23-551. Definitions
In this article, unless the context otherwise requires:
1. " Day labor" means labor or employment that is under a contract between a day labor service agency and a third party employer, that is occasional or irregular and that is for a limited time period.
2. " Day laborer" means an individual who contracts for day labor employment with a day labor service agency.
3. " Day labor service agency" means an entity that provides day laborers to third party employers and that charges the third party employers for this service.
4. " Third party employer" means a person that contracts with a day labor service agency for the employment of day laborers.
Structure Arizona Revised Statutes
§ 23-101 - Industrial commission; members; qualifications; appointment; terms; compensation; removal
§ 23-102 - Payment of salaries of commissioners
§ 23-103 - Organization; quorum
§ 23-104 - Seal; copies of orders or records as evidence
§ 23-105 - Sites of offices and sessions; business hours; sessions and records; voting
§ 23-106 - Capacity to sue and be sued; service of summons on commission
§ 23-108 - Director; employees; compensation and expenses
§ 23-108.01 - Powers and duties of director
§ 23-108.02 - Administrative law judges
§ 23-108.03 - Performance of certain powers and duties
§ 23-110 - Industrial commission ombudsman
§ 23-201 - Obtaining labor by false pretenses; civil liability; classification
§ 23-202 - Exaction of fee or gratuity as condition of employment prohibited; classification
§ 23-204 - Employee benefits; state preemption; exemption; definition
§ 23-205 - Employee scheduling; state preemption; exemptions
§ 23-206 - Employers; accommodations required
§ 23-213 - Employer actions; federal or state law compliance
§ 23-216 - Independent contractors; applicability
§ 23-231 - Prohibited employments of persons under the age of eighteen
§ 23-232 - Prohibited employments of persons under the age of sixteen
§ 23-233 - Permissible hours of labor for persons under the age of sixteen; exceptions; definition
§ 23-234 - Minimum age of newspaper carriers
§ 23-236 - Cease and desist order; time for compliance; civil penalty
§ 23-237 - Hearings on cease and desist orders
§ 23-239 - Violation; classification
§ 23-240 - Rules and regulations
§ 23-241 - Application for variation; contents; notice; denial; hearing
§ 23-242 - Applicability of other laws
§ 23-281 - Operation of certain railroad employers on prescribed time
§ 23-286.01 - Agricultural operations
§ 23-287 - Requiring railroad employee to work longer than sixteen consecutive hours; classification
§ 23-312 - Powers and duties of commission
§ 23-313 - Investigation of wage rates
§ 23-314 - Wage board; membership; organization; quorum; compensation
§ 23-315 - Classification of employments by wage board
§ 23-316 - Establishment of minimum fair wage; procedure; criteria
§ 23-317 - Learner and apprentice wage rates
§ 23-318 - Power of wage board to administer oaths, issue subpoenas and take depositions
§ 23-319 - Notice of hearing on wage matters
§ 23-320 - Duty of commission to provide information to wage board
§ 23-321 - Report of wage board; action by commission
§ 23-323 - Posting of wage orders
§ 23-324 - Reconsideration of minimum wages in effect over a year
§ 23-326 - Special licenses to work for less than minimum wage
§ 23-327 - Action by employee for recovery of wages; amount of recovery
§ 23-328 - Contract or agreement for employment of minor at oppressive wage void
§ 23-329 - Violations; classification
§ 23-341 - Equal wage rates; variations; penalties; enforcement
§ 23-352 - Withholding of wages
§ 23-353 - Payment of wages of discharged employee; violation; classification
§ 23-354 - Preference of wages in insolvency proceedings or upon death of employer
§ 23-355 - Action by employee to recover wages; amount of recovery
§ 23-357 - Investigation of wage and nonwage compensation claims
§ 23-358 - Review of department determination
§ 23-359 - Effect of department determination
§ 23-361 - Rules and regulations
§ 23-361.01 - Employer requirements; cash payments; unlawful practices; civil penalty
§ 23-361.02 - Paycheck deductions; authorization; civil penalty; definition
§ 23-362 - Minimum wage; prohibition
§ 23-362; Version 2 - Definitions
§ 23-365 - Reliance on administrative rule or regulation
§ 23-372 - Accrual of earned paid sick time
§ 23-373 - Use of earned paid sick time
§ 23-374 - Exercise of rights protected; retaliation prohibited
§ 23-377 - Confidentiality and nondisclosure
§ 23-379 - Other legal requirements
§ 23-380 - Public education and outreach
§ 23-381 - Collective bargaining agreements
§ 23-391 - Overtime pay; workweek
§ 23-405 - Duties and powers of the industrial commission relative to occupational safety and health
§ 23-407 - Duties and powers of the division
§ 23-409 - Advisory committees
§ 23-410 - Development of standards and rules
§ 23-411 - Temporary and experimental variances
§ 23-412 - Permanent variances
§ 23-413 - Protest of validity of order
§ 23-414 - Emergency temporary standards
§ 23-416 - De minimis violations
§ 23-417 - Enforcement procedure
§ 23-418 - Penalties; violation; classification
§ 23-420 - Hearing rights and procedures
§ 23-421 - Decisions of the administrative law judge; definition
§ 23-423 - Review board rights and procedures; definition
§ 23-425 - Employee discharge or discrimination
§ 23-426 - Confidentiality of trade secrets
§ 23-427 - Employer recordkeeping
§ 23-428 - State legal representation
§ 23-429 - Employer and employee representation
§ 23-430 - Political subdivision jurisdiction
§ 23-431 - Standards of competency
§ 23-432 - Voluntary protection and other model system implementation programs; exemption
§ 23-473 - Owner's and operator's duty
§ 23-474 - Duties of commission
§ 23-476 - Safety standards and regulations
§ 23-477 - Notice requesting investigation
§ 23-479 - Hearing rights and procedures
§ 23-480 - Decisions of administrative law judge; contents; disposition and effect
§ 23-481 - Decision upon review
§ 23-482 - Time for compliance with order; extension of time; effect of orders
§ 23-484 - Nonimpairment of other agencies
§ 23-485 - Special inspectors; civil liability
§ 23-486 - Boiler advisory board; members; terms; meetings
§ 23-487 - Political subdivision jurisdiction
§ 23-488 - Division inspection service
§ 23-491.02 - Owner's and operator's duty
§ 23-491.03 - Existing conveyances
§ 23-491.04 - Commission powers and duties
§ 23-491.06 - Development of standards and regulations
§ 23-491.07 - Certificate of inspection
§ 23-491.08 - Notice requesting investigation; confidentiality; determination of grounds
§ 23-491.10 - Hearing rights and procedures
§ 23-491.11 - Decisions of administrative law judge; contents; disposition and effect
§ 23-491.12 - Decision upon review
§ 23-491.13 - Effective date of orders; time for compliance; effect of orders
§ 23-491.15 - Nonimpairment of other agencies
§ 23-493.01 - Collection of samples
§ 23-493.02 - Scheduling of tests
§ 23-493.03 - Testing procedures
§ 23-493.04 - Testing policy requirements
§ 23-493.05 - Disciplinary procedures
§ 23-493.06 - Employer protection from litigation
§ 23-493.07 - Causes of action based on test results
§ 23-493.08 - Limits to causes of action
§ 23-493.09 - Confidentiality of results; access to records
§ 23-493.10 - Construction; collective bargaining
§ 23-493.11 - Effect of mandatory testing obligations
§ 23-494 - Noncompete clause prohibition; broadcast employees; definitions
§ 23-495.01 - Voluntary veterans' performance employment policy; private employers; eligibility
§ 23-502 - Rehabilitation services
§ 23-503.01 - Coordination of vocational rehabilitation services
§ 23-504 - Merchandising businesses for the blind
§ 23-506 - Eligibility for assistance
§ 23-508 - Administrative funds
§ 23-553 - Day labor service agency; third party employer; duties
§ 23-562 - Professional employer agreements; rights; notice
§ 23-563 - Registration requirements; confidentiality
§ 23-564 - Initial registration; fee
§ 23-565 - Renewal registration; fee
§ 23-567 - Limited registration; fee
§ 23-568 - Alternative registration; fee
§ 23-569 - Financial capability; bonding; exception
§ 23-571 - Tax obligations and incentives
§ 23-572 - Services not insurance
§ 23-574 - Covered employees; licensing
§ 23-575 - Violations; classification; civil penalties; rules
§ 23-576 - Professional employer organization fund; use; exemption
§ 23-601 - Declaration of policy
§ 23-602 - Definitions of words and phrases
§ 23-603 - Agricultural labor; definitions; exemption
§ 23-603.01 - American employer
§ 23-604 - Annual payroll and average annual payroll
§ 23-606 - Base-period employers
§ 23-609.01 - Hearing officers
§ 23-613.01 - Employee; definition; exempt employment
§ 23-615 - Employment; definition
§ 23-615.01 - Political subdivision or instrumentality employment
§ 23-617 - Exempt employment; definition
§ 23-618.02 - Institution of higher education
§ 23-619.01 - Misconduct connected with the employment; wilful misconduct; evaluation
§ 23-621 - Unemployed; definition
§ 23-624 - Plan maintained by an employer
§ 23-625.01 - Definition of debtor
§ 23-625.02 - Definition of internal revenue code
§ 23-628 - Extended benefit period
§ 23-630 - On and off indicators
§ 23-631 - Rate of insured unemployment; definition
§ 23-632 - Definition of regular benefits
§ 23-633 - Definition of state law
§ 23-634 - Eligibility requirements for extended benefits
§ 23-635 - Weekly extended benefit amount
§ 23-636 - Total extended benefit amount; certain adjustments
§ 23-637 - Beginning and termination of extended benefit period
§ 23-638 - Credits and charges to employer accounts
§ 23-639 - Applicability of other articles
§ 23-642 - Compromise of claims for contributions
§ 23-643 - Extensions of time; regulations
§ 23-644 - Reciprocal arrangements
§ 23-645 - State-federal cooperation
§ 23-649 - Acquisition of lands and buildings
§ 23-652 - Publications by commission
§ 23-654 - Availability of records to foreign agency
§ 23-656 - Enforcement of chapter
§ 23-657 - Violations; classification
§ 23-921 - Administration of chapter
§ 23-926 - Inspection of employer records; noncompliance by employer; penalty
§ 23-927 - Power to enter places of employment
§ 23-928 - Investigation by agents
§ 23-929 - Enforcement of chapter
§ 23-930 - Unfair claim processing practices; bad faith; civil penalties
§ 23-932 - Violations; classification
§ 23-933 - Priority of judgment against assets of employer
§ 23-673 - Determination of claim on unemployment due to labor dispute
§ 23-674 - Procedure in rendering decisions and orders; rights of parties; representation
§ 23-675 - Depositions; oaths; attendance of witnesses; production of papers
§ 23-676 - Failure to obey commission subpoena; classification
§ 23-677 - Contempt by contumacy or refusal to obey subpoena of commission
§ 23-680 - Notices of hearings
§ 23-681 - Changing hearing date; good cause
§ 23-682 - Service of documents by electronic means
§ 23-701 - Unemployment compensation fund; administration; composition
§ 23-702 - Custody of unemployment compensation fund
§ 23-705 - Special administration fund
§ 23-706 - Use of special administration fund; transfer of monies
§ 23-707 - Employment security administration fund
§ 23-708 - Reimbursement of employment security administration fund
§ 23-709 - Employment service account
§ 23-721 - Work records kept by employing unit; inspection by commission
§ 23-722.02 - Employer request; employee disclosure; violation; classification; requirements
§ 23-722.03 - Memorandum of understanding; retention; use; definition
§ 23-722.04 - Unemployment insurance information; disclosure; violation; classification
§ 23-723 - Penalties for failure to file timely or complete contribution and wage reports
§ 23-724 - Liability determinations; review; finality
§ 23-725 - Employer coverage; termination; election of coverage
§ 23-726 - Contributions; voluntary payment
§ 23-727 - Credits and charges to employer accounts
§ 23-728 - Standard rate of contribution
§ 23-729 - Change from the standard contribution rate
§ 23-730 - Variation and adjustment of contribution rates
§ 23-733.01 - Assignments of rates; transfers of experience; violation; civil penalty; definitions
§ 23-734 - Agreement by employee to pay employer contribution void
§ 23-736 - Interest on past due contributions; deposit of interest
§ 23-737 - Collection of contributions or interest; precedence of action
§ 23-737.01 - Collection of amounts due by certificate for judgment
§ 23-737.02 - Recovery of collection costs; fee for bad checks
§ 23-738 - Delinquency assessments; interest and penalties; petition for reassessment
§ 23-738.01 - Deficiency assessment; petition for reassessment
§ 23-739 - Jeopardy assessment; petition for reassessment
§ 23-740 - Procedure on petition for reassessment
§ 23-741 - Payment of amounts in dispute
§ 23-742 - Adjustment or refund of contribution; limitation
§ 23-744 - Priority of claim for contributions due upon insolvency proceedings
§ 23-745 - Lien for unpaid contributions, interest and penalties
§ 23-746 - Superiority of lien; notice
§ 23-746.01 - Release or subordination of lien
§ 23-747 - Release of lien; bond; foreclosure and judgment against surety
§ 23-748 - Effect upon lien of transfer of assets by delinquent
§ 23-750 - Special provisions for nonprofit organizations and state and local governments
§ 23-752 - Levy assessment and distraint
§ 23-753 - Surrender of property subject to levy; definition
§ 23-754 - Production of books
§ 23-755 - Property exempt from levy
§ 23-756 - Notice and sale of seized property
§ 23-757 - Authority to release levy and return property
§ 23-762 - Requirements of shared work plan; approval
§ 23-763 - Shared work benefits; eligibility; requirements
§ 23-766 - Other provisions of this chapter; department regulations; applicability
§ 23-771 - Eligibility for benefits
§ 23-771.01 - Approved training; definitions
§ 23-771.02 - Training program
§ 23-773 - Examination and determination of claims
§ 23-774 - Documentation of benefit eligibility
§ 23-775 - Disqualification from benefits
§ 23-778 - Disqualification from benefits for fraud
§ 23-780 - Duration and amount of benefits; definition
§ 23-781 - Denial of benefits to certain athletes and aliens
§ 23-782 - Payment of benefits
§ 23-784 - Agreement for waiver of rights void
§ 23-788 - Recovery of trade act overpayments
§ 23-789 - Recovery of child support obligations; definitions
§ 23-789.01 - Recovery of uncollected overissuance of food stamp coupons; definitions
§ 23-791 - Benefits reduced by pension payment; definition
§ 23-792 - Voluntary withholding; income tax
§ 23-793 - Qualified transient lodging employment; definition
§ 23-794 - School bus contractors with educational institutions; definition
§ 23-795 - Contract educational providers; definition
§ 23-796 - Services for a charter school; benefits
§ 23-798 - Reservation of legislative authority; no vested rights
§ 23-799.01 - Fraud prevention; report
§ 23-801 - Liability of employer
§ 23-802 - Declaration of policy
§ 23-803 - Hazardous occupations
§ 23-804 - Posting of notices by employer
§ 23-805 - Right of action for damages; two-year limitation
§ 23-807 - Agreement exempting employer from liability void; setoffs by employer
§ 23-808 - Limitation on attorney's fee; violation; classification
§ 23-901.01 - Occupational disease; proximate causation; definition
§ 23-901.02 - Liability of last employer; exception
§ 23-901.06 - Volunteer workers
§ 23-901.07 - Persons with disabilities in vocational training; definition
§ 23-901.08 - Professional employer organizations
§ 23-901.09 - Presumption; cancers; firefighters and fire investigators; applicability; definitions
§ 23-902 - Employers subject to chapter; exceptions
§ 23-903 - Application of chapter to persons engaged in interstate commerce; limitation
§ 23-905 - Minor employees; limitation on payment of lump sum award; additional compensation
§ 23-909 - Motion picture exemption
§ 23-910 - Exemption for licensees
§ 23-941 - Hearing rights and procedure
§ 23-941.01 - Settlement of claims; full and final; exception; definitions
§ 23-941.02 - Vexatious litigants; designation; definitions
§ 23-941.03 - Settlement of claims; supportive medical maintenance benefits; definition
§ 23-942 - Awards of administrative law judge; contents; disposition and effect
§ 23-944 - Effective date of orders; time for compliance; effect of orders
§ 23-945 - Petition for hearing on validity of order; procedure; substitution of order
§ 23-946 - Action asserting invalidity of order; limitation; venue and procedure
§ 23-946.01 - Stay of court proceedings pending determination of issues by commission
§ 23-947 - Time within which hearing must be requested; definition
§ 23-949 - Effect of action concerning order; procedure to stay order
§ 23-950 - Priority of actions
§ 23-952 - Continuation of order or award pending hearing or appeal
§ 23-953 - Notice of award; effect of petition for hearing or appeal; overpayment
§ 23-954 - Payment of interest on awards
§ 23-961 - Methods of securing compensation by employers; deficit premium; civil penalty
§ 23-961.01 - Self-insurance pools
§ 23-962 - Insurance by governmental units; payment of premiums
§ 23-963 - Provisions of compensation insurance policy
§ 23-963.01 - Policies with deductible coverage; medical-only loss
§ 23-964 - Posting notice of compliance with compensation law
§ 23-966 - Failure of employer to pay claim or comply with commission order; reimbursement of funds
§ 23-967 - Deduction of premium from employee wage or salary; violation; classification
§ 23-968 - Notification to employer by carrier
§ 23-969 - Satisfaction of lien; release
§ 23-971 - Firefighter and fire investigator cancer claim information; data sharing; definitions
§ 23-1001 - Delivery of insurance contract or policy to employer
§ 23-1021 - Right of employee to compensation
§ 23-1021.01 - Peace officers; fire fighters; employment status
§ 23-1023 - Liability of third person to injured employee; election of remedies
§ 23-1024 - Choice of remedy as waiver of alternate remedy
§ 23-1027 - Compensation precluded by neglect or refusal of employee to submit to treatment
§ 23-1029 - Repeal of chapter; effect on rights of parties
§ 23-1030 - Effect on employers' liability law
§ 23-1031 - Persons incarcerated; suspension of benefits
§ 23-1041 - Basis for computing compensation; definition
§ 23-1042 - Basis for computing average monthly wage of minor permanently incapacitated
§ 23-1043 - Hernias classified for compensation purposes
§ 23-1043.01 - Heart-related and mental cases
§ 23-1043.02 - Human immunodeficiency virus; establishing exposure; definition
§ 23-1043.03 - Hepatitis C; establishing exposure; definition
§ 23-1044 - Compensation for partial disability; computation
§ 23-1045 - Compensation for total disability; permanent total disability defined
§ 23-1048 - Reasonable accommodations; earning capacity determination; definitions
§ 23-1061.01 - Treatment by prayer or spiritual means
§ 23-1062.03 - Evidence-based medical treatment guidelines
§ 23-1063 - Apportionment of compensation
§ 23-1064 - Presumptions of dependency; determination
§ 23-1065 - Special fund; purposes; investment committee
§ 23-1066 - Minor or incompetent claimant; appointment of guardian ad litem; procedure
§ 23-1067 - Commutation of compensation to lump sum payment
§ 23-1069 - Attorney's fees; payment; time limitation
§ 23-1070 - Medical, surgical and hospital benefits provided by employer; pilot program
§ 23-1070.01 - Request for early hearing; stipulation; action of commission
§ 23-1072 - Autopsy in death claims; effect of refusal by claimant
§ 23-1073 - Processing of prior claims
§ 23-1081 - Administrative fund; purposes and administration
§ 23-1091 - Assigned risk plan
§ 23-1101 - Definition of report
§ 23-1102 - Workers' compensation presumptions of compensability; report
§ 23-1103 - Impact of presumptions; liability
§ 23-1104 - Report procedures and deadlines
§ 23-1105 - Heart-related, perivascular and pulmonary cases; firefighters; presumption; definition
§ 23-1306 - Civil liability of person violating article
§ 23-1307 - Injunctive relief from injury resulting from violation of article
§ 23-1322 - Unlawful picketing
§ 23-1323 - Injunctive relief; damages
§ 23-1324 - Violations; classification
§ 23-1325 - Defamation; damages
§ 23-1327 - Unlawful mass assembly
§ 23-1328 - Trespassory assembly
§ 23-1329 - Publicizing enjoined picketing or assembly; prohibition
§ 23-1361 - Blacklist; definition; exceptions; privileged communications; immunity
§ 23-1362 - Blacklisting; classification
§ 23-1381 - Declaration of policy
§ 23-1383 - Rights of employees
§ 23-1384 - Rights of employer
§ 23-1385 - Unfair labor practices; definition
§ 23-1386 - Agricultural employment relations board; members; terms; appointment
§ 23-1388 - Officers and employees of the board
§ 23-1389 - Representatives and elections
§ 23-1390 - Prevention of unfair labor practices
§ 23-1391 - Investigatory powers
§ 23-1392 - Violation; classification
§ 23-1393 - Court jurisdiction
§ 23-1411 - Public safety employee organizational rights; definition
§ 23-1502 - Constructive discharge
§ 23-1601 - Declaration of independent business status
§ 23-1602 - Determination of employment relationship; prohibition
§ 23-1603 - Qualified marketplace contractors; definitions
§ 23-1605 - Motor carriers; employment status; safety improvement; definitions
§ 23-1702 - Municipal firefighter cancer reimbursement fund; exemption; rulemaking; annual report