Arizona State Labor Laws
- Workers' compensation is mandatory in Arizona.worker road image by Emmanuel Lacoste from Fotolia.com
The Industrial Commission of Arizona (ICA) provides various resources to employers, employees, teen workers and insurers in the state. The agency plays a vital role in resolving various labor issues. For example, if you work in the state and your employer does not carry workers’ compensation insurance, you can file a report with the agency. Prior to contacting ICA for any labor issue you might have, understand some of the state’s labor statutes. - Arizona is one of many states that have right to work laws. Generally, right to work laws forbid employers and labor unions from membership in a union as a requirement for employment in the state. Right to work laws also prohibit employers from denying employment because an employee is not a member of a specific union or due to an employee’s refusal to pay union fees. Arizona’s right to work statute prohibits these activities. In addition, an employee cannot be required to strike against his will. Similarly, employers and labor unions cannot threaten or interfere with an employee, his family or property for the purposes of joining a union. According to FindLaw.com, employers and labor unions can also be charged with “conspiracy to induce persons to refuse to work with nonmembers” in Arizona. Under state law, any agreement or act that violates these provisions is void and illegal. A court of law may impose injunctive relief as well as damages on employers and/or labor unions.
- As of January, 1, 2010, the minimum wage in Arizona was $7.25 per hour. However, you may not be eligible for this rate if a sibling or parent employs you. Similarly, if you are employed as a babysitter in your employer’s home on a casual basis, you may not qualify for the minimum wage requirement. The minimum wage does not apply to those who are employed by the United States government or by the State of Arizona. If you are employed by a small business that is not covered under the Federal Fair Labor Standards Act and the gross annual revenue of the business is less than $500,000, your employer is not required to pay you the minimum wage. Moreover, tipped employees have a minimum rate of $3 per hour. However, Arizona law requires the employer to keep records showing that the total tips per week and the hourly rate meet the minimum wage requirement. Unlike some states that stipulate a specific amount that you must earn in tips, Arizona law does not have any such requirement. Your employer may not retaliate against you for exercising your rights under the Arizona Minimum Wage Act. If your employer retaliates against you or if you have a wage issue, you can file a complaint with the Industrial Commission’s Labor Department. The Arizona Minimum Wage Act also allows you to file a civil action against anyone who violates your rights. A court of law may impose harsh penalties as it sees fit.
- As is the case in most states, Arizona law provides whistleblower protection to employees in the state. Pursuant to Code Sections 23-425 and 23-418, if your employer violates any state or federal statute and you report the activity to a state agency, your employer may not discriminate against you or terminate you. Arizona’s whistleblower protection applies to both public and private employees in the state. Employers who violate this provision may face a fine of up to $5,000 per incident. A court of law may also require that your employer reinstate you to your position. Your employer may also be ordered to provide you with back pay and any loss of benefits.
Right to Work Protection
Minimum Wage
Whistleblower Protection
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