Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 12 - ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE › Section R20-5-1202 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Article, the definitions of A.R.S. §§
									23-362 (version two), 23-371, and
				  23-364 apply. In addition, unless the context otherwise requires, the following
				  definitions shall apply to both the Act and this Article:
"Act" means A.R.S.
				  Title 23, Chapter 2, Articles 8 and 8.1.
"Affected employee"
				  means an employee or employees on whose behalf a complaint may be filed
				  alleging a violation under the Act.
"Amount of earned paid
				  sick time available to the employee" means the amount of earned paid sick time
				  or equivalent paid time off that is available to the employee for use in the
				  current year.
"Amount of earned paid
				  sick time taken by the employee to date in the year" means the amount of earned
				  paid sick time or equivalent paid time off taken by the employee to date in the
				  current year. Where an employee has used available equivalent paid time off for
				  either the purposes enumerated in A.R.S. §
									23-373 or other purposes, the
				  employer may count that usage towards the "amount of earned paid sick time
				  taken by the employee to date in the year."?
"Amount of pay the
				  employee has received as earned paid sick time" means the amount of pay the
				  employee has received as earned paid sick time or equivalent paid time off to
				  date in the current year. Where an employee has received pay for equivalent
				  paid time off for the purposes enumerated in A.R.S. §
									23-373 or other purposes, the
				  employer may count that pay towards the "amount of pay the employee has
				  received as earned paid sick time."
"Authorized
				  representative" means a person prescribed by law to act on behalf of a party
				  who files with the Department a written instrument advising of the person's
				  authority to act on behalf of the party.
"Casual Basis," when
				  applied to babysitting services, means employment which is irregular or
				  intermittent.
"Commission" means
				  monetary compensation based on:
A percentage of total
				  sales,
A percentage of sales
				  in excess of a specified amount,
A fixed allowance per
				  unit, or
Some other formula the
				  employer and employee agree to as a measure of accomplishment.
"Communicable disease"
				  has the meaning prescribed by A.R.S. §
									36-661.
"Complainant" means a
				  person or organization filing an administrative complaint under the Act.
"Department" means
				  the Labor Department of the Industrial Commission of Arizona or other
				  authorized division of the Industrial Commission as designated by the
				  Industrial Commission.
"Earned sick time"
				  under A.R.S. §
									23-364(G)  means
				  earned paid sick time.
"Employee's regular
				  paycheck" means a regular payroll record that is readily available to employees
				  and contains the information required by A.R.S. §
									23-375(C),
				  including physical or electronic paychecks or paystubs.
"Equivalent paid time
				  off" means paid time off provided under a paid leave policy, such as a paid
				  time off policy, that makes available an amount of paid leave sufficient to
				  meet the accrual requirements of the Act that may be used for the same purposes
				  and under the same conditions as earned paid sick time.
"Filing" means receipt
				  of a report, document, instrument, videotape, audiotape, or other written
				  matter at an office of the Department.
The term "health care
				  professional" in A.R.S. §
									23-373(G)  has
				  the same meaning as "health care professional," as defined in this
				  Section.
"Health care
				  professional" means any of the following:
A "physician" as
				  defined by A.R.S. §
									36-2351;
A "physician
				  assistant" as defined by A.R.S. §
									32-2501;
A "registered nurse
				  practitioner" as defined by A.R.S. §
									32-1601.
A certified nurse
				  midwife who is a registered nurse practitioner approved by the Arizona State
				  Board of Nursing to provide primary care services during pregnancy, childbirth,
				  and the postpartum period;
. A dentist licensed
				  under A.R.S. Title 32, Chapter 11, Article 2; or
A behavioral health
				  provider practicing as:
A psychologist
				  licensed under A.R.S. Title 32, Chapter 19.1;
A clinical social
				  worker licensed under A.R.S. §
									32-3293;
A marriage and
				  family therapist licensed under A.R.S. §
									32-3311; or
A professional
				  counselor licensed under A.R.S. §
									32-3301.
"Health care
				  provider" has the meaning prescribed by A.R.S. §
									36-661.
"Hours worked" means
				  all hours for which an employee covered under the Act is employed and required
				  to give to the employer, including all time during which an employee is on duty
				  or at a prescribed work place and all time the employee is suffered or
				  permitted to work.
"Minimum wage" means
				  the lowest rate of monetary compensation required under the Act.
"Monetary
				  compensation" means cash or its equivalent due to an employee by reason of
				  employment.
"On duty" means time
				  spent working or waiting that the employer controls and that the employee is
				  not permitted to use for the employee's own purpose.
"Public benefits" has
				  the same meaning as "state or local public benefit," as prescribed by A.R.S.
				  §
									1-502(I).
"Public health
				  emergency" means a state of emergency declared by the governor in which there
				  is an occurrence or imminent threat of an illness or health condition caused by
				  bioterrorism, an epidemic or pandemic disease or a highly fatal infectious
				  agent or biological toxin and that poses a substantial risk of a significant
				  number of human fatalities or incidents of permanent or long-term
				  disability.
"Salaried" means receiving a fixed amount of pay regardless
				  of how many hours are worked each week.
"Salary" means a fixed compensation paid regularly for
				  employment.
"Same hourly rate"
				  means the following:
For employees paid on
				  the basis of a single hourly rate, "same hourly rate" shall be the hourly rate
				  the employee would have earned for the period of time in which earned paid sick
				  time or equivalent paid time off is used, but shall in no case be less than
				  minimum wage.
For employees who are
				  paid multiple hourly rates of pay, "same hourly rate" shall be determined in
				  the following order of priority, but shall in no case be less than minimum
				  wage:
The hourly rate the
				  employee would have earned, if known, for each hour of earned paid sick time or
				  equivalent paid time off used.
The weighted average
				  of all hourly rates of pay during the previous pay period.
For employees who are
				  paid a salary, no additional pay is due when the employee's use of earned paid
				  sick time or equivalent paid time off results in no reduction in the employee's
				  regular salary during the pay period in which the earned paid sick time or
				  equivalent paid time off is used. "Same hourly rate" for salaried employees
				  shall be determined in the following order of priority, but shall in no case be
				  less than minimum wage:
The wages an employee
				  earns during each pay period covered by the salary divided by the number of
				  hours agreed to be worked during each pay period, if the number of hours to be
				  worked during each pay period was previously established.
The wages an employee
				  earns during each workweek covered by the salary in the current year divided by
				  40 hours.
For employees paid on
				  a commission, piece-rate, or fee-for-service basis, "same hourly rate" shall be
				  determined in the following order of priority, but shall in no case be less
				  than minimum wage:
The hourly rate of pay
				  previously agreed upon by the employer and the employee as:
A minimum hourly rate
				  for work performed; or
An hourly rate for
				  payment of earned paid sick time or equivalent paid time off.
The wages that the
				  employee would have been paid, if known, for the period of time in which earned
				  paid sick time or equivalent paid time off is used, divided by the number of
				  hours of earned paid sick time or equivalent paid time off used.
A reasonable
				  estimation of the commission, piece-rate, or fee-for-service compensation that
				  the employee would have been paid for the period of time in which the earned
				  paid sick time or equivalent paid time off is used divided by the number of
				  hours of earned paid sick time or equivalent paid time off used.
The hourly average of
				  all commission, piece rate, or fee-for-service compensation that the employee
				  earned during the previous 90 days, if the employee worked regularly during the
				  previous 90-day period, based on:
hours that the
				  employee actually worked; or
a 40-hour
				  workweek.
The hourly average of
				  all commission, piece rate, or fee-for-service compensation that the employee
				  earned during the previous 365 days, based on:
hours that the
				  employee actually worked; or
a 40-hour
				  workweek.
"Same hourly rate"
				  includes shift differentials and premiums meant to compensate an employee for
				  work performed under differing conditions (such as hazard pay or a shift
				  differential for working at night) if the employee would have been entitled to
				  the shift differential or premium for the period of time in which earned paid
				  sick time or equivalent paid time off is used.
"Same hourly rate"
				  does not include:
Additions to an
				  employee's base rate for overtime or holiday pay;
Subject to subsection
				  (e), bonuses or other types of incentive pay; and
Tips or
				  gifts.
"Smallest increment
				  that the employer's payroll system uses to account for absences or use of other
				  time" means the smallest increment of time that an employer utilizes, by policy
				  or practice, to account for absences or use of other paid time off.
"Tip" means a sum
				  that a customer presents as a gift in recognition of some service performed,
				  and includes gratuities. The sum may be in the form of cash, amounts paid by
				  bank check or other negotiable instrument payable at par, or amounts the
				  employer transfers to the employee under directions from a credit customer who
				  designates an amount to be added to a bill as a tip. Gifts in forms other than
				  cash or its equivalent as described in this definition, such as event tickets,
				  passes, or merchandise, are not tips.
"Violation" means a
				  transgression of any statute or rule, or any part of a statute or rule,
				  including both acts and omissions.
"Willfully" means
				  acting with actual knowledge of the requirements of the Act or this Article, or
				  acting with reckless disregard of the requirements of the Act or this
				  Article.
"Workday" means any
				  fixed period of 24 consecutive hours.
"Workweek" means any
				  fixed and regularly recurring period of seven consecutive workdays.