reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-322 - Directory orders

23-322.
Directory orders
A. If the report of a wage board is approved,  the commission shall make and publish a directory order which shall define minimum fair rates in the occupation or occupations as recommended in the report of the wage board. The report shall include proposed administrative regulations the commission deems appropriate to complete the report of the wage board and to protect and maintain the minimum fair wage standards established. The administrative regulations shall include,  among other things,  regulations defining and governing learners and apprentices,  their rates,  number,  piece rates or their relation to time rates,  overtime or part-time rates,  bonuses or special pay for special or extra work.
B. After a directory minimum fair wage order has been in effect for sixty days,  and no appeal has been taken,  it shall become mandatory.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-324 - Reconsideration of minimum wages in effect over a year

23-324.
Reconsideration of minimum wages in effect over a year
At any time after a minimum fair wage order has been in effect for one year or more,  the commission may on its own motion,  and shall,  on petition of twenty or more residents of the state engaged in any particular occupation,  reconsider the minimum fair wage rates set therein and reconvene the same wage board or appoint a new board to recommend whether or not the wage rate or rates contained in the order should be revised. The report of the wage board shall be dealt with in the manner prescribed in this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-325 - Judicial review of commission decisions; scope of review; appeal procedure; action of reviewing court

23-325.
Judicial review of commission decisions;  scope of review;  appeal procedure;  action of reviewing court
A. All questions of fact arising under this article,  except as otherwise provided,  shall be decided by the commission,  but there shall be the right of appeal from the decision of the commission on any question of law or fact,  and there shall be a right of review by the superior court on any decision on a question of law or fact included or embodied in a decision or order of the commission.
B. The review may be had by filing,  within thirty days after the decision of the commission,  an action in the superior court of the county wherein the contract of employment was entered. The commission shall be named defendant in the action. Summons shall issue and be served as in civil actions. The county attorney of the county where the action is filed shall represent the commission.
C. Within twenty days after the date of service of summons on the commission a transcript of the evidence and testimony offered at the hearing shall be filed with the clerk of the court,  and the review shall be had upon the transcript offered and upon other evidence. The review shall not stay the order of the commission until the order is reversed,  vacated or modified by the court.
D. Upon setting aside a decision of the commission,  the court may recommit the controversy and remand the record in the case for further proceedings.
E. Either party may appeal to the supreme court from the judgment in the time and manner provided for appeals from superior courts in civil actions.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-326 - Special licenses to work for less than minimum wage

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-327 - Action by employee for recovery of wages; amount of recovery

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-328 - Contract or agreement for employment of minor at oppressive wage void

23-328.
Contract or agreement for employment of minor at oppressive wage void
It is contrary to public policy for an employer to employ a minor in an occupation at an oppressive and unreasonable wage as defined by section 23-311,  and any contract,  agreement or understanding for,  or in relation to such employment,  is void.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-329 - Violations; classification

23-329.
Violations;  classification
A. An employer or his agent,  or the officer or agent of a corporation,  who knowingly discharges,  or in any other manner discriminates against an employee,  because the employee has served,  or is about to serve,  on a wage board,  or has testified,  or is about to testify before a wage board,  or in any other investigation or proceeding under or related to this article,  or because the employer believes that the employee may serve on a wage board,  or may testify before a wage board or in an investigation or proceeding under this article,  or who deducts any part of any wages or compensation,  other than as prescribed by law,  when due a minor,  is guilty of a petty offense.
B. An employer or his agent,  or the officer or agent of a corporation,  who knowingly pays or agrees to pay to a minor employee less than the wage rates applicable to the minor under a mandatory minimum fair wage order is guilty of a class 3 misdemeanor.
C. An employer or his agent,  or the officer or agent of a corporation,  who fails to keep the records required by this article or to furnish the records to the commission or an authorized representative of the commission upon request is guilty of a petty offense.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-340 - Definitions

23-340.
Definitions
In this article,  unless the context otherwise requires:
1. " Commission"  means the industrial commission of Arizona.
2. " Employee"  means every woman or man in receipt of or entitled to compensation for labor performed for any employer.
3. " Employer"  means this state and any political subdivision of this state which receives state tax monies and every person,  firm,  corporation,  agent,  manager,  representative,  contractor,  subcontractor,  principal or other person having control or direction of any woman or man employed at any labor,  or responsible directly or indirectly for the wages of another.
4. " Wage"  or " wages"  means any compensation for labor measured by time,  piece,  or otherwise.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-341 - Equal wage rates; variations; penalties; enforcement

23-341.
Equal wage rates;  variations;  penalties;  enforcement
A. Notwithstanding the other provisions of this chapter,  no employer shall pay any person in his employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work,  provided,  that nothing herein shall prohibit a variation of rates of pay for male and female employees engaged in the same classification of work based upon a difference in seniority,  length of service,  ability,  skill,  difference in duties or services performed,  whether regularly or occasionally,  difference in the shift or time of day worked,  hours of work,  or restrictions or prohibitions on lifting or moving objects in excess of specified weight,  or other reasonable differentiation,  factor or factors other than sex,  when exercised in good faith.
B. Any employer who violates subsection A of this section is liable to the employee affected in the amount of the wages of which such employee is deprived by reason of such violation.
C. Any affected employee may register with the commission a complaint that the wages paid to such employee are less than the wages to which such employee is entitled under this section.
D. The commission shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to such employees.
E. Any employee receiving less than the wage to which such employee is entitled under this section may recover in a civil action the balance of such wages,  together with the costs of suit,  notwithstanding any agreement to work for a lesser wage.
F. Any action based upon or arising under this section shall be instituted within six months after the date of the alleged violation,  but in no event shall any employer be liable for any pay due under this section for more than thirty days prior to receipt by the employer of written notice of claim thereof from the employee.
G. The burden of proof shall be upon the person bringing the claim to establish that the differentiation in rate of pay is based upon the factor of sex and not upon other differences,  factor or factors.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-350 - Definitions

23-350.
Definitions
In this article,  unless the context otherwise requires:
1. " Department"  means the labor department of the industrial commission of Arizona.
2. " Employee"  means any person who performs services for an employer under a contract of employment either made in this state or to be performed wholly or partly within this state.
3. " Employer"  means any individual,  partnership,  association,  joint stock company,  trust or corporation,  the administrator or executor of the estate of a deceased individual or the receiver,  trustee or successor of any of such persons employing any person. Employer also includes this state and any county,  municipality,  school district or other political subdivision of this state.
4. " Hours worked"  includes all time an employee is employed.
5. " Minimum wage"  means the nondiscretionary minimum compensation due an employee by reason of employment,  including the employee's commissions,  but excluding tips or gratuities.
6. " Payroll card account"  means an account that is directly or indirectly established through an employer and to which electronic fund transfers of an employee's wages are made on a recurring basis whether the account is operated or managed by the employer,  a third-party payroll processor,  a depository institution or any other person.
7. " Wages"  means nondiscretionary compensation due an employee in return for labor or services rendered by an employee for which the employee has a reasonable expectation to be paid whether determined by a time,  task,  piece,  commission or other method of calculation.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-352 - Withholding of wages

23-352.
Withholding of wages
No employer may withhold or divert any portion of an employee's wages unless one of the following applies:
1. The employer is required or empowered to do so by state or federal law.
2. The employer has prior written authorization from the employee. An employer shall not withhold wages under a written authorization from the employee past the date specified by the employee in a written revocation of the authorization,  unless the withholding is to resolve a debt or obligation to the employer or a court orders otherwise.
3. There is a reasonable good faith dispute as to the amount of wages due,  including the amount of any counterclaim or any claim of debt,  reimbursement,  recoupment or set-off asserted by the employer against the employee.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-353 - Payment of wages of discharged employee; violation; classification

23-353.
Payment of wages of discharged employee;  violation;  classification
A. When an employee is discharged from the service of an employer,  he shall be paid wages due him within seven working days or the end of the next regular pay period,  whichever is sooner.
B. When an employee quits the service of an employer he shall be paid in the usual manner all wages due him no later than the regular payday for the pay period during which the termination occurred. If requested by the employee,  such wages shall be paid by mail.
C. Every employer,  including this state and its political subdivisions,  shall pay wages or compensation due an employee under this section in lawful money of the United States by negotiable check,  draft,  money order or warrant,  in the case of the state or any political subdivision,  which can be immediately redeemed in cash at a bank or other financial institution,  payable on demand or by deposit in a financial institution of employee's choice and dated not later than the day upon which the check,  draft,  money order or warrant is given,  and not otherwise.
D. A person violating this section is guilty of a petty offense.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-354 - Preference of wages in insolvency proceedings or upon death of employer

23-354.
Preference of wages in insolvency proceedings or upon death of employer
A. In assignments of property for benefit of creditors or in proceedings in insolvency,  the wages of salesmen,  clerks or laborers employed by the debtor or insolvent,  to the amount of two hundred dollars each for services rendered within sixty days previous to such assignment or insolvency proceedings,  are preferred claims and shall be paid by the trustee,  receiver,  or assignee before any other creditor is paid.
B. Upon the death of an employer,  such wages of such employees rank in priority next after the funeral expenses,  expenses of the last sickness,  the charges and expenses of administering upon the estate and the allowance to the surviving spouse and infant children,  and shall be paid before any other claims against the estate of the deceased person.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-355 - Action by employee to recover wages; amount of recovery

23-355.
Action by employee to recover wages;  amount of recovery
A. Except as provided in subsection B of this section,  if an employer,  in violation of this chapter,  fails to pay wages due any employee,  the employee may recover in a civil action against an employer or former employer an amount that is treble the amount of the unpaid wages.
B. This section does not authorize a county school superintendent to issue a warrant in violation of section 15-304 or in violation of any other provision of law.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-356 - Wage claims

23-356.
Wage claims
A. Instead of proceeding under section 23-355,  an employee may file a written claim with the department for unpaid wages against an employer if the amount of such wages does not exceed five thousand dollars and if such claim is filed within one year of the accrual of such claim.
B. The department may,  on behalf of an employee,  or the employee may obtain judgment and execution,  garnishment,  attachment or other available remedies for collection of unpaid wages established by final determination by the department.
C. The department may receive payment on wage claims on behalf of employees. The department may deposit,  pursuant to sections 35-146 and 35-147,  monies it receives as payment on wage claims in a special state fund for disbursement to wage claimants on proper authorization by the department.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-357 - Investigation of wage and nonwage compensation claims

23-357.
Investigation of wage and nonwage compensation claims
A. The department shall investigate wage and nonwage claims timely filed under section 23-356 to determine if wages are due or if a dispute exists between the parties to the claim.
B. Upon completion of its investigation,  the department shall notify the parties to the claim of its findings in writing,  which may include a finding that a dispute exists which cannot be resolved by the department's investigation. If it is determined that the claim for unpaid wages is valid,  the department shall direct that the unpaid wages be paid by the party responsible for their payment.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-358 - Review of department determination

23-358.
Review of department determination
A. A party aggrieved by a determination under section 23-357 may seek review pursuant to title 12,  chapter 7,  article 6.
B. If the department's determination finds that there is a dispute which cannot be resolved by investigation,  the employee may attempt to recover the amount of wages claimed to be due by instituting a civil action pursuant to section 23-355.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-359 - Effect of department determination

23-359.
Effect of department determination
Unless review is sought pursuant to section 23-358,  the department's determination shall be final upon the expiration of the time for seeking review. A final determination by the department shall be in writing and signed by the director. The final determination may be filed,  recorded and executed upon in the same manner as provided by law for judgments and shall draw interest at the same rate as a judgment from the date of final determination. A final determination of the department which determines or purports to determine the validity or amount of any counterclaim or any claim of debt,  reimbursement,  recoupment or set-off by the employer shall be binding and conclusive only as to the amount of wages to be paid the employee,  if any,  and shall not in any way preclude the employer from raising and litigating such counterclaim or claim in a civil action.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-360 - Penalty

23-360.
Penalty
An employer who has been ordered by the department pursuant to section 23-357 or a court to pay wages due an employee and who fails to do so within ten days after the order becomes final is liable to pay the employee an amount which is equal to treble the amount of the unpaid wages and which shall be subject to interest at the legal rate.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-361.01 - Employer requirements; cash payments; unlawful practices; civil penalty

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-361.02 - Paycheck deductions; authorization; civil penalty; definition

23-361.02.
Paycheck deductions;  authorization;  civil penalty;  definition
A. For deductions after October 1,  2011,  a public or private employer in this state shall not deduct any payment from an employee's paycheck for political purposes unless the employee annually provides written or electronic authorization to the employer for the deduction.
B. If a deduction is made from an employee's paycheck for multiple purposes after October 1,  2011,  the employer shall obtain a statement from each entity to which the deductions are paid that indicates the payment is not used for political purposes or a statement that indicates the maximum percentage of the payment that is used for political purposes. The employer shall not deduct any payment beyond that specified for nonpolitical purposes without the annual written or electronic permission of the employee.
C. The attorney general shall adopt rules that describe the acceptable forms of employee authorization and entity statements under this section.
D. If an employer knowingly deducts payments in violation of subsection A of this section or an entity provides an inaccurate statement under this section,  the respective employer or entity is subject to a civil penalty of at least ten thousand dollars for each violation. The attorney general shall impose and collect the civil penalties under this subsection and shall deposit,  pursuant to sections 35-146 and 35-147,  all civil penalties collected pursuant to this section in the state general fund.
E. This section does not apply to any of the following:
1. A single deduction for nonpolitical purposes.
2. Deductions for savings or charitable contributions.
3. Deductions for employee health care,  retiree or welfare benefits.
4. Deductions for state,  local or federal taxes.
5. Deductions for contributions to a separate segregated fund pursuant to 2 United States Code section 441b(b) or section 16-916.
6. Any deduction otherwise required by law.
F. If an employee has authorized a deduction from the employee's paycheck under this section and the employee resigns membership in the association or organization for which the deduction was authorized,  the employee's authorization for the deduction is rescinded upon the employer's receipt from the employee of written notice of the resignation. The employer shall have one pay period to process the rescission.
G. This section does not preempt any federal law.
H. For the purposes of this section,  employee does not include any public safety employee,  including a peace officer,  firefighter,  corrections officer,  probation officer or surveillance officer,  who is employed by this state or a political subdivision of this state.
I. For the purposes of this section,  " political purposes"  means supporting or opposing any candidate for public office,  political party,  referendum,  initiative,  political issue advocacy,  political action committee or other similar group.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-362 - Minimum wage; prohibition

23-362.
Minimum wage;  prohibition
(L97,  Ch. 51,  sec. 1. Caution: 1998 Prop. 105 applies.)
A. The legislature declares that the establishment of a uniform minimum wage is a matter of statewide concern.
B. No political subdivision of this state may establish,  mandate or otherwise require a minimum wage that exceeds the federal minimum wage prescribed in 29 United States Code section 206.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-362; Version 2 - Definitions

23-362.
Definitions
(2006 Prop. 202,  sec. 2. Caution: 1998 Prop. 105 applies.)
As used in this article,  unless the context otherwise requires:
A. " Employee"  means any person who is or was employed by an employer but does not include any person who is employed by a parent or a sibling,  or who is employed performing babysitting services in the employer's home on a casual basis.
B. " 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,  the United States,  or a small business.
C. " Small business"  means any corporation,  proprietorship,  partnership,  joint venture,  limited liability company,  trust,  or association that has less than five hundred thousand dollars in gross annual revenue and that is exempt from having to pay a minimum wage under section 206(a) of title 29 of the United States Code.
D. " Employ"  includes to suffer or permit to work;  whether a person is an independent contractor or an employee shall be determined according to the standards of the federal fair labor standards act,  but the burden of proof shall be upon the party for whom the work is performed to show independent contractor status by clear and convincing evidence.
E. " Wage"  means monetary compensation due to an employee by reason of employment,  including an employee's commissions,  but not tips or gratuities.
F. " Law enforcement officer"  means the attorney general,  a city attorney,  a county attorney or a town attorney.
G. " Commission"  means the industrial commission of Arizona,  any successor agency,  or such other agency as the governor shall designate to implement this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-363 - Minimum wage

23-363.
Minimum wage
(Caution: 1998 Prop. 105 applies)
A. Employers shall pay employees no less than the minimum wage,  which shall be not less than:
1. $10 on and after January 1,  2017.
2. $10.50 on and after January 1,  2018.
3. $11 on and after January 1,  2019.
4. $12 on and after January 1,  2020.
B. The minimum wage shall be increased on January 1,  2021 and on January 1 of successive years,  by the increase in the cost of living. The increase in the cost of living shall be measured by the percentage increase as of August of the immediately preceding year over the level as of August of the previous year of the consumer price index (all urban consumers,  U.S. city average for all items) or its successor index as published by the U.S. department of labor or its successor agency,  with the amount of the minimum wage increase rounded to the nearest multiple of five cents.
C. For any employee who customarily and regularly receives tips or gratuities from patrons or others,  the employer may pay a wage up to $3.00 per hour less than the minimum wage if the employer can establish by its records of charged tips or by the employee's declaration for federal insurance contributions act (FICA) purposes that for each week,  when adding tips received to wages paid,  the employee received not less than the minimum wage for all hours worked. Compliance with this provision will be determined by averaging tips received by the employee over the course of the employer's payroll period or any other period selected by the employer that complies with regulations adopted by the commission.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-365 - Reliance on administrative rule or regulation

23-365.
Reliance on administrative rule or regulation
(Added with a 1998 Prop. 105 clause pursuant to L07,  Ch. 272)
In any action or proceeding commenced on or after January 1,  2007,  an employer or other entity is not liable if the employer or entity fails to pay the minimum wage if the employer or entity proves that the act or omission was in good faith,  conformed with and relied on an administrative regulation,  order,  ruling,  approval or interpretation,  administrative practice or enforcement policy issued by the commission pursuant to and in accordance with the commission s authority under this article. This defense,  if established,  bars the action or proceeding,  notwithstanding that after the act or omission,  the administrative regulation,  order,  ruling,  approval,  interpretation,  practice or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-371 - Definitions

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-374 - Exercise of rights protected; retaliation prohibited

23-374.
Exercise of rights protected;  retaliation prohibited
(Caution: 1998 Prop. 105 applies)
A. It shall be unlawful for an employer or any other person to interfere with,  restrain,  or deny the exercise of,  or the attempt to exercise,  any right protected under this article.
B. An employer shall not engage in retaliation or discriminate against an employee or former employee because the person has exercised rights protected under this article. Such rights include but are not limited to the right to request or use earned paid sick time pursuant to this article;  the right to file a complaint with the commission or courts or inform any person about any employer's alleged violation of this article;  the right to participate in an investigation,  hearing or proceeding or cooperate with or assist the commission in its investigations of alleged violations of this article;  and the right to inform any person of his or her potential rights under this article.
C. It shall be unlawful for an employer's absence control policy to count earned paid sick time taken under this article as an absence that may lead to or result in discipline,  discharge,  demotion,  suspension,  or any other adverse action.
D. Protections of this section shall apply to any person who mistakenly but in good faith alleges violations of this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-375 - Notice

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-377 - Confidentiality and nondisclosure

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-378 - Encouragement of more generous earned paid sick time policies; no effect on more generous policies or laws

23-378.
Encouragement of more generous earned paid sick time policies;  no effect on more generous policies or laws
(Caution: 1998 Prop. 105 applies)
A. Nothing in this article shall be construed to discourage or prohibit an employer from the adoption or retention of an earned paid sick time policy more generous than the one required herein.
B. Nothing in this article shall be construed as diminishing the obligation of an employer to comply with any contract,  collective bargaining agreement,  employment benefit plan or other agreement providing more generous paid sick time to an employee than required herein. Nothing in this article shall be construed as diminishing the rights of public employees regarding paid sick time or use of paid sick time.
C. Nothing in this article shall be construed to supersede any provision of any local law that provides greater rights to paid sick time than the rights established under this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-379 - Other legal requirements

23-379.
Other legal requirements
(Caution: 1998 Prop. 105 applies)
A. Nothing in this article shall be interpreted or applied so as to create a conflict with federal law.
B. This article provides minimum requirements pertaining to earned paid sick time and shall not be construed to preempt,  limit,  or otherwise affect the applicability of any other law,  regulation,  requirement,  policy,  or standard that provides for greater accrual or use by employees of earned paid sick time or that extends other protections to employees.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-380 - Public education and outreach

23-380.
Public education and outreach
(Caution: 1998 Prop. 105 applies)
The commission may develop and implement a multilingual outreach program to inform employees,  parents and persons who are under the care of a health care provider about the availability of earned paid sick time under this article. This program may include the distribution of notices and other written materials in English,  Spanish,  and any language deemed appropriate by the commission to all child care and elder care providers,  domestic violence shelters,  schools,  hospitals,  community health centers and other health care providers.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-381 - Collective bargaining agreements

23-381.
Collective bargaining agreements
(Caution: 1998 Prop. 105 applies)
All or any portion of the earned paid sick time requirements of this article shall not apply to employees covered by a valid collective bargaining agreement,  to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms. No provisions of article 8.1 shall apply to employees covered by a collective bargaining agreement in effect on the effective date of this act until the stated expiration date in the collective bargaining agreement.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-391 - Overtime pay; workweek

23-391.
Overtime pay;  workweek
A. Subject to availability of appropriated monies,  an employee of this state or any political subdivision who serves in a position determined by the law enforcement merit system council,  the director of the department of administration,  the Arizona board of regents,  the board of directors for the Arizona state schools for the deaf and the blind or the governing body of a political subdivision,  in the discretion of the board or body,  to be eligible for overtime compensation and who is required to work in excess of the person's normal workweek shall be compensated for the excess time at the following rates:
1. One and one-half times the regular rate at which the person is employed or one and one-half hours of compensatory time off for each hour worked if overtime compensation is mandated by federal law.
2. If federal law does not mandate overtime compensation,  the regular rate of pay or compensatory leave on an hour-for-hour basis at the discretion of the board or governing body.
B. Notwithstanding subsection A of this section,  this state or a political subdivision may provide,  by action of the law enforcement merit system council,  the Arizona board of regents,  the board of directors for the Arizona state schools for the deaf and the blind or the director of the department of administration in the case of this state or of the governing body of the political subdivision,  for a workweek of forty hours in less than five days for certain classes of employees employed by this state or the political subdivision.
C. For state agencies of the state personnel system,  unless otherwise provided by law,  the state workweek is the period of seven consecutive days starting Saturday at 12:00 a.m. and ending Friday at 11:59 p.m. Notwithstanding any other law,  the director of the department of administration may authorize a workday,  for the method and purpose of recording time entries to be included in a workweek and a pay period for employees of this state who are in the correctional officer class series of the state department of corrections or who are employed at the Arizona state hospital and who are regularly scheduled to work a shift that spans two calendar days,  defined as the day a majority of the hours are regularly scheduled to be worked. If the regularly scheduled hours are equally split between two calendar days,  the workday is defined as the day the shift ends. Scheduled shift start and end times shall not be adjusted to avoid the payment of overtime.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-402 - Applicability

23-402.
Applicability
Nothing in this article shall apply to working conditions of employees with respect to which any state agency acting under section 274(b) of the atomic energy act of 1954,  as amended,  or under title 27,  chapter 3,  Arizona Revised Statutes,  exercises statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-403 - Employer's duty

23-403.
Employer's duty
A. Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.
B. Each employer shall comply with occupational safety and health standards and all regulations and orders issued pursuant to this article.
C. Notwithstanding subsection A of this section,  a condition or practice which is common within an industry is not deemed a recognized hazard unless a standard or regulation concerning the condition or practice has been developed pursuant to section 23-410 or 23-414.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-405 - Duties and powers of the industrial commission relative to occupational safety and health

23-405.
Duties and powers of the industrial commission relative to occupational safety and health
The commission shall:
1. Administer the provisions of this article through the division of occupational safety and health.
2. Appoint the director of the division of occupational safety and health.
3. Cooperate with the federal government to establish and maintain an occupational safety and health program as effective as the federal occupational safety and health program.
4. Promulgate standards and regulations as required,  pursuant to section 23-410,  and promulgate such other rules and regulations as are necessary for the efficient functioning of the division.
5. Have the authority to issue reasonable temporary,  experimental and permanent variances pursuant to sections 23-411 and 23-412.
6. Exercise such other powers as are necessary to carry out the duties and requirements of this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-406 - Division of occupational safety and health; director; appointment; qualifications; compensation

23-406.
Division of occupational safety and health;  director;  appointment;  qualifications;  compensation
A. There shall be a division of occupational safety and health within the industrial commission.
B. The director of the division of occupational safety and health shall be the administrative head of the division under the control of the commission. The director shall be appointed by the commission and shall serve at the pleasure of the commission.
C. The director shall be:
1. A person who has been employed in the safety or health profession a minimum of ten years in the aggregate and is currently engaged in the broad practice of safety or health or one of its relevant specialties or holds a degree from an accredited college or university appropriate to the field of safety and health and has a minimum of five years' experience in the broad practice of safety or one of its relevant specialties,  and has been registered or licensed by a state agency as a professional appropriate to his field of safety and health or has been certified as competent within the broad practice of safety or health or one of its relevant specialties by an organization recognized as qualified by the American society of safety engineers or American industrial hygiene association.
2. Competent to deal with the planning,  design and needs of business operations as the use of such operations relates to the safe,  convenient and economic performance of their business functions,  with not less than three years' experience in an administrative capacity in the field of occupational safety and health.
D. The salary of the director shall be determined pursuant to section 38-611.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-407 - Duties and powers of the division

23-407.
Duties and powers of the division
The division on behalf of the commission shall:
1. Recommend all standards,  rules or changes thereto,  pursuant to section 23-410,  to the commission for the commission's approval or disapproval.
2. Have the authority to enforce all such standards or rules,  after adoption by the commission,  pursuant to the procedures and requirements of this article.
3. Implement an occupational safety and health program that includes the following duties and responsibilities:
(a) Development of a statewide occupational safety and health education and training program to acquaint employers,  supervisors,  employees and employee representatives with the most modern and effective techniques of accident prevention and occupational health control.
(b) Development of training programs for employees of the division,  and where necessary develop certification programs for recognition of competent,  trained personnel.
(c) Planning,  organizing,  conducting or attending occupational safety and health seminars,  conferences and meetings designed for management,  supervisory personnel,  employees and employer representatives and establishing liaison with other safety and health groups as may be necessary.
(d) Definition and establishment of necessary research projects.
(e) Arrangement and procurement of necessary contractual services and training aids.
(f) Development of specific occupational safety and health programs for employer and employee representative groups.
4. Develop and maintain an effective program of collection,  compilation and analysis of occupational safety and health statistics. The division shall compile statistics on work injuries and illnesses that shall include all disabling,  serious or significant injuries and illnesses whether or not involving loss of time from work,  other than minor injuries requiring only first aid treatment and that do not involve medical treatment,  loss of consciousness,  restriction of work or motion or transfer to another job.
5. Coordinate the responsibilities and functions of other state agencies and political subdivisions of the state with regard to occupational safety and health in order to develop a comprehensive statewide program.
6. Contract with the office of administrative hearings to conduct hearings and adjudicate contested cases on an employer filing a notice of contest of a citation,  proposed penalty or abatement period pursuant to this article. The decisions of the office of administrative hearings shall be subject to appeal to the review board established pursuant to this article.