Arizona Labor Management QA

Email: phx4ww@evershinecpa.com
or

Contact by phone in the Texas time zone:
The Engaging Manager Ian Lin, a well-English speaker
Tel: +1-510-996-2685

LRC – United States – Arizona Labor Regulations

LRC-CA-20.10
What must be included in the contents of a labor contract in the United States – Arizona?

Evershine RD:

Federal
There are no minimum requirements for an employment contract.
There is no standard form because they are purely private arrangements.

States – Arizona
No state statutory or regulatory provisions apply generally to private-sector employment.

LRC-CA-20.11
Do the United States – Arizona arrange labor contract in the fixed term?
What should be the length of the labor contract in the United States – Arizona?

Evershine RD:

Federal

No legal provision governs fixed or unlimited term contracts.
Generally, where no definite period of employment is stated or proved, the employment is presumed to be at-will, meaning that either party may terminate the employment at will, without liability for breach of contract.
The majority of employees in the United State are employed on an “at-will” basis.
Yes. The USA does not limit the duration of a fixed-term employment contract.

States – Arizona

Employment in Arizona is generally presumed to be at-will.
Yes, it can be arranged in a fixed term. Usually one year.

LRC-CA-20.20
What is the minimum age for hiring a new employee in the United States – Arizona?

Evershine RD:

Federal
Generally, the FLSA sets 14 years old as the minimum age for employment and limits the number of hours worked by minors under the age of 16.

States – Arizona
Employees who are 14 and 15 years old may work in a broad range of jobs but are significantly limited in the number of hours per day and per week they may work, especially when school is in session.
Employees who are 16 and 17 years old may work in a broad range of jobs but cannot work in jobs that Arizona has deemed are too hazardous.

LRC-CA-20.40
Is it a requirement for employers in United States – Arizona to conduct a pre-employment background check?

Evershine RD:

Federal

Background check is common in the United States.
When running the background checks, you must comply with the Fair Credit Reporting Act (FCRA).
The Federal Trade Commission (FTC) enforces the FCRA.
The FCRA requires employers to obtain permission from candidates to conduct a background check in writing.
To verify employment eligibility, employers and employees must complete the appropriate sections of Form I-9.
As part of the verification process, employers must receive documents from employees that establish their identity and employment eligibility as listed on Form I-9.

States – Arizona

No state statutory or regulatory provisions apply generally to private-sector employment.
Employers can obtain consumer reports from consumer reporting agencies for employment purposes.
If employers use information in a consumer report as a factor in denying employment, they must inform the affected employee or applicant of this reason and make certain disclosures.
Employers are subject to criminal prosecution if they request or obtain consumer reports from consumer reporting agencies under false pretenses.

LRC-CA-20.50
Is the Non-Competition indemnity clause in labor contract in the United States – Arizona has legal effect?

Evershine RD:

Federal
A covenant not to compete will be enforced only if it restricts the employee’s ability to compete no more than is reasonably necessary to protect the employer’s legitimate interests.
Although covenants not to compete are generally disfavored by the courts, they will be enforced in most states if the covenant not to compete is designed to “protect against … ‘unfair and illegal’ conduct” on the part of the former employee and not simply “to insulate the employer from the competition.”

States – Arizona
Arizona doesn’t have a non-competition agreements law that applies generally to private employers.

LRC-CA-40.05
What are the regulations on Gender Discrimination in employment specifically for female workers in the United States – Arizona?

Evershine RD:

Federal

An employment policy or practice that applies to everyone, regardless of sex, can be illegal if it has a negative impact on the employment of people of a certain sex and is not job-related or necessary to the operation of the business.

Sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 includes discrimination “on the basis of pregnancy, childbirth, or related medical conditions,” under the 1978 Pregnancy Discrimination Act (PDA).

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

States – Arizona

According to Ariz. Rev. Stat. S 41-1463.
Employers can’t discriminate based on sex unless sex is a bona fide occupational qualification.
Discrimination based on sex includes discrimination based on pregnancy, childbirth, or related conditions.

LRC-CA-50.10
Can the employer in the United States – Arizona collect, or process data transmitted by employees over the internet?

Evershine RD:

Federal

The Stored Communications Act (“SCA”) generally prohibits accessing the online account of another without that individual’s consent.
You are permitted to monitor your employees’ email and internet use; however, before you conduct electronic monitoring, you should be sure to comply with applicable federal and state laws.
To reduce the risk that you will be sued by your employees because you monitor their email and internet use, you should have an electronic communications policy in place at all your worksites.
The policy should clearly specify employees’ obligations when using your electronic communications systems, including desktop or laptop computers, personal digital assistants, pagers, and cell phones.
Requiring your employees to sign acknowledgments that they have read, understood, and agree to comply with the policy is another step you can take to reduce the risk of litigation.
You also should conduct training sessions for your employees to review the electronic communications policy and discuss hypothetical situations that could arise for employees at your company.

States – Arizona

Electronic or telephone monitoring:
Employers can’t intentionally intercept electronic or telephone communications, or aid, authorize, employ, persuade, cause, or permit anyone to do so, unless they are a party to these communications or have the consent of any party.
Employers also can’t intentionally intercept conversations or discussions that they aren’t present for, or aid authorizes, employ, persuade, cause, or permit anyone to do so, unless they have the consent of any party to these communications.

Intercept means acquiring the contents of electronic or telephone communications through any electronic, mechanical, or another device.
Electronic communications don’t include communications made orally, via telephone or tone-only paging devices, or from tracking devices.

LRC-CA-60.10
What are the regulations on working hours in the United States – Arizona?

Evershine RD:

Federal

There is no general maximum number of hours workers can be allowed to work under federal law.
Workers in several types of industries, such as long-haul freight truck drivers, have daily hour restrictions set for safety purposes.
In many organizations, employees are required to work 40 hours per week, with workdays beginning at 9 a.m. and ending at 5 p.m.

States – Arizona
Arizona workers are not limited to the number of hours they can work in a day or week.

LRC-CA-60.30
What are the regulations on overtime hours in the United States – Arizona?
What is the overtime premium rate in the United States – Arizona?

Evershine RD:

Federal

The federal Fair Labor Standards Act establishes overtime requirements that apply to covered employers.
Generally, employers that are subject to the FLSA must ensure that nonexempt employees receive additional overtime wages for any hours that nonexempt employees work more than 40 hours per workweek.
Overtime rate equals regular rate plus one-half regular rate (1.5 times).
Under the FLSA, employers must pay nonexempt employees one and one-half times their regular rate of pay for all time worked more than 40 hours during any workweek, referred to as overtime pay.

States – Arizona

Arizona does not have an overtime law that applies generally to private employers.
However, certain private employers are covered by applicable federal law governing overtime.

LRC-CA-60.50
Is it common to pay 13^th month’s salary in the United States – Arizona?

Evershine RD:

Federal
13^th month’s salary is not mandatory in the United States.

States – Arizona
13^th month’s salary is not mandatory in the United States – Arizona.

LRC-CA-70.10
What are the regulations on general leave policy for employees in the United States – Arizona?

Evershine RD:

Federal
There is no federal requirement to provide paid leave to workers.
In practice, 1 week per year during the first few years to 3 weeks or more for long-serving employees.

States – Arizona

Earned Paid Leave

Employers must allow eligible employees to accrue at least 1 hour of earned paid sick time for every 30 hours worked, up to a maximum of 40 hours per year (Employers with 15 or more eligible employees) or up to a maximum of 24 hours per year (Employers with fewer than 15 eligible employees).
Employees can use this leave to care for themselves or their family members; for reasons related to domestic or sexual violence, abuse, or stalking; and for certain other reasons.

LRC-CA-70.20
What are the public holidays in the United States – Arizona?
What is the overtime premium rate during public holiday in the United States – Arizona?

Evershine RD:

Federal

The U.S. has 11 national holidays.

• Jan. 1: New Year’s Day
• Martin Luther King’s Birthday (the third Monday in January)
• George Washington’s Birthday (the third Monday in February)
• Memorial Day (the last Monday in May)
• June 19: Juneteenth
• July 4: Independence Day
• Labor Day (the first Monday in September)
• Columbus Day (the second Monday in October)
• Nov. 11: Veterans Day
• Thanksgiving Day (the third Thursday in November)
• Dec. 25: Christmas Day

No overtime pay is required if work on holidays and weekends falls within the regular work schedule and total hours do not exceed 40 in a workweek.
Overtime rate equals regular rate plus one-half regular rate (1.5 times).

States – Arizona

• Second Sunday in May: Mothers’ Day
• Third Sunday in June: Fathers’ Day
• First Sunday in August: American Family Day
• Sept. 17: Constitution Commemoration Day

Overtime rate equals regular rate plus one-half regular rate.

LRC-CA-70.30
What is the maternity leave policy for female employees in the United States – Arizona?

Evershine RD:

Federal

The Family and Medical Leave Act (FMLA) applies to companies with 50 or more employees.
These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

• For the birth and care of the newborn child of an employee
• For placement with the employee of a child for adoption or foster care
• To care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition or
• To take medical leave when the employee is unable to work because of a serious health condition.

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months.

States – Arizona

Arizona does not have its own maternity leave law.
Female employees may benefit from the federal law.

LRC-CA-70.40
What is the paternity leave policy for male employees in the United States – Arizona?

Evershine RD:

Federal
FMLA applies to companies with 50 or more employees.
These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for a newborn, newly adopted child, or an ill family member.
Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months.

States – Arizona
Arizona does not have its own paternity leave law.
Employees may benefit from the federal law.

LRC-CA-70.50
What are the provisions on sick leave, bereavement leave and personal leave for employees in United States – Arizona?

Evershine RD:

Federal

Sick Leave

Federal law does not require sick leave.
FMLA applies to companies with 50 or more employees.
A federally mandated unpaid leave program, the Family Medical Leave Act (FMLA), requires employers to allow workers to take up to 12 weeks off generally to deal with certain personal qualified medical issues or qualified medical conditions of defined family members.

Bereavement Leave

Federal law does not require funeral leave.
These benefits are generally a matter of agreement between an employer and an employee.
Most employers grant 3 to 5 days of bereavement leave per occurrence.
Some employers grant longer periods of leave for immediate family members—such as a parents, spouses, children, or siblings—and shorter periods of leave for more distant relatives.

Personal Leave

Federal law does not require personal leave.
These benefits are generally a matter of agreement between an employer and an employee.

States – Arizona

Family and Medical Leave
Arizona doesn’t have a family and medical leave law that applies generally to private employers.

Emergency Response Leave
Arizona doesn’t have an emergency response leave law that applies generally to private employers.

LRC-CA-70.60
What are the regulations on pension benefits and social security insurance benefits for employees in the United States – Arizona?

Evershine RD:

Federal

United States law provides for retirement benefits and subsidized health insurance under federal Social Security and Medicare programs.
These federal programs provide benefits for retirees, the disabled, and children of deceased workers.
Social Security benefits include old-age, survivors, and disability insurance. Medicare provides hospital insurance benefits.

States – Arizona

Health Benefit Mandates
Arizona law requires health insurance issuers to include coverage for certain benefits and services in health plans that employers can purchase from issuers.
Employers can, but aren’t required to, provide coverage for other health-care benefits and services in addition to state-mandated coverage.

Retirement savings program
Arizona doesn’t have retirement savings program statutes or regulations that apply generally to private-sector employment.

Temporary disability insurance
Arizona does not have a temporary disability insurance law that applies generally to private employers.

LRC-CA-70.70
What are the regulations on Workers’ Compensation for employees in United States – Arizona?

Evershine RD:

Federal
All employees are covered by employer’s workers’ compensation policy.
The employer pays the full cost to provide workers’ compensation coverage.

States – Arizona
Arizona requires all covered employers to obtain and maintain insurance for on-the-job injuries and occupational diseases that result in total or partial incapacity or death.
The law also establishes criteria for drug-free workplace programs that qualify employers for premium discounts.
Employers can obtain workers’ compensation coverage through private insurance companies or Arizona’s state fund.

Benefits:

Employees who are incapacitated from work for a temporary total disability period of more than 10 days are entitled to workers’ compensation benefits beginning the day after the accident.
For temporary total disability periods that are less than 10 days, benefits are payable beginning the fourth day following an accident.
Claims for compensation will not be valid or enforceable unless they are filed with the commission in writing within 1 year after the injury occurred or the rights accumulated by the injured employee.
In the case of death, parties entitled to compensation also have one year to file a claim.
Occupational disease claims must be filed within 1 year of disability, or within 1 year of the time the employee knew or should have known of the connection between the disability and employment.

LRC-CA-80.05
Can the employee in the United States – Arizona join labor union?

Evershine RD:

Federal

Under the National Labor Relations Act, employees have the right to self-organize; form, join, or assist unions.

States – Arizona

Employees have the right to join or refrain from joining unions.
Employees and applicants can’t be denied employment because they aren’t union members.

LRC-CA-80.06
How to handle labor dispute in United States – Arizona?

Evershine RD:

Federal
The most widely used forms of alternative dispute resolution are negotiation, mediation, and arbitration.
Typically, if you can’t resolve a dispute through direct talks with the other side, you can turn to mediation, in which a neutral third party helps you reach a settlement that’s mutually agreeable to both you and the other party to the dispute.
If mediation fails and the contesting parties can’t decide on their own, you can seek arbitration, in which an arbitrator hears both sides of the dispute and decides for the parties, keeping in mind fairness, contractual obligations, and the law.

States – Arizona
Arizona doesn’t have a dispute resolution law that applies generally to private employers.
However, certain private employers are covered by applicable federal law governing dispute resolution.

LRC-CA-90.10
What are the regulations on workplace safety and health for employee in the United States – Arizona?

Evershine RD:

Federal

The Occupational Safety and Health Act (“OSHA”) requires employers to provide employees with a safe and healthy place of employment.
Workplace safety policies should include:

•  company goals, such as complying with applicable law or striving to eliminate workplace injuries
•  management commitment, including allocation of sufficient resources and participation in safety program activities
•  ways to encourage employee participation in workplace safety programs
•  outlines of employee responsibilities, such as wearing required protective equipment
•  procedures for analyzing the worksite for hazards and conducting initial and regular audits
•  provisions for posting safety-related information
•  accident investigation procedures
•  measures for preventing, controlling, and reporting hazards; and
•  safety training

The federal Occupational Safety and Health Act has no requirement that all employers adopt formal safety and health policies, although specific standards require certain employers to implement written programs outlining emergency action plans, chemical and hazard communication, energy control procedures, and similar safety training efforts.

States – Arizona

According to Ariz. Rev. Stat. S 12-1810.
Duty to Provide a Safe Workplace: The injunction and restraining order provisions don’t expand, diminish, alter, or modify employers’ duty to provide a safe workplace for employees and other people.

According to Ariz. Rev. Stat. § 12-781. Weapons in employer parking lots:
Employers can’t establish, maintain, or enforce policies or rules that prohibit employees or other people from lawfully storing or transporting firearms in a private vehicle or on a privately owned motorcycle in a parking area if the firearms are locked inside the vehicle or locked in a container attached to the motorcycle and kept out of plain sight.

LRC-CA-100.10
What are the circumstances that an employer can terminate an employee in United States – Arizona?

Evershine RD:

Federal
The employer or the employee may terminate the employment relationship at any time, for any (non-discriminatory or non-retaliatory) reason with or without notice.

States – Arizona

Employers have the right to discharge workers for any reason or no reason.
Employment in Arizona is at-will, meaning neither employers nor employees are bound legally to observe any specified duration of employment and either can terminate the employment relationship at any time.
At-will employees can’t be terminated for any of the following reasons:

•  refusing to act in a way that would violate any state law
•  disclosing information or their reasonable belief that their employer is violating a state law
•  filing a workers’ compensation claim
•  serving on a jury
•  exercising voting rights
•  belonging to a union
•  serving in the military (including the National Guard)
•  exercising the right to be free from extortion of fees or gratuities as a condition of employment
•  exercising the right to be free from coercion to purchase goods/supplies from a particular person as a condition of employment; or
•  taking leave to testify as a crime victim or obtain victim assistance.

LRC-CA-100.11
What is the notification period for terminating an employee in United States – Arizona?
How much is the severance pay?

Evershine RD:

Federal

U.S. law does not impose a formal “notice period” to terminate an individual employment relationship. Most employees are employed “at-will” and either party can terminate the employment relationship without notice.
The WARN Act notices must be given at least 60 calendar days prior to plant closings or mass layoffs.
Severance pays, compensation paid to an employee upon termination from employment is not required by federal law.
There is no requirement in the Fair Labor Standards Act (FLSA) for severance pay.
However, employers are required to provide severance pay if stipulated in a contract, such as an employment contract.
Many employers offer severance pay to provide a source of income to involuntarily terminated employees.
In addition to involuntary terminations, some employers provide severance pay to employees whose employment is terminated voluntarily to secure certain promises from departing employees, such as waivers of claims or enforcement of noncompetition and other employment agreements.
Employers sometimes provide severance as a supplement to state unemployment insurance benefits.

States – Arizona
No state statutory or regulatory provisions apply generally to private-sector employment.

LRC-CA-100.12
What is the reporting requirement for employers in the United States – Arizona to notify the termination of employees to the competent authority?

Evershine RD:

Federal

Terminations that are the result of a plant closing or a mass layoff trigger special notice obligations to unions under the federal Worker Adjustment and Retraining Notification (WARN) Act.
In those circumstances, the WARN Act requires an employer to provide at least 60 days’ notice to the chief elected officer of the exclusive representatives or bargaining agencies of affected employees.

States – Arizona
According to Ariz. Rev. Stat. S 44-307- Unclaimed wages: Employers can be required to report and remit former employees’ unclaimed wages to a state agency by the annual deadline.

According to Ariz. Rev. Stat. Ann. SS23-721, 23-722.01, 23-772; Ariz. Admin. Code R6-3-1703 to 1704 – Unemployment insurance: Employers can be required to report employee separations from employment, including the reason for separation, to a state agency for unemployment insurance benefit purposes.

Workers’ compensation: Employers can be required to report employees’ work-related deaths, within a period after they occur to a state agency and the workers’ compensation insurance carrier.

LRC-CA-100.20
What are the regulations on mass layoffs in the United States – Arizona?

Evershine RD:

Federal

The federal Worker Adjustment and Retraining Notification Act of 1988 require employers to provide advance notice of plant closings and mass layoffs to employees or their union representatives, state dislocated worker units, and local government officials.
In general, the WARN Act applies to private employers with 100 or more employees and requires notice at least 60 days prior to qualifying layoffs and closings.

Employers are covered under the WARN Act if they have:

•  100 or more full-time employees; or
•  100 or more full- and part-time employees who work a combined total of at least 4,000 hours per week, excluding overtime.

The WARN Act applies to:

•  plant closings that cause employment loss to 50 or more full-time employees during any 30-day period.
•  mass layoffs that cause employment loss to 50 or more full-time employees and at least 33 percent of full-time employees during any 30-day period. If 500 or more full-time employees are affected by a mass layoff, the 33 percent requirement doesn’t apply; and
•  plant closings or mass layoffs that affect two or more groups of employees at a single site of employment within any 90-day period where the groups of employees individually don’t meet the minimum employee threshold for the WARN Act notice but added together exceed that threshold, unless employers demonstrate that the group terminations are for separate and distinct reasons and aren’t attempts to evade the WARN Act requirements.

States – Arizona
Arizona does not have plant closings and mass layoffs law that applies generally to private employers.

LRC-CA-100.30
What is the time limit for employers in the United States – Arizona to pay employees upon termination?

Evershine RD:

Federal
Federal law generally doesn’t govern final wage payments, but many states have requirements about the timing and calculation of those payments.

States – Arizona

Employers must pay employees who are discharged within 7 working days or at the end of the next pay period, whichever is sooner.
Employees who quit must be paid no later than the next regular payday.

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