PocketLaw | Arizona Revised Statutes | Labor

Labor

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Industrial commission; members; qualifications; appointment; terms; compensation; removal

Payment of salaries of commissioners

Organization; quorum

Seal; copies of orders or records as evidence

Sites of offices and sessions; business hours; sessions and records; voting

Capacity to sue and be sued; service of summons on commission

General powers

Director; employees; compensation and expenses

Section
23-108.01

Powers and duties of director

Section
23-108.02

Administrative law judges

Section
23-108.03

Performance of certain powers and duties

Gifts and grants

Industrial commission ombudsman

Obtaining labor by false pretenses; civil liability; classification

Exaction of fee or gratuity as condition of employment prohibited; classification

Compulsion or coercion of employee or another to buy from a particular person; classification

Employee benefits; state preemption; exemption; definition

Employee scheduling; state preemption; exemptions

Employers; accommodations required

Definitions

Knowingly employing unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense

Section
23-212.01

Intentionally employing unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense

Employer actions; federal or state law compliance

Verification of employment eligibility; e-verify program; economic development incentives; list of registered employers

Voluntary employer enhanced compliance program; program termination

Independent contractors; applicability

Definitions

Prohibited employments of persons under the age of eighteen

Prohibited employments of persons under the age of sixteen

Permissible hours of labor for persons under the age of sixteen; exceptions; definition

Minimum age of newspaper carriers

Exemptions

Cease and desist order; time for compliance; civil penalty

Hearings on cease and desist orders

Injunctive relief

Violation; classification

Rules and regulations

Application for variation; contents; notice; denial; hearing

Applicability of other laws

Operation of certain railroad employers on prescribed time

Underground mine employees and hoisting engineers; twelve hour day; exceptions; violation; classification

Laundry workers; exceptions; posting notice of hours of labor; arrangement of laundry rooms; violation; classification

Section
23-286.01

Agricultural operations

Requiring railroad employee to work longer than sixteen consecutive hours; classification

Definitions

Powers and duties of commission

Investigation of wage rates

Wage board; membership; organization; quorum; compensation

Classification of employments by wage board

Establishment of minimum fair wage; procedure; criteria

Learner and apprentice wage rates

Power of wage board to administer oaths, issue subpoenas and take depositions

Notice of hearing on wage matters

Duty of commission to provide information to wage board

Report of wage board; action by commission

Directory orders

Posting of wage orders

Reconsideration of minimum wages in effect over a year

Judicial review of commission decisions; scope of review; appeal procedure; action of reviewing court

Special licenses to work for less than minimum wage

Action by employee for recovery of wages; amount of recovery

Contract or agreement for employment of minor at oppressive wage void

Violations; classification

Definitions

Equal wage rates; variations; penalties; enforcement

Definitions

Designation of paydays for employees; payment; exceptions; violation; classification; applicability; definition

Withholding of wages

Payment of wages of discharged employee; violation; classification

Preference of wages in insolvency proceedings or upon death of employer

Action by employee to recover wages; amount of recovery

Wage claims

Investigation of wage and nonwage compensation claims

Review of department determination

Effect of department determination

Penalty

Rules and regulations

Section
23-361.01

Employer requirements; cash payments; unlawful practices; civil penalty

Section
23-361.02

Paycheck deductions; authorization; civil penalty; definition

Minimum wage; prohibition

Version 2 - Definitions

Minimum wage

Enforcement

Reliance on administrative rule or regulation

Definitions

Accrual of earned paid sick time

Use of earned paid sick time

Exercise of rights protected; retaliation prohibited

Notice

Regulations

Confidentiality and nondisclosure

Encouragement of more generous earned paid sick time policies; no effect on more generous policies or laws

Other legal requirements

Public education and outreach

Collective bargaining agreements

Overtime pay; work week

Overtime compensation for certain law enforcement or probation officer activities; option; definitions

Definitions

Applicability

Employer's duty

Employee's duty

Duties and powers of the industrial commission relative to occupational safety and health

Division of occupational safety and health; director; appointment; qualifications; compensation

Duties and powers of the division

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

Advisory committees

Development of standards and rules

Temporary and experimental variances

Permanent variances

Protest of validity of order

Emergency temporary standards

Citations

De minimis violations

Enforcement procedure

Penalties; violation; classification

Section
23-418.01

Additional penalty for wilful or repeated violation causing employee permanent disability or death covered by workers' compensation; payment to employee; enforcement

Imminent dangers

Hearing rights and procedures

Decisions of the administrative law judge; definition

Review board

Review board rights and procedures; definition

Employee discharge or discrimination

Confidentiality of trade secrets

Employer recordkeeping

State legal representation

Employer and employee representation

Political subdivision jurisdiction

Standards of competency

Voluntary protection and other model system implementation programs; exemption

Consulting program

Definitions

Administration

Owner's and operator's duty

Duties of commission

Duties of division

Safety standards and regulations

Notice requesting investigation

Enforcement

Hearing rights and procedures

Decisions of administrative law judge; contents; disposition and effect

Decision upon review

Time for compliance with order; extension of time; effect of orders

Petition for special action to review lawfulness of decision, order or decision upon review; procedure

Nonimpairment of other agencies

Special inspectors; civil liability

Boiler advisory board; members; terms; meetings

Political subdivision jurisdiction

Division inspection service

Definitions

Section
23-491.01

Administration

Section
23-491.02

Owner's and operator's duty

Section
23-491.03

Existing conveyances

Section
23-491.04

Commission powers and duties

Section
23-491.05

Division powers

Section
23-491.06

Development of standards and regulations

Section
23-491.07

Certificate of inspection

Section
23-491.08

Notice requesting investigation; confidentiality; determination of grounds

Section
23-491.09

Enforcement

Section
23-491.10

Hearing rights and procedures

Section
23-491.11

Decisions of administrative law judge; contents; disposition and effect

Section
23-491.12

Decision upon review

Section
23-491.13

Effective date of orders; time for compliance; effect of orders

Section
23-491.14

Petition for special action to review lawfulness of decision, order or decision upon review; procedure

Section
23-491.15

Nonimpairment of other agencies

Section
23-491.16

Private elevator inspector; qualifications; civil penalty; prohibited conduct; exemption from rule making

Definitions

Section
23-493.01

Collection of samples

Section
23-493.02

Scheduling of tests

Section
23-493.03

Testing procedures

Section
23-493.04

Testing policy requirements

Section
23-493.05

Disciplinary procedures

Section
23-493.06

Employer protection from litigation

Section
23-493.07

Causes of action based on test results

Section
23-493.08

Limits to causes of action

Section
23-493.09

Confidentiality of results; access to records

Section
23-493.10

Construction; collective bargaining

Section
23-493.11

Effect of mandatory testing obligations

Section
23-493.12

Severability

Noncompete clause prohibition; broadcast employees; definitions

Definitions

Section
23-495.01

Voluntary veterans' performance employment policy; private employers; eligibility

Definitions

Rehabilitation services

Duties and powers

Section
23-503.01

Coordination of vocational rehabilitation services

Merchandising businesses for the blind

Eligibility for assistance

Hearings

Administrative funds

Definitions

Exemptions

Day labor service agency; third party employer; duties

Definitions

Professional employer agreements; rights; notice

Registration requirements; confidentiality

Initial registration; fee

Renewal registration; fee

Group registration

Limited registration; fee

Alternative registration; fee

Financial capability; bonding; exception

Liability

Tax obligations and incentives

Services not insurance

Rights; duties

Covered employees; licensing

Violations; classification; civil penalties; rules

Professional employer organization fund; use; exemption

Declaration of policy

Definitions of words and phrases

Agricultural labor; definitions; exemption

Section
23-603.01

American employer

Annual payroll and average annual payroll

Base period

Base-period employers

Base-period wages

Benefits

Benefit year

Section
23-609.01

Hearing officers

Calendar quarter

Definition

Contributions

Section
23-612.01

Crew leader

Employer

Section
23-613.01

Employee; definition; exempt employment

Employing unit; temporary services employer; professional employer organization; definitions

Employment; definition

Section
23-615.01

Political subdivision or instrumentality employment

Employment office

Exempt employment; definition

Fund

Section
23-618.01

Hospital

Section
23-618.02

Institution of higher education

Insured work

Section
23-619.01

Misconduct connected with the employment; wilful misconduct; evaluation

State

Unemployed; definition

Section
23-621.01

United States

Wages

Week

Plan maintained by an employer

Definition of levy

Section
23-625.01

Definition of debtor

Section
23-625.02

Definition of internal revenue code

Eligibility period

Exhaustee

Extended benefit period

Extended benefits

On and off indicators

Rate of insured unemployment; definition

Definition of regular benefits

Definition of state law

Eligibility requirements for extended benefits

Section
23-634.01

Denial of benefits for failure to accept suitable work or actively seek work; definition

Weekly extended benefit amount

Total extended benefit amount; certain adjustments

Beginning and termination of extended benefit period

Credits and charges to employer accounts

Applicability of other articles

Compromise of claims for contributions

Extensions of time; regulations

Reciprocal arrangements

State-federal cooperation

Manpower services

Acquisition of lands and buildings

Publications by commission

Availability of records to foreign agency

Enforcement of chapter

Violations; classification

Appeal tribunals

Appeals board

Section
23-672.01

Effect of finding, judgment, conclusion or order in separate or subsequent action or proceeding; use as evidence

Determination of claim on unemployment due to labor dispute

Procedure in rendering decisions and orders; rights of parties; representation

Depositions; oaths; attendance of witnesses; production of papers

Failure to obey commission subpoena; classification

Contempt by contumacy or refusal to obey subpoena of commission

Fees of witnesses

Notices of hearings

Changing hearing date; good cause

Service of documents by electronic means

Exemption of claimant from fees; approval required for counsel or agent fee; violation; classification

Unemployment compensation fund; administration; composition

Custody of unemployment compensation fund

Accounts comprising unemployment compensation fund; deposits; refunds; commingling funds prohibited

Requisitions and withdrawals from accounts in unemployment compensation fund; conditions of expenditure for benefits, refunds and administration

Special administration fund

Use of special administration fund; transfer of monies

Employment security administration fund

Reimbursement of employment security administration fund

Employment service account

Work records kept by employing unit; inspection by commission

Reports of employing unit; information confidential; report of banking institution; disclosure of information; violation; classification

Section
23-722.01

Employer reporting; exceptions; retention of records; unauthorized disclosure; civil penalty; new hire directory; definitions

Section
23-722.02

Employer request; employee disclosure; violation; classification; requirements

Section
23-722.03

Memorandum of understanding; retention; use; definition

Section
23-722.04

Unemployment insurance information; disclosure; violation; classification

Penalties for failure to file timely or complete contribution and wage reports

Liability determinations; review; finality

Employer coverage; termination; election of coverage

Contributions; voluntary payment

Credits and charges to employer accounts

Standard rate of contribution

Change from the standard contribution rate

Variation and adjustment of contribution rates

Classification of employers by benefit experience to determine contribution rates; rate when report unavailable

Annual notice to employer of contribution rate; procedure for review and redetermination; quarterly notification; notification by electronic means

Transfer of employer experience rating accounts to successor employer; liability of successor

Section
23-733.01

Assignments of rates; transfers of experience; violation; civil penalty; definitions

Agreement by employee to pay employer contribution void

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

Interest on past due contributions; deposit of interest

Collection of contributions or interest; precedence of action

Section
23-737.01

Collection of amounts due by certificate for judgment

Section
23-737.02

Recovery of collection costs; fee for bad checks

Delinquency assessments; interest and penalties; petition for reassessment

Section
23-738.01

Deficiency assessment; petition for reassessment

Jeopardy assessment; petition for reassessment

Procedure on petition for reassessment

Payment of amounts in dispute

Adjustment or refund of contribution; limitation

Limitations

Priority of claim for contributions due upon insolvency proceedings

Lien for unpaid contributions, interest and penalties

Superiority of lien; notice

Section
23-746.01

Release or subordination of lien

Release of lien; bond; foreclosure and judgment against surety

Effect upon lien of transfer of assets by delinquent

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

Special provisions for nonprofit organizations and state and local governments

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

Section
23-751.01

Employment by an Indian tribe; benefits; payments in lieu of contributions; definitions

Levy assessment and distraint

Surrender of property subject to levy; definition

Production of books

Property exempt from levy

Notice and sale of seized property

Authority to release levy and return property

Definitions

Requirements of shared work plan; approval

Shared work benefits; eligibility; requirements

Amount of benefits

Other provisions of this chapter; department regulations; applicability

Eligibility for benefits

Section
23-771.01

Approved training; definitions

Section
23-771.02

Training program

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

Examination and determination of claims

Documentation of benefit eligibility

Disqualification from benefits

Disqualification from benefits for failure to accept suitable work or actively seek work; exceptions

Disqualification from benefits for unemployment resulting from labor dispute; exceptions; effect on contribution rate

Disqualification from benefits for fraud

Amount of benefits

Duration and amount of benefits

Version 2 - Duration and amount of benefits; definition

Denial of benefits to certain athletes and aliens

Payment of benefits

Assignment or pledge of benefits void; exemption from attachment or execution; waiver of exemption void

Agreement for waiver of rights void

False statement, misrepresentation or nondisclosure of material fact to obtain benefits; classification

False statement, misrepresentation or nondisclosure of material fact to defraud claimant; classification

Repayment of and deductions for benefits obtained by claimants not entitled to benefits; collection; interest

Recovery of trade act overpayments

Recovery of child support obligations; definitions

Section
23-789.01

Recovery of uncollected overissuance of food stamp coupons; definitions

Recovery on behalf of foreign agency of benefits paid through nondisclosure or misrepresentation of material fact

Benefits reduced by pension payment; definition

Voluntary withholding; income tax

Qualified transient lodging employment; definition

School bus contractors with educational institutions; definition

Contract educational providers; definition

Services for a charter school; benefits

Reservation of legislative authority; no vested rights

Severability

Section
23-799.01

Fraud prevention; report

Liability of employer

Declaration of policy

Hazardous occupations

Posting of notices by employer

Right of action for damages; two-year limitation

Contributory negligence or assumption of risk as question of fact; effect of comparative negligence on damages

Agreement exempting employer from liability void; setoffs by employer

Limitation on attorney's fee; violation; classification

Definitions

Section
23-901.01

Occupational disease; proximate causation; definition

Section
23-901.02

Liability of last employer; exception

Section
23-901.03

Appointment of committee of medical consultants for claims; qualifications, powers, duties and compensation

Section
23-901.04

Compensation precluded by misconduct, self-exposure or disobedience of orders of commission; definition

Section
23-901.05

Occupational disease aggravated by other disease or other disease aggravated by occupational disease; effect on compensation

Section
23-901.06

Volunteer workers

Section
23-901.07

Persons with disabilities in vocational training; definition

Section
23-901.08

Professional employer organizations

Section
23-901.09

Presumption; cancers; firefighters and fire investigators; applicability; definitions

Employers subject to chapter; exceptions

Application of chapter to persons engaged in interstate commerce; limitation

Arizona worker injuries in other state; injury to foreign worker in this state; evidence of insurance; judicial notice of other state's laws

Minor employees; limitation on payment of lump sum award; additional compensation

Liability under chapter or under common law of employer securing compensation; carriers; service representatives; right of employee to make election; procedure for making election

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

Injury reports by employer and physician; schedule of fees; violation; classification

Motion picture exemption

Exemption for licensees

Administration of chapter

Inspection of employer records; noncompliance by employer; penalty

Power to enter places of employment

Investigation by agents

Enforcement of chapter

Unfair claim processing practices; bad faith; civil penalties

Violations; classification

Priority of judgment against assets of employer

Hearing rights and procedure

Section
23-941.01

Settlement of claims; full and final; exception; definitions

Section
23-941.02

Vexatious litigants; designation; definitions

Section
23-941.03

Settlement of claims; supportive medical maintenance benefits; definition

Awards of administrative law judge; contents; disposition and effect

Decision on review

Effective date of orders; time for compliance; effect of orders

Petition for hearing on validity of order; procedure; substitution of order

Action asserting invalidity of order; limitation; venue and procedure

Section
23-946.01

Stay of court proceedings pending determination of issues by commission

Time within which hearing must be requested; definition

Jurisdiction of actions concerning orders or petitions for writ of mandamus; right of appeal

Effect of action concerning order; procedure to stay order

Priority of actions

Writ of certiorari to review lawfulness of award, order or decision upon review; procedure

Continuation of order or award pending hearing or appeal

Notice of award; effect of petition for hearing or appeal; overpayment

Payment of interest on awards

Methods of securing compensation by employers; deficit premium; civil penalty

Section
23-961.01

Self-insurance pools

Insurance by governmental units; payment of premiums

Provisions of compensation insurance policy

Section
23-963.01

Policies with deductible coverage

Posting notice of compliance with compensation law

Failure of employer to pay claim or comply with commission order; reimbursement of funds

Deduction of premium from employee wage or salary; violation; classification

Notification to employer by carrier

Satisfaction of lien; release

Misrepresentation of payroll, job description, job function or loss history affecting premium payment; violation; classification; penalty; statute of limitations; civil action

Firefighter and fire investigator cancer claim information; data sharing; definitions

Section
23-1001

Delivery of insurance contract or policy to employer

Section
23-1021

Right of employee to compensation

Section
23-1021.01

Peace officers; fire fighters; employment status

Section
23-1022

Compensation as exclusive remedy for employees; definition; exceptions; public agency employees

Section
23-1023

Liability of third person to injured employee; election of remedies

Section
23-1024

Choice of remedy as waiver of alternate remedy

Section
23-1025

Agreement by employee to waive compensation or to pay premium void; unlawful collection of premium; classification

Section
23-1026

Periodic medical examination of employee; effect of refusal or obstruction of examination or treatment

Section
23-1027

Compensation precluded by neglect or refusal of employee to submit to treatment

Section
23-1028

False statements or representations to obtain compensation; forfeiture; violation; classification; sworn statement; definition

Section
23-1029

Repeal of chapter; effect on rights of parties

Section
23-1030

Effect on employers' liability law

Section
23-1031

Persons incarcerated; suspension of benefits

Section
23-1041

Basis for computing compensation; definition

Section
23-1042

Basis for computing average monthly wage of minor permanently incapacitated

Section
23-1043

Hernias classified for compensation purposes

Section
23-1043.01

Heart-related and mental cases

Section
23-1043.02

Human immunodeficiency virus; establishing exposure; definition

Section
23-1043.03

Hepatitis C; establishing exposure; definition

Section
23-1043.04

Methicillin-resistant staphylococcus aureus; spinal meningitis; tuberculosis; establishing exposure; definitions

Section
23-1044

Compensation for partial disability; computation

Section
23-1045

Compensation for total disability; permanent total disability defined

Section
23-1046

Death benefits

Section
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

Section
23-1048

Reasonable accommodations; earning capacity determination; definitions

Section
23-1061

Notice of accident; form of notice; claim for compensation; reopening; payment of compensation

Section
23-1061.01

Treatment by prayer or spiritual means

Section
23-1062

Medical, surgical, hospital benefits; translation services; travel expenses; commencement of compensation; method of compensation

Section
23-1062.01

Timely payment of medical, surgical and hospital benefit billing; content of bills; contracts between providers and carriers; exceptions; definitions

Section
23-1062.02

Use of controlled substances; prescription of schedule II controlled substances; reports; treatment plans; monitoring program inquiries; preauthorizations; definitions

Section
23-1062.03

Evidence-based medical treatment guidelines

Section
23-1063

Apportionment of compensation

Section
23-1064

Presumptions of dependency; determination

Section
23-1065

Special fund; purposes; investment committee

Section
23-1066

Minor or incompetent claimant; appointment of guardian ad litem; procedure

Section
23-1067

Commutation of compensation to lump sum payment

Section
23-1068

Assignment of compensation; exemption from attachment or execution; payment to nonresident

Section
23-1069

Attorney's fees; payment; time limitation

Section
23-1070

Medical, surgical and hospital benefits provided by employer; pilot program

Section
23-1070.01

Request for early hearing; stipulation; action of commission

Section
23-1071

Notice by employees with disabilities of absence from locality or state; failure to give notice; change of doctor

Section
23-1072

Autopsy in death claims; effect of refusal by claimant

Section
23-1073

Processing of prior claims

Section
23-1081

Administrative fund; purposes and administration

Section
23-1091

Assigned risk plan

Section
23-1101

Definition of report

Section
23-1102

Workers' compensation presumptions of compensability; report

Section
23-1103

Impact of presumptions; liability

Section
23-1104

Report procedures and deadlines

Section
23-1105

Heart-related, perivascular and pulmonary cases; firefighters; presumption; definition

Section
23-1301

Definitions

Section
23-1302

Prohibition of agreements denying employment because of nonmembership in labor organization

Section
23-1303

Illegality of acts or agreements violating article; strike or picketing for illegal purpose

Section
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

Section
23-1305

Prohibition of conspiracy to induce persons to refuse to work with persons not members of labor organization

Section
23-1306

Civil liability of person violating article

Section
23-1307

Injunctive relief from injury resulting from violation of article

Section
23-1321

Definitions

Section
23-1322

Unlawful picketing

Section
23-1323

Injunctive relief; damages

Section
23-1324

Violations; classification

Section
23-1325

Defamation; damages

Section
23-1327

Unlawful mass assembly

Section
23-1328

Trespassory assembly

Section
23-1329

Publicizing enjoined picketing or assembly; prohibition

Section
23-1341

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

Section
23-1342

Compelling or coercing another not to join labor union as requisite to employment; classification

Section
23-1361

Blacklist; definition; exceptions; privileged communications; immunity

Section
23-1362

Blacklisting; classification

Section
23-1381

Declaration of policy

Section
23-1382

Definitions

Section
23-1383

Rights of employees

Section
23-1384

Rights of employer

Section
23-1385

Unfair labor practices; definition

Section
23-1386

Agricultural employment relations board; members; terms; appointment

Section
23-1387

Powers and duties

Section
23-1388

Officers and employees of the board

Section
23-1389

Representatives and elections

Section
23-1390

Prevention of unfair labor practices

Section
23-1391

Investigatory powers

Section
23-1392

Violation; classification

Section
23-1393

Court jurisdiction

Section
23-1394

Scope of article

Section
23-1395

Limitations

Section
23-1411

Public safety employee organizational rights; definition

Section
23-1421

Labor organizations; fiduciary guidelines; disclosure; accounting methods; benefit choice; fringe benefit contributions; dues; contracts; applicability; definition

Section
23-1501

Severability of employment relationships; protection from retaliatory discharges; exclusivity of statutory remedies in employment

Section
23-1502

Constructive discharge

Section
23-1601

Declaration of independent business status

Section
23-1602

Determination of employment relationship; prohibition

Section
23-1603

Qualified marketplace contractors; definitions

Section
23-1604

Franchisor and franchisee; owner of a mark and licensee; employment relationship; definitions

Section
23-1701

Definitions

Section
23-1702

Municipal firefighter cancer reimbursement fund; exemption; rulemaking; annual report

Section
23-1703

Assessment