shall be signed by the person making the request. Upon the request of the person signing the notice, such person's name shall not appear on any copy of such notice or any record published, released or made available.

B. If upon receipt of such notification the director determines that there are reasonable grounds to believe that such violation or danger exists, the director shall make an investigation in accordance with the provisions of this article as soon as practicable to determine if such 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 requesting party in writing of such a determination.
A.R.S. § 23-552 — Arizona Code / Title 23 / Chapter 3 / Article 3 / Section 552
23-552 Exemptions
Status: in_force

23-552. Exemptions

This article does not apply to:

1. Business entities registered as farm labor contractors.

2. Temporary help services engaged in supplying white-collar employees, secretarial employees, clerical employees or skilled laborers.

3. Labor union hiring halls.

4. Labor bureau or employment offices operated by a business entity for the sole purpose of employing an individual for its own use.
A.R.S. § 23-108.02 — Arizona Code / Title 23 / Chapter 1 / Article 1 / Section 108.02
23-108.02 Administrative law judges
Status: in_force

23-108.02. Administrative law judges

A. The commission shall appoint administrative law judges of the commission who shall be members of the Arizona state bar.

B. The annual compensation of the chief administrative law judge and of the administrative law judges shall be as determined pursuant to section 38-611.
A.R.S. § 23-1047 — Arizona Code / Title 23 / Chapter 6 / Article 8 / Section 1047
23-1047 Procedure for determining compensation for partial disability and permanent total disability in cases not enumerated; procedure for determining nonscheduled dependency and duration of compensation to partial dependents in death cases
Status: in_force

23-1047. Procedure for determining compensation for partial disability and permanent total disability in cases not enumerated; procedure for determining nonscheduled dependency and duration of compensation to partial dependents in death cases

A. In cases of permanent partial disability under section 23-1044, subsection B, paragraph 22 and subsections C and F, when the physical condition of the injured employee becomes stationary, or in the case of permanent total disability not enumerated in section 23-1045, and under section 23-1045, subsection D, or in death cases under section 23-1046, subsection B, the employer or insurance carrier within thirty days shall notify the commission and request that the claim be examined and further compensation, if any, be determined. A copy of all medical reports necessary to make such determination also shall be furnished to the commission.  The employer or insurance carrier may commence payment of a permanent disability award without waiting for a determination under subsection B of this section.

B. Within thirty days after the commission receives the medical reports, the claims shall be examined and further compensation, including a permanent disability award, if any, shall be determined under the commission's supervision. If necessary, the commission may require additional medical or other information with respect to the claim and may postpone the determination for not more than sixty additional days. Any determination under this subsection may include necessary adjustments in any compensation paid or payable.

C. The commission shall serve a copy of the determination to all interested parties. Any such party may request a hearing under section 23-941 on the determination made under subsection B of this section within ninety days after copies of the determination are served.

D. Any person receiving permanent compensation benefits shall report annually on the anniversary date of the award to the self-insured employer or insurance carrier all of the person's earnings for the prior twelve-month period. If the person fails to make such report, the self-insured employer or insurance carrier shall notify the person that such report has not been received and that payment of further benefits will be suspended unless such report of earnings is filed within thirty days.  After thirty days have elapsed from the date of such notice, the self-insured employer or insurance carrier may issue a notice to the person suspending payment of further benefits and no further payments need be made until such report of earnings is filed.

E. Any person receiving permanent compensation benefits from the special fund established by section 23-1065 shall report annually on the anniversary date of the award to the commission all of the person's earnings for the prior twelve-month period.  If the person fails to make such report, the commission shall notify the person that such report has not been received and that payment of further benefits will be suspended unless such report of earnings is filed within thirty days.  After thirty days have elapsed from the date of such notice, the commission may issue a notice to the person suspending payment of further benefits and no further payments need be made until such report of earnings is filed.
A.R.S. § 23-772 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 772
23-772 Claims for benefits; initial claim filing notice to employer; contents of notice; continued claim notice to employer; posting printed statements dealing with claims
Status: in_force

23-772. Claims for benefits; initial claim filing notice to employer; contents of notice; continued claim notice to employer; posting printed statements dealing with claims

A. Claims for benefits shall be made in accordance with such regulations as the department prescribes.  The department shall require an individual claiming benefits to provide information and documents on which the claim is based at the time of filing the claim.

B. When an initial claim for benefits is filed, the department shall promptly notify the claimant's most recent employing unit or employer of the claim filing.  The notice shall:

1. Contain the claimant's stated reason for the claimant's separation from employment.

2. State that the employer may protest payment to the claimant based on any available statutory grounds by returning the protest not later than ten business days after the date of the notice.

C. Unless previously notified, all base-period employers will be sent a notice at the time the claimant files a payable continued claim for benefits during a period of unemployment.

D. Each employer shall post and maintain printed statements dealing with claims for benefits in places readily accessible to individuals in the employer's service, and shall make available to each individual at the time the individual becomes unemployed a printed statement dealing with claims for benefits. Printed statements shall be supplied by the department to each employer without cost.
A.R.S. § 23-315 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 315
23-315 Classification of employments by wage board
Status: in_force

23-315. Classification of employments by wage board

A wage board may differentiate and classify employment in any occupation according to the nature of the service rendered and recommend appropriate minimum fair wage rates for different employments. A wage board shall give due consideration in the classification of employment to such items of compensation in employment as board and lodging or other factors that may be component parts of the total wage rate paid. A wage board may also recommend minimum fair wage rates varying with localities, if in the judgment of the wage board conditions make local differentiation proper and do not effect an unreasonable discrimination against a locality.
A.R.S. § 23-930 — Arizona Code / Title 23 / Chapter 6 / Article 2 / Section 930
23-930 Unfair claim processing practices; bad faith; civil penalties
Status: in_force

23-930. Unfair claim processing practices; bad faith; civil penalties

A. The commission has exclusive jurisdiction as prescribed in this section over complaints involving alleged unfair claim processing practices or bad faith by an employer, self-insured employer, insurance carrier or claims processing representative relating to any aspect of this chapter. The commission shall investigate allegations of unfair claim processing or bad faith either on receiving a complaint or on its own motion.

B. If the commission finds that unfair claim processing or bad faith has occurred in the handling of a particular claim, it shall award the claimant, in addition to any benefits it finds are due and owing, a benefit penalty of twenty-five percent of the benefit amount ordered to be paid or $500, whichever is more.

C. If the commission finds that an employer, self-insured employer, insurance carrier or claim processing representative has a history or pattern of repeated unfair claim processing practices or bad faith, it may impose a civil penalty of up to $1,000 for each violation found. The civil penalty shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

D. Any party aggrieved by an order of the commission under this section may request a hearing pursuant to section 23-947. The hearing and decision shall be conducted pursuant to section 23-941.

E. The commission shall adopt by rule a definition of unfair claim processing practices and bad faith. In adopting a rule under this subsection, the commission shall consider, among other factors, recognized and approved claim processing practices within the insurance industry, the commission's own experience in processing workers' compensation claims and the workers' compensation and insurance laws of this state.

F. This section does not limit or interfere with the authority of the department of insurance and financial institutions as provided by law to regulate any insurance carriers, including the jurisdiction of the department of insurance and financial institutions over unfair claim settlement practices as provided in section 20-461.
A.R.S. § 23-1068 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1068
23-1068 Assignment of compensation; exemption from attachment or execution; payment to nonresident
Status: in_force

23-1068. Assignment of compensation; exemption from attachment or execution; payment to nonresident

A. Compensation, whether determined or not, is not, prior to the delivery of the warrant therefor, assignable.

B. Except as provided in subsection D of this section, compensation is exempt from attachment, garnishment and execution and does not pass to another person by operation of law, except that:

1. The amount of compensation payable to a person at the time of death, whether payable in periodic payments or converted to a lump sum, and whether or not the warrant therefor has been issued or delivered after that person's death, shall be paid to that person's personal representative.

2. If medical, wage loss or disability benefits are paid or otherwise provided by an employer to or for the benefit of an employee for an injury or illness for which medical or compensation benefits payable pursuant to this article have been denied or for which a claim for compensation under this article has not been filed, and the injury or illness is subsequently determined to be compensable under this article, the employer or the person authorized by the employer to provide such benefits is entitled to a direct payment out of, or a direct credit against, the medical or compensation benefits payable under this article in the amount of the benefits previously paid or provided.

C. Any dispute as to the amount of the direct payment or credit against the medical or compensation benefits payable shall be resolved pursuant to section 23-1061, subsection J.

D. Compensation is subject to an assignment for the payment of support as defined in section 25-500, spousal maintenance and the fee for handling child support and spousal maintenance payments authorized by section 25-510.

E. Payment to the consular agent, or the consular agent's representative, of the nation of which a dependent is a resident or subject, of compensation due the dependent residing outside the United States, any power of attorney to receive or receipt for such compensation to the contrary notwithstanding, is a full discharge of the benefits or compensation as if made directly to the beneficiary.
A.R.S. § 23-733 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 733
23-733 Transfer of employer experience rating accounts to successor employer; liability of successor
Status: in_force

23-733. Transfer of employer experience rating accounts to successor employer; liability of successor

A. When any employing unit in any manner succeeds to or acquires the organization, trade or business, or substantially all of the assets thereof, excepting any assets retained by such employer incident to the liquidation of his obligations, whether or not such acquiring employing unit was an employer within the meaning of section 23-613, prior to such acquisition, and continues such organization, trade or business, the account of the predecessor employer shall be transferred as of the date of acquisition to the successor employer for the purpose of rate determination.

B. An employing unit which succeeds to or acquires a distinct and severable portion of an organization, trade or business may apply for transfer of the account of the portion by filing with the department not later than one hundred eighty days after the date of acquisition a written application for transfer, approved in writing by the predecessor, except that for good cause shown the department may extend the time for filing the application. The account of the acquired portion shall be transferred to the successor as of the date of acquisition only if the successor continues to operate the acquired portion and submits necessary information establishing the separate identity of the account within thirty days after the request for the necessary supporting payroll information is mailed to the successor by the department, except that for good cause shown the department may extend the time for submitting such supporting information.  The predecessor and successor employers shall be promptly notified of the determination made upon the application which shall become final fifteen days after written notice thereof is served personally or by certified mail addressed to the last known address of each employing unit involved, unless within such time one of the parties files with the department a written request for reconsideration. When timely request for reconsideration is filed, a reconsidered determination shall be made. The reconsidered determination shall become final fifteen days after written notice thereof is served personally or by certified mail addressed to the last known address of each employing unit involved, unless within such time one of the employing units involved files with the department a written petition for hearing. When timely petition for hearing is filed, the parties shall be afforded an opportunity for hearing and thereafter furnished with a decision. The decision shall become final unless a petition for review is filed as provided in section 23-672.

C. If the successor employer was an employer subject to this chapter prior to the date of acquisition of an organization, trade or business, or substantially all of the assets thereof, his rate of contributions for the remainder of the calendar year in which the acquisition occurred shall be his rate as previously assigned for the calendar year in which the acquisition occurred. If the successor was not an employer prior to the date of acquisition, his rate for the remainder of the calendar year beginning on the date of acquisition shall be the rate applicable to the predecessor employer or employers for the calendar year in which the acquisition occurred, if there was only one predecessor or there were only predecessors with identical rates. If the predecessor rates were not identical, the successor's rate for the remainder of the calendar year beginning on the date of acquisition shall be recomputed on the basis of the combined accounts of the predecessors as of the computation date applicable to the calendar year in which the acquisition occurred. When the account for a distinct and severable portion has been transferred to a successor who was not an employer prior to the date of acquisition, the rate of the successor for the remainder of the calendar year beginning on the date of acquisition shall be computed as of the computation date applicable to such calendar year, on the basis of the experience attributable to the acquired portion. If the successor was an employer prior to the date of acquisition, his rate for the remainder of the calendar year beginning on the date of acquisition shall be the rate previously assigned to him for the calendar year in which the acquisition occurred. The rate of the predecessor for the remainder of the calendar year beginning on the date of acquisition shall be the rate previously assigned to him with respect to the calendar year in which the acquisition occurred.

D. Any individual or organization, including the types of organizations described in section 23-614, whether or not an employing unit, which in any manner acquires the organization, trade or business, or substantially all of the assets thereof, shall be liable, in an amount not to exceed the reasonable value, as determined by the department, of the organization, trade, business or assets acquired, for any contributions, interest and penalties due or accrued and unpaid by such predecessor employer, except that the department may waive the successor's liability for such unpaid amounts if a determination that the predecessor was subject to this chapter had not been made as provided in section 23-724 prior to the date of acquisition, and such liability on the part of the successor would be against equity and good conscience.

E. The amount of liability of a successor employer for any contribution, interest and penalties due or accrued and unpaid by his predecessor employer shall be a lien against the property or assets so acquired which shall be prior to all other liens except prior recorded realty mortgages, but the lien shall not be valid as against one who acquires from the successor any interest in the property or assets in good faith, for value, and without notice of the lien. On written request, the department shall furnish the successor with a written statement of the amount of contributions, interest and penalties due or accrued and unpaid by the predecessor employer as of the date of such acquisition, and the amount of the liability of the successor or the amount of the lien shall in no event exceed the liability disclosed in such statement. The remedy provided by this section shall be in addition to all other existing remedies against the predecessor employer or his successor, and the lien against the successor may be foreclosed as in other civil actions.
A.R.S. § 23-409 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 409
23-409 Advisory committees
Status: in_force

23-409. Advisory committees

A. The commission shall create an occupational safety and health advisory committee to assist the commission in drafting standards and regulations. The committee may be asked to perform other functions as may be necessary. The committee shall be appointed by the commission and shall be composed of a reasonably balanced representation of regulated industries, including agriculture, and labor and other persons knowledgeable in safety and health and shall serve at the will of the commission. The commission may establish other committees as it deems necessary. The advisory committees may be paid their reasonable and necessary travel and other expenses in accordance with standard travel regulations.

B. The director shall be an ex officio member of any advisory committee established pursuant to this section.
A.R.S. § 23-432 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 432
23-432 Voluntary protection and other model system implementation programs; exemption
Status: in_force

23-432. Voluntary protection and other model system implementation programs; exemption

A. The division shall adopt definitions, regulations and standards necessary for the operation of the program in a manner that will promote safe and healthy workplaces throughout this state. Standards for the program shall include the following requirements for participation:

1. Upper management leadership and active and meaningful employee involvement.

2. Systematic assessment of occupational hazards.

3. Comprehensive hazard prevention, mitigation and control programs.

4. Employee safety and health training.

5. Safety and health program evaluation by the division to ensure that a workplace continuously meets the standards and regulations.

B. Applications for participation in the program shall be submitted by the workplace's management. Applications shall include documentation establishing to the satisfaction of the division that the employer meets all requirements for program participation.

C. The division shall provide for on-site evaluations by the division's consultation section of each workplace that has applied to participate in the program to determine that the applicant's workplace complies with the requirements for program participation.

D. A workplace's continued participation in the program is conditioned on compliance with the requirements for program participation, as determined by periodic, planned on-site evaluations by the division.

E. During periods in which a workplace is a program participant, the workplace is exempt from inspections or investigations under section 23-408. This exception does not apply to inspections or investigations of the workplace arising from complaints, referrals, fatalities, catastrophes, nonfatal accidents or significant toxic chemical releases.

F. Any workplace that was a participant in the uncodified voluntary protection program or any other program that implements a model system conducted by the division before August 9, 2017 may continue as a participant in the program established pursuant to this section.  Beginning on August 9, 2017, the continued participation by such a workplace in the program is conditioned on the workplace's compliance with the requirements for program participation adopted by the division.
A.R.S. § 23-790 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 790
23-790 Recovery on behalf of foreign agency of benefits paid through nondisclosure or misrepresentation of material fact
Status: in_force

23-790. Recovery on behalf of foreign agency of benefits paid through nondisclosure or misrepresentation of material fact

On request of an agency which administers an employment security law of another state or foreign government and which has found in accordance with the provisions of that law that a claimant is liable to repay benefits received under such law by reason of having knowingly made a false statement or misrepresentation of a material fact with respect to a claim taken in this state as an agent for such agency, the commission may collect the amount of such benefits from the claimant to be refunded to the agency. In any case in which under this section a claimant is liable to repay any amount to the agency of another state or foreign government, the amounts may be collected without interest by civil action in the name of the commission acting as agent for such agency, but court costs shall be paid by the liable state.
A.R.S. § 23-503.01 — Arizona Code / Title 23 / Chapter 3 / Article 1 / Section 503.01
23-503.01 Coordination of vocational rehabilitation services
Status: in_force

23-503.01. Coordination of vocational rehabilitation services

The department shall coordinate its provision of vocational rehabilitation services to persons with an intellectual disability with its provision of intellectual disability services to such persons, including the areas of evaluation of applicants for either type of services and the development of program and rehabilitation plans for persons with an intellectual disability.
A.R.S. § 23-376 — Arizona Code / Title 23 / Chapter 2 / Article 8.1 / Section 376
23-376 Regulations
Status: in_force

23-376. Regulations

(Caution:  1998 Prop. 105 applies)

The commission shall be authorized to coordinate implementation and enforcement of this article and shall promulgate appropriate guidelines or regulations for such purposes.
A.R.S. § 23-320 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 320
23-320 Duty of commission to provide information to wage board
Status: in_force

23-320. Duty of commission to provide information to wage board

The commission shall present to a wage board promptly upon its organization all the evidence and information in its possession relating to wages of minors working in occupations over which the wage board has authority to investigate as provided by this article, and all other information which the commission deems relevant to the establishment of a minimum fair wage for such minors, and shall present to the wage board witnesses whom the commission deems material. A wage board may summon other witnesses or request the commission to furnish additional information to aid in its deliberation.
A.R.S. § 23-1421 — Arizona Code / Title 23 / Chapter 8 / Article 7 / Section 1421
23-1421 Third-party benefits organizations; damages; exemptions; exclusive remedy; statute of limitations; applicability; definitions
Status: in_force

23-1421. Third-party benefits organizations; damages; exemptions; exclusive remedy; statute of limitations; applicability; definitions

A. An employee who has suffered calculated damages may recover three times the calculated damages from a third-party benefits organization for the cost of benefits paid by the employee. An employer that has suffered calculated damages may recover three times the calculated damages from a third-party benefits organization that paid for the cost of employee benefits. The calculated damages are as follows:

1. For health, pension or vacation or sick leave benefits, any monies paid by or for the employee during a twelve-month period that is more than one hundred twenty percent of the cost of equivalent health, pension or vacation or sick leave benefits. To show equivalency, the plaintiff may submit a mathematical or an actuarial data analysis that demonstrates that the employee would have received at least ninety-five percent of the same value from a product available through the employer or on the general market.

2. For training benefits, any monies paid by the employer or employee in excess of one hundred twenty percent of any reasonable training costs incurred during a twelve-month period for the specific benefit of the employee's job skill.

3. For any other benefit, any monies paid by the employer or employee in excess of $1,000 during a twelve-month period where no direct benefit can be attributed to the employee.

B. An employee may recover calculated damages attributable to monies paid by the employee's employer for that employee if:

1. The employee sends a certified letter to the employer's statutory agent in this state that advises the employer that the employee intends to pursue such a claim unless the employer objects within ninety days.

2. The employer does not object.  An employer's failure to object in writing within ninety days constitutes a waiver of the employer’s right to recover pursuant to this section to the extent of the employee's recovery.

C. A third-party benefits organization is not liable pursuant to this section if the third-party benefits organization satisfies all of the following:

1. Provides a reconciliation to its member employees through United States mail or email that would reasonably allow an employee to determine the costs and expenses of the benefits.  The reconciliation must be listed by benefit for a twelve-month period and provide the following:

(a) The specific rates charged to the employee and employer.

(b) The direct expense rates charged to the plan by third-party insurers and plan providers.

(c) The total number of employees, including hours and revenue collected in this state and nationally.

(d) The total direct claims expenses or payments to beneficiaries, if any, in this state and nationally.

(e) A list of total payments made to any third-party insurers or plan providers in this state and nationally.

(f) A list of all administrative and other expenses not listed in subdivisions (a) through (e) of this paragraph incurred in this state and nationally.

(g) A list that summarizes the difference between the revenues and expenses in subdivisions (a) through (f) of this paragraph in this state and nationally listed in total dollars and as a percentage of revenue.

2. Allows an employee to opt out of any health, pension or vacation or sick leave benefits and to choose either:

(a) Benefits from the employee's employer if the employer agrees and the employer withholds payment to the third-party benefits organization for that particular benefit category.

(b) Benefits outside the employment relationship if the employer withholds payment from the third-party benefits organization for that particular benefit category and forwards the monies to the employee.

3. Eliminates any penalty for an employee or employer to terminate the relationship with the third-party benefits organization, including liability for any benefits that are actuarily underfunded.

D. A claim for calculated damages may be brought against a third-party benefits organization in superior court or any other appropriate venue.  Except as otherwise set forth in this section, the court shall award a plaintiff any calculated damages that the plaintiff has suffered along with any other relief to which the plaintiff may be entitled. This section provides the exclusive remedy for a violation of this section.  This section does not create a cause of action between an employee and employer.

E. This section applies to any third-party benefits organization that establishes or negotiates the rates or collects monies for employee benefits on behalf of a resident of this state or an employer that has employees located in this state.

F. Actions for calculated damages must be brought within four years after the cause of action accrues.

G. This section does not apply to any of the following:

1. An insurer, insurance agent or investment management firm.

2. A third-party administrator performing a purely administrative role.

3. An employee who is employed by the federal government or a political subdivision of this state.

H. For the purposes of this section:

1. "Benefits":

(a) Means monies paid by an employee or employer to a third-party benefits organization for the benefit of the employee and includes health, pension, training or vacation or sick leave benefits or other benefits.

(b) Does not include labor organization membership dues.

2. "Third-party benefits organization" includes any labor organization as defined in sections 23-1301 and 23-1321 and any Taft-Hartley trust, other fund or entity used to administer any benefit required by a labor agreement adopted by a third-party benefits organization.
A.R.S. § 23-574 — Arizona Code / Title 23 / Chapter 3 / Article 4 / Section 574
23-574 Covered employees; licensing
Status: in_force

23-574. Covered employees; licensing

A. A covered employee who is required to be licensed, registered or certified under the laws of this state shall be deemed an employee of the client for purposes of the license, registration or certification requirement.

B. A professional employer organization shall not be deemed to be engaged in any occupation, trade, profession or other activity that is subject to licensing, registration or certification requirements under the laws of this state solely on the basis of entering into and maintaining a co-employment relationship with a covered employee who is required to be regulated or certified.

C. Unless otherwise expressly agreed to by a client in a professional employment agreement, a client shall maintain the right to direct and control the professional or licensed activities of the covered employees and the client's business.
A.R.S. § 23-108.01 — Arizona Code / Title 23 / Chapter 1 / Article 1 / Section 108.01
23-108.01 Powers and duties of director
Status: in_force

23-108.01. Powers and duties of director

A. The director of the commission, under the supervision of the commission, shall administer the policies, powers and duties of the commission as prescribed by this chapter, and chapters 2 and 6 of this title.

B. The director of the commission may deny the salary of a commissioner if the commissioner does not provide documentation that explains what commission duties were completed for the day in which the commissioner is seeking a salary or if the commission duties were not related to preparing for or attending a commission meeting.
A.R.S. § 23-401 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 401
23-401 Definitions
Status: in_force

23-401. Definitions

In this article, unless the context otherwise requires:

1. "Board" means a review board established pursuant to section 23-422.

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

3. "De minimis violation" means a condition or practice that, although undesirable, has no direct or immediate relationship to safety or health.

4. "Director" means the director of the division.

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

6. "Employee" means any person performing services for an employer, including any person defined as an employee pursuant to section 23-901, except employees engaged in household domestic labor.

7. "Employer" means any individual or type of organization, including this state and all political subdivisions of this state, that has in its employ one or more individuals performing services for it in employment and includes self-employed persons, but does not include employers of household domestic labor.

8. "Interested party" means the commission and the commission's agents, the employer and the affected employees of such employer.

9. "Model system" means an exemplary and voluntary implemented worker safety and health management system that:

(a) Exceeds basic compliance with occupational safety and health laws and regulations.

(b) Meets the requirements adopted by the division pursuant to section 23-432.

10. "Non-serious violation" means a condition or practice in a place of employment that does not constitute a serious violation but that violates a standard or regulation and has a direct or immediate relationship to safety or health, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of such condition or practice.

11. "Program" means the voluntary protection program or any other program under which the director recognizes and partners with workplaces that have implemented a model system.

12. "Recognized hazard" means an unsafe or unhealthful condition or practice recognized as such with respect to the standard of knowledge in the industry.

13. "Regulation" means any written regulation of occupational safety and health governing places of employment formulated pursuant to section 23-410, exclusive of standards, and shall have the same meaning as and include the term "rule".

14. "Serious violation" means a condition or practice in a place of employment that violates a standard, regulation or section 23-403, subsection A and produces a substantial probability that death or serious physical harm could result, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of such condition or practice.

15. "Standard" means any occupational safety and health standard that has been adopted and promulgated by a nationally recognized standards-producing organization or the federal government and shall have the same meaning as, and include the term "code".

16. "Trade secret" means a plan or process, tool, mechanism, or compound not patented, known only to its owner and those of the owner's employees to whom it is necessary to confide it, or other information that the employer treats as confidential and has a reasonable basis for doing so.

17. "Workplace" means a location or site wherein work, either temporary or permanent, is being conducted in connection with an industry, trade or business.
A.R.S. § 23-1043 — Arizona Code / Title 23 / Chapter 6 / Article 8 / Section 1043
23-1043 Hernias classified for compensation purposes
Status: in_force

23-1043. Hernias classified for compensation purposes

All hernias are considered injuries within the provisions of this chapter causing incapacitating conditions or permanent disability, and until otherwise ordered by the commission, the following rules for rating hernias shall govern:

1. Real traumatic hernia is an injury to the abdominal wall of sufficient severity to puncture or tear asunder the wall, and permit the exposure or protrusion of the abdominal viscera or some part thereof. Such injury will be compensated as a temporary total disability and as a partial permanent disability, depending upon the lessening of the injured individual's earning capacity.

2. All other hernias, whenever occurring or discovered and whatsoever the cause, except as under paragraph 1 of this section, are considered diseases causing incapacitating conditions or permanent partial disability, but the permanent partial disability and the causes thereof are considered to be as shown by medical facts to have either existed from birth, to have been years in formation, or both, and are not compensatory, unless it is proved:

(a) That the immediate cause, which calls attention to the presence of the hernia, was a sudden effort or severe strain or blow received while in the course of employment.

(b) That the descent of the hernia occurred immediately following the cause.

(c) That the cause was accompanied or immediately followed by severe pain in the hernial region.

(d) That the facts in subdivisions (a), (b) and (c) of this paragraph were of such severity that they were noticed by the claimant and communicated immediately to one or more persons.

If the facts in subdivisions (a), (b), (c) and (d) of this paragraph are proven, the hernias are considered to be aggravations of previous ailments or diseases, and will be compensated as such for time lost only to a limited extent, depending upon the nature of the proof submitted and the result of the local medical examination, but for not to exceed two months. Hernias of every kind shall be compensated pursuant to this paragraph unless the claimant proves to the satisfaction of the commission by a preponderance of the evidence that the hernia is a real traumatic hernia as defined in paragraph 1.
A.R.S. § 23-627 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 627
23-627 Exhaustee
Status: in_force

23-627. Exhaustee

A. "Exhaustee" means an individual who, with respect to any week of unemployment in his eligibility period:

1. Has received prior to such week, all of the regular benefits that were available to him in his current benefit year that includes such week; or his benefit year having expired prior to such week, has no, or insufficient wages on the basis of which he could establish a new benefit year that would include such week; and

2. Has no right to unemployment benefits or allowances, as the case may be, under the railroad unemployment insurance act, the trade expansion act of 1962, the automotive products trade act of 1965, and such other federal laws as are specified in regulations issued by the United States secretary of labor; and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada, but if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law he is considered an exhaustee.

B. For the purposes of paragraph 1 of subsection A, an individual shall be deemed to have received all of the regular benefits that were available to him although as a result of a pending protest or appeal with respect to wages that were not included in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits.
A.R.S. § 23-746.01 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 746.01
23-746.01 Release or subordination of lien
Status: in_force

23-746.01. Release or subordination of lien

A. If a lien established by section 23-745 has been satisfied and a notice of the lien was recorded by the department pursuant to section 23-746, the department shall issue a release of the lien to the person against whom the lien was claimed.  The department shall record the lien release in any county where the original lien was recorded and in the office of the secretary of state, if applicable.

B. At any time, the department may release all or any portion of the property subject to the lien from the lien or subordinate the lien to other liens if the department determines that either:

1. The taxes are sufficiently secured by a lien on other property of the taxpayer.

2. The release or subordination of the lien will not endanger or jeopardize the collection of the taxes.

C. At the department's discretion and at any time, the department may withdraw a notice of lien that was recorded pursuant to this article if the department determines that any of the following conditions applies:

1. The department's interests are best served by withdrawing the notice.

2. Filing the lien was premature or otherwise in violation of the department's administrative procedures.

3. Withdrawing the notice will facilitate collecting the outstanding amount of taxes, interest and penalties.

4. The taxpayer has entered into an installment payment agreement unless the agreement provides otherwise.

D. If a claim for contributions or payments in lieu of contributions has been compromised pursuant to section 23-642, the department is not required to record a release of the lien under this section but on the taxpayer's written request the department shall provide a certificate of release to the taxpayer.

E. If a tax obligation has been extinguished pursuant to section 23-743, the lien for the extinguished tax is also extinguished. The department is not required to record a release of the lien under this section but on the taxpayer's written request the department shall provide a certificate of release to the taxpayer.

F. A certificate by the department to the effect that any property has been released from the lien or that the lien has been subordinated to other liens is conclusive evidence that the property has been released or that the lien has been subordinated as provided in the certificate.
A.R.S. § 23-404 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 404
23-404 Employee's duty
Status: in_force

23-404. Employee's duty

Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this article which are applicable to his own actions and conduct.
A.R.S. § 23-233 — Arizona Code / Title 23 / Chapter 2 / Article 3 / Section 233
23-233 Permissible hours of labor for persons under the age of sixteen; exceptions; definition
Status: in_force

23-233. Permissible hours of labor for persons under the age of sixteen; exceptions; definition

A. Employment of persons under the age of sixteen shall be confined to:

1. Not more than forty hours in any one week when the person is not enrolled in a session of school or when school is not in session.

2. Not more than eighteen hours in any one week when the person is enrolled in any session of school when school is in session.

3. Not more than eight hours in any one day when the person is not enrolled in a session of school or on a day when school is not in session.

4. Not more than three hours in any one day when the person is enrolled in any session of school on a day when school is in session.

B. A person shall not employ persons under the age of sixteen at night nor shall they be employed in solicitation sales or deliveries on a door-to-door basis between 7:00 p.m. and 9:30 p.m. on days preceding a day when school is in session and between 7:00 p.m. and 11:00 p.m. on days preceding a day when school is not in session.

C. The provisions of this section do not apply to persons who deliver newspapers to a consumer.

D. For the purpose of this section, "night" means:

1. On a day preceding a day when school is in session, those hours beginning at 9:30 p.m. and continuing until 6:00 a.m. on the succeeding day.

2. On a day preceding a day when school is not in session, those hours beginning at 11:00 p.m. and continuing until 6:00 a.m. on the succeeding day.
A.R.S. § 23-493.04 — Arizona Code / Title 23 / Chapter 2 / Article 14 / Section 493.04
23-493.04 Testing policy requirements
Status: in_force

23-493.04. Testing policy requirements

A. Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy that has been distributed to every employee subject to testing or that has been made available to employees in the same manner as the employer informs its employees of other personnel practices, including inclusion in a personnel handbook or manual or posting in a place accessible to employees. The employer shall inform prospective employees that they must undergo drug testing. The written policy shall include at least the following:

1. A statement of the employer's policy respecting drug and alcohol use by employees.

2. A description of those employees or prospective employees who are subject to testing.

3. The circumstances under which testing may be required.

4. The substances as to which testing may be required.

5. A description of the testing methods and collection procedures to be used.

6. The consequences of a refusal to participate in the testing.

7. Any adverse personnel action that may be taken based on the testing procedure or results.

8. The right of an employee, on request, to obtain the written test results.

9. The right of an employee, on request, to explain in a confidential setting, a positive test result.

10. A statement of the employer's policy regarding the confidentiality of the test results.

B. Within the terms of the written policy, an employer may require the collection and testing of samples for any job-related purposes consistent with business necessity including:

1. Investigation of possible individual employee impairment.

2. Investigation of accidents in the workplace. Employees may be required to undergo drug testing or alcohol impairment testing for accidents if the test is taken as soon as practicable after an accident and the test is administered to employees who the employer reasonably believes may have contributed to the accident.

3. Maintenance of safety for employees, customers, clients or the public at large.

4. Maintenance of productivity, quality of products or services or security of property or information.

5. Reasonable suspicion that an employee may be affected by the use of drugs or alcohol and that the use may adversely affect the job performance or the work environment.

C. In addition to the provisions of subsection B, employees or groups of employees may be required to undergo drug testing on a random or chance basis.

D. If an employer institutes a policy of drug testing or alcohol impairment testing under this article, all compensated employees including officers, directors and supervisors shall be uniformly included in the testing policy.

E. Nothing in this article shall be construed to encourage, discourage, restrict, limit, prohibit or require on-site drug testing or alcohol impairment testing.
A.R.S. § 23-1001 — Arizona Code / Title 23 / Chapter 6 / Article 6 / Section 1001
23-1001 Delivery of insurance contract or policy to employer
Status: in_force

23-1001. Delivery of insurance contract or policy to employer

Every employer insuring with an insurance carrier shall receive from such insurance carrier a contract or policy of insurance.
A.R.S. § 23-491.15 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.15
23-491.15 Nonimpairment of other agencies
Status: in_force

23-491.15. Nonimpairment of other agencies

Nothing contained in this article shall in any way impair the authority or responsibility of political subdivisions of this state with regard to the local enforcement or licensing, safety or police regulation authorized by local ordinance or state statute if, upon determination by the commission, the standards employed by such political subdivision are found to be at least equal to those promulgated by the commission.
A.R.S. § 23-485 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 485
23-485 Special inspectors; civil liability
Status: in_force

23-485. Special inspectors; civil liability

A. The division, on the request of any company that has received a certificate of accreditation from either the national board of boiler and pressure vessel inspectors or the American society of mechanical engineers as an authorized inspection agency or an owner-user inspection organization, may issue to any inspector of that company a certificate as a special inspector.  Before receiving a certificate, the inspector must demonstrate that the inspector holds a current commission issued by the national board of boiler and pressure vessel inspectors.

B. A certificate as a special inspector for a company operating boilers, pressure vessels or lined hot water heaters in this state shall be issued only if, in addition to meeting the requirements of this section, the inspector is employed full time by such company and the inspector's duties include making inspections of boilers, pressure vessels or lined hot water heaters to be used by such company and not for resale.

C. Each company employing such special inspectors, within sixty days after each boiler, pressure vessel or lined hot water heater inspection made by the inspectors, shall file a report of the inspection with the division on appropriate forms or make entry into the division's computer database.

D. All insurance companies shall notify the division of all boilers, pressure vessels or lined hot water heaters on which insurance is written. All insurance companies shall also notify the division of all boilers, pressure vessels or hot water heaters on which insurance is cancelled, not renewed or suspended because of unsafe conditions.

E. The furnishing of a certificate inspection, as authorized by the commission pursuant to section 23-475, that is conducted incidental to the issuance or renewal of boiler and machinery insurance or a contractual certificate inspection when performed in accordance with the standards and regulations adopted by the commission shall not subject an insurer, a noninsurer, whether domestic or foreign, or a contracted inspection organization, its agents or its employees to liability for damages for any act or omission in the course of performing inspections as provided by this section.  This subsection does not apply if the gross negligence of the insurer, noninsurer or contracted inspection organization, its agent or its employee created the condition that was the proximate cause of the injury, death or loss.
A.R.S. § 23-371 — Arizona Code / Title 23 / Chapter 2 / Article 8.1 / Section 371
23-371 Definitions
Status: in_force

23-371. Definitions

(Caution:  1998 Prop. 105 applies)

For purposes of this article:

A. "Abuse" means an offense prescribed in section 13-3623, Arizona Revised Statutes.

B. "Commission" is as defined in section 23-362, Arizona Revised Statutes.

C. "Domestic violence" is as defined in section 13-3601, Arizona Revised Statutes.

D. "Earned paid sick time" means time that is compensated at the same hourly rate and with the same benefits, including health care benefits, as the employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in section 23-373 of this article, but in no case shall this hourly amount be less than that provided under the Fair Labor Standards Act of 1938 (29 United States Code section 206(A)(1)) or section 23-363, Arizona Revised Statutes.

E. "Employ" is as defined in section 23-362, Arizona Revised Statutes.

F. "Employee" is as defined in section 23-362, Arizona Revised Statutes.  Employee includes recipients of public benefits who are engaged in work activity as a condition of receiving public assistance.

G. "Employer" includes any corporation, proprietorship, partnership, joint venture, limited liability company, trust, association, political subdivision of the state, individual or other entity acting directly or indirectly in the interest of an employer in relation to an employee, but does not include the State of Arizona or the United States.

H. "Family member" means:

1. Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or an individual to whom the employee stood in loco parentis when the individual was a minor;

2. A biological, foster, stepparent or adoptive parent or legal guardian of an employee or an employee's spouse or domestic partner or a person who stood in loco parentis when the employee or employee's spouse or domestic partner was a minor child;

3. A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision;

4. A grandparent, grandchild or sibling (whether of a biological, foster, adoptive or step relationship) of the employee or the employee's spouse or domestic partner; or

5. Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

I. "Retaliation" is as defined in section 23-364, Arizona Revised Statutes.

J. "Sexual violence" means an offense prescribed in: (a) title 13, chapter 14, Arizona Revised Statutes, except for sections 13-1408 and 13-1422; or (b) sections 13-1304(A)(3), 13-1307, 13-3019, 13-3206, 13-3212, 13-3552, 13-3553, 13-3554, or 13-3560, Arizona Revised Statutes.

K. "Stalking" means an offense prescribed in section 13-2923, Arizona Revised Statutes.

L. "Year" means a regular and consecutive 12-month period as determined by the employer.
A.R.S. § 23-475 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 475
23-475 Duties of division
Status: in_force

23-475. Duties of division

The division shall:

1. Certify special inspectors as provided in section 23-485.

2. Inspect boilers, pressure vessels and lined hot water heaters under this article, except that beginning on July 1, 2017 the division may not inspect boilers, pressure vessels and lined hot water heaters.

3. Establish a schedule to require regular boiler, pressure vessel and lined hot water heater inspections.

4. Recommend standards, regulations and amendments to the standards and regulations to the commission for approval or disapproval.

5. Enforce, under section 23-478, all standards and regulations adopted by the commission.
A.R.S. § 23-610 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 610
23-610 Calendar quarter
Status: in_force

23-610. Calendar quarter

"Calendar quarter" means the period of three consecutive calendar months ending on March 31, June 30, September 30 or December 31, or the equivalent thereof as the commission may by regulation prescribe.
A.R.S. § 23-615.01 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 615.01
23-615.01 Political subdivision or instrumentality employment
Status: in_force

23-615.01. Political subdivision or instrumentality employment

A. Notwithstanding any law to the contrary, except for subsection B of this section, for the purposes of this chapter, employment, as defined in section 23-615, subsection A, paragraph 6, 7 or 8 includes service performed after December 31, 1977 in the employ of either of the following:

1. Any political subdivision of this state or any instrumentality of such political subdivisions.

2. Any combination of political subdivisions and this or another state, their instrumentalities, agencies or boards whether wholly within this state or partly within this state and one or more other states.

B. This section shall not be applicable if Public Law 94-566 or the federal act it amends is adjudged unconstitutional or invalid in its application to the governmental entities described in subsection A of this section. If the application of Public Law 94-566 or the federal act it amends is stayed as to employees of the governmental entities described in subsection A of this section or its employees by any court of competent jurisdiction before or after the provisions of subsection A become effective, the provisions of subsection A shall not be effective from the time that the stay order became effective and continue for the duration of the stay order.

C. If Public Law 94-566 is finally determined to be constitutional and the court further determines that the governmental entities described in subsection A of this section were liable for claims for benefits during a stay of enforcement then any liability shall be borne by the affected governmental entities.
A.R.S. § 23-735 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 735
23-735 Requiring or accepting payments from wages to finance employer's contribution; waiver of rights of employee; violation; classification
Status: in_force

23-735. Requiring or accepting payments from wages to finance employer's contribution; waiver of rights of employee; violation; classification

A. No employer shall directly or indirectly make, require or accept a deduction from wages to finance the employer's contributions or payments in lieu of contributions required from him, or require or accept a waiver of any right under this chapter by any individual in his employ.

B. An employer or officer or agent of an employer who violates any provision of this section is guilty of a class 2 misdemeanor.
A.R.S. § 23-726 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 726
23-726 Contributions; voluntary payment
Status: in_force

23-726. Contributions; voluntary payment

A. Contributions shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter with respect to wages for employment. The contributions shall become due and be paid by each employer to the commission for the fund in accordance with such regulations as the commission prescribes, and shall not be deducted, in whole or in part, from the wages of individuals in the employer's employ.

B. In the payment of contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more in which case it shall be increased to one cent.  From and after December 31, 2004, the payment of contributions or job training employer taxes is not required if the quarterly amount of the contributions and taxes is less than ten dollars.

C. An employer may make voluntary payments in addition to the contributions required under this chapter that shall be credited to the employer's account in accordance with commission regulation. The voluntary payments shall be included in the employer's account as of the employer's most recent computation date if they are made on or before the following February 28. Voluntary payments when accepted from an employer will not be refunded in whole or in part.

D. The payment of contributions is not required if the quarterly amount of the contribution or taxes is less than ten dollars.
A.R.S. § 23-652 — Arizona Code / Title 23 / Chapter 4 / Article 2 / Section 652
23-652 Publications by commission
Status: in_force

23-652. Publications by commission

The commission shall print for distribution to the public the text of this chapter, its regulations and general rules, its annual reports to the governor and other material it deems relevant and suitable and shall furnish them to any person upon application therefor.
A.R.S. § 23-744 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 744
23-744 Priority of claim for contributions due upon insolvency proceedings
Status: in_force

23-744. Priority of claim for contributions due upon insolvency proceedings

A. In event of a distribution of an employer's assets pursuant to court order, including receivership, assignment for benefit of creditors, adjudicated insolvency, composition or similar proceeding, contributions then or thereafter due shall be paid in full prior to all other claims except taxes and claims for wages of not more than two hundred fifty dollars to each claimant earned within six months prior to commencement of the proceeding. The existence of a condition of insolvency, or the institution of a judicial proceeding for dissolution or distribution of assets, shall cause the priority to attach without action on behalf of the commission.

B. In event of an employer's adjudication in bankruptcy, judicially confirmed extension proposal or composition under the national bankruptcy act, contributions then or thereafter due shall be entitled to such priority as is provided in that act for taxes due a state or the United States.
A.R.S. § 23-928 — Arizona Code / Title 23 / Chapter 6 / Article 2 / Section 928
23-928 Investigation by agents
Status: in_force

23-928. Investigation by agents

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

B. In the discharge of his duties, the agent shall have the inquisitorial powers granted by this chapter to the commission and the same powers with regard to taking testimony as a referee or master appointed by a superior court. The recommendation made by such agent shall be advisory only and shall not preclude taking further evidence or making further investigations.
A.R.S. § 23-1383 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1383
23-1383 Rights of employees
Status: in_force

23-1383. Rights of employees

A. Agricultural employees have the right to self-organization, to bargain directly for themselves, and to form and join or assist labor organizations to bargain collectively through representatives of their own free choosing, or to engage in lawful concerted activity for the purpose of collective bargaining or other mutual aid or protection, and each such employee has the right, without interference from any source, to refrain from any and all of these activities.

B. Agricultural employees also have those rights more particularly defined and described in articles 1 and 3 of this chapter and shall be protected from the practices described in article 4 of this chapter.
A.R.S. § 23-749 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 749
23-749 Failure to make contributions or payments, furnish reports or produce or permit inspection of records; classification
Status: in_force

23-749. Failure to make contributions or payments, furnish reports or produce or permit inspection of records; classification

Any employing unit or any officer or agent of an employing unit or any other person who knowingly fails or refuses to make any contribution or other payment as required by this chapter or to furnish any reports required by this chapter or to produce or permit the inspection or copying of records as required by this chapter is guilty of a class 3 misdemeanor unless another classification is specifically prescribed in this chapter, and each day of such failure or refusal shall constitute a separate offense.
A.R.S. § 23-621.01 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 621.01
23-621.01 United States
Status: in_force

23-621.01. United States

"United States" includes, in addition to the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands.
A.R.S. § 23-327 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 327
23-327 Action by employee for recovery of wages; amount of recovery
Status: in_force

23-327. Action by employee for recovery of wages; amount of recovery

If a minor is paid less than the minimum fair wage to which such minor is entitled under a mandatory minimum fair wage order, such minor may recover in a civil action an amount which is treble the full amount of the minimum wage, together with costs and a reasonable attorney's fee to be allowed by the court on the basis of time and effort expended by counsel in behalf of the plaintiff-employee if judgment is rendered against the employer, less any amount actually paid to the employee by the employer. Any agreement between the employee and the employer to work for less than the mandatory minimum fair wages is not a defense to the action.
A.R.S. § 23-901.06 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 901.06
23-901.06 Volunteer workers
Status: in_force

23-901.06. Volunteer workers

In addition to persons defined as employees under section 23-901, volunteer workers of a county, city, town, or other political subdivision of the state may be deemed to be employees and entitled to the benefits provided by this chapter upon the passage of a resolution or ordinance by the political subdivision defining the nature and type of volunteer work and workers to be entitled to such benefits. The basis for computing compensation benefits and premium payments shall be four hundred dollars per month.
A.R.S. § 23-792 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 792
23-792 Voluntary withholding; income tax
Status: in_force

23-792. Voluntary withholding; income tax

A. An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, be advised:

1. That unemployment compensation is subject to federal and state tax.

2. Of the existence of requirements pertaining to estimated tax payments.

3. That the individual may elect to have federal income tax deducted and withheld from the individual’s payment of unemployment compensation at the amount specified in the United States internal revenue code.

4. That the individual may elect to have state income tax deducted and withheld from the individual’s payment of unemployment compensation at the rate of ten per cent of the amount withheld for federal income tax. The election shall be in writing.

5. That the individual shall be permitted to change a previously elected withholding status.

B. Amounts deducted and withheld from the payment of unemployment compensation shall be held in the unemployment compensation fund until transferred to the taxing authorities.

C. The department shall follow all procedures specified by the United States department of labor, the United States internal revenue service and the Arizona department of revenue pertaining to the deducting and withholding of income tax.

D. Amounts shall be deducted and withheld under this section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations or any other amounts required to be deducted and withheld under this chapter.
A.R.S. § 23-282 — Arizona Code / Title 23 / Chapter 2 / Article 5 / Section 282
23-282 Underground mine employees and hoisting engineers; twelve hour day; exceptions; violation; classification
Status: in_force

23-282. Underground mine employees and hoisting engineers; twelve hour day; exceptions; violation; classification

A. The period of employment for all persons employed or engaged in mining activities in underground mines or underground workings or as hoisting engineers at underground mines shall not exceed twelve hours within any twenty-four hour period and the twelve hours shall include the time used in descending to and ascending from the point or place of work in an underground mine or underground workings place of work.

B. The period of employment prescribed in subsection B may be deviated from in the following instances:

1. In an emergency, where life or property is in imminent danger, the period of labor prescribed in subsection B may be prolonged during the continuance of the emergency.

2. The hours of employment may be changed from one part of the day to another at stated periods, the change not to occur more than once in any two weeks, and the employment may be for more than twelve hours during the day in which the change is made.

3. If the employer has adopted a policy of longer periods of employment based on a collective bargaining agreement between the employer and one or more labor organizations representing one or more affected employees that expressly authorizes longer periods of employment, but in no event longer than twelve hours in any twenty-four hour period, subject to compliance with the terms and conditions for implementing periods of employment in excess of eight hours as set forth in the collective bargaining agreement. For purposes of this paragraph, "affected employees" means all or any group of employees of the employer, regardless of whether or not the employees are members of a labor organization, whose periods of employment are limited pursuant to subsection B of this section.

C. Any person violating any provision of this section, and any person who, as foreman, manager, superintendent, director, or officer of a corporation, or as employer or superior officer of any person, knowingly commands, persuades, or allows any person to violate any provision of this section is guilty of a class 2 misdemeanor.

D. Each day this section is violated constitutes a separate offense.
A.R.S. § 23-966 — Arizona Code / Title 23 / Chapter 6 / Article 4 / Section 966
23-966 Failure of employer to pay claim or comply with commission order; reimbursement of funds
Status: in_force

23-966. Failure of employer to pay claim or comply with commission order; reimbursement of funds

A. If a self-insured employer or other employer authorized by the commission to process or pay claims directly pursuant to this chapter does not fully comply with the provisions of the workers' compensation law relating to the processing or payment of compensation, medical benefits or the final orders of the commission, the workers' compensation claims shall be assigned by the commission to the special fund established by section 23-1065. The special fund shall ensure that these claims are processed and that compensation, benefits or amounts due are paid. The special fund may use third-party processors or other legal, medical, claims or labor market personnel to assist in the processing and payment of claims assigned under this section.

B. In addition to expenditures authorized under subsection A of this section, the special fund may use monies for any expense or service that is necessary to ensure that claims assigned under subsection A of this section are processed and paid, necessary to assist in the determination of liability of a claim that is assigned under this section or necessary to assist in the collection of monies owed to the special fund under this section, including collection against the cash, securities, bond and other assets of the employer. These expenses may include travel, discovery procedures and employing any third-party processor, expert, consultant or professional, including an attorney, auditor, examiner or actuary. The special fund shall reimburse the administrative fund for all expenses incurred by the administrative fund related to the processing and payment of claims assigned under this section.

C. The special fund is the successor in interest to all excess insurance policies in effect at the time of an assignment under subsection A of this section that insure any part of the self-insured employer's financial obligations under the workers' compensation laws.  The special fund's recovery rights under this subsection are subject to applicable coverage terms and policy limits in the excess policy.  The excess insurer shall make payment directly to the special fund for all covered amounts spent under this section, including administrative costs, necessary expenses and attorney fees to the extent covered by the excess policy.  Unless recovered from an excess insurer, the special fund shall have a claim against the employer for all monies that are spent or anticipated to be spent under this section, including administrative costs, necessary expenses and attorney fees. Any claim by the special fund shall be made on the cash, securities or bond filed under section 23-961 or applicable rules or on any other asset of the employer.