In general, Arizona`s child labor law prohibits children 13 years of age or younger from working, except in certain limited situations. The Labour Code allows young people aged 14 and 15 to work in a wider range of occupations, but the number of hours per day and week is considerably limited, especially when school is in progress. Young people aged 16 and 17 may also work in various occupations, but may not work in occupations that have been specifically classified as too dangerous, unless an exemption is granted. The laws can be found in Ariz. Rev. Stat. § 23-(230-242). The EEOC conciliation procedure is very similar to the mediation procedure. The conciliation procedure takes place after the EEOC has determined that the employer has violated one of the laws. Before issuing a Notice of Action, the EEOC again invites the employer to mediation, which is very similar to mediation. The only difference is that the EEOC is starting to ask for certain things. One of the reasons the EEOC is important is that you can`t just go to court based on one of these five laws and sue an employer based on one of these five laws. They should receive notification of the EEOC`s right of action, as it is called.
Once a statement has been issued, you have 90 days from that point to file a lawsuit against the employer in federal or state court. Arizona labor law allows, but does not require, an employer to subject a prospective employee or employee to a drug test as a condition of employment. If an employer decides to test applicants or employees, the employer must conduct the tests in accordance with a written direction designed to do so. The employer is required to distribute this policy to each employee to be audited or to make it available to employees in the same manner as the employer informs its employees about other personnel practices. Ariz. Rev. Stat. § 23-493.04(A). Again, the employer must inform potential employees that they must be tested for drugs. The written policy must include a statement of the employer`s policy regarding the confidentiality of test results and give the employee the right to request that the employer report a positive test result in confidence. Ariz. Rev.
Stat. § 23-493.04(A)(9) & (10). The Arizona Labor Law (LAWA) prohibits an employer from employing undocumented workers. This prohibition also applies to employers who use an independent contractor or subcontractor to retain workers. Now, there may be other local codes that could hold that employer accountable, or government codes that could hold that employer accountable. According to federal Title 7 legislation, they should have 15 employees. If the employer has only one employee and has only one employee for an entire year, Title 7 is not your status of choice. This is just one example of how the EEOC works. They would look at that to ensure that that employer is indeed subject to Title 7 legislation or some of the other acts. Employees are protected at all stages of the employment process.
Discrimination laws prevent employees from being offered an opportunity based on race, religion, national origin, age and a number of other factors. Laws prohibiting harassment protect employees from a toxic work environment and unwanted sexual harassment. Workplace safety rules mean that employees of Arizona businesses have the right to a workplace free from hazards and safety concerns. Recently, a client came to see us who felt discriminated against at work. It can sometimes be confusing to know if what happened to you is mostly discrimination. Second, whether this particular type of discrimination is protected by one of the laws enforced, whether it is a federal law or a state law. If you believe you have been discriminated against, we recommend that you contact a lawyer with experience in employment law. Arizona has no state laws regarding medical and family leave, but employers may be required to provide leave under the federal Family and Medical Leave Act. As of January 1, 2020, the state of Arizona has set the minimum wage at a minimum of $12 per hour.
Ariz. Rev. Stat. § 23-363(A). From January 1, 2022 to December 31, 2022, the minimum wage is $12.80. This amount shall be increased, on 1 January of successive years, by the increase in the cost of living. Ariz. Rev. Stat. § 23-363(B).
Ariz. Rev. Stat. § 23-363(C). The Arizona Industrial Commission and more information on the minimum wage system is available on the Commission`s website. Employers must continue to comply with federal wage laws and regulations. An employer may tip employees $3 per hour less than minimum wage if the employee has received at least minimum wage for all hours worked. Ariz. Rev. Stat.
§ 23-363(C). Employers must keep pay stubs showing the hours worked for each working day and the wages paid to all employees over a four-year period. Failure to keep records creates a rebuttable presumption that the employer has not paid the required minimum wage rate. Ariz. Rev. Stat. § 23-364(D). Arizona`s Workplace Guns Act limits the employer`s ability to prohibit employees from storing firearms in the employee`s locked and private motor vehicle or in a locked compartment on the employee`s private motorcycle and not be visible from the outdoor motor vehicle or motorcycle. except in certain circumstances, including if the employer provides a parking space. A parking garage or other area intended for parking motor vehicles, which (a) is secured by a fence or other physical barrier, (b) restricts access by a guard or other security measure, and (c) provides temporary and secure storage of firearms.
Ariz. Rev. Stat. § 12-781. Unlike other states that grant immunity to employers who comply with gun laws, Arizona`s gun law is silent on employer immunity. This arbitrary designation means that employees can be terminated at any time and for any reason not expressly prohibited by law. At the same time, Arizona employers are not allowed to terminate an employee at will for reasons consistent with the legal definition of discrimination. Employers are also prohibited from firing an employee in retaliation for reporting unsafe working conditions, sexual harassment, or other illegal behavior by the companies they work for. If you feel you have been discriminated against or unfairly fired, it is important to protect yourself.
Talking to an employment law expert can protect your rights and help you succeed when a lawsuit is necessary. If you believe your rights have been violated, the first step should be a review of applicable labor laws in Arizona. Some workplace situations arise from simple misunderstandings and do not necessarily constitute a violation of the law. Other problems are more serious and reach the level of a violation of the law.