The employment laws in Arizona are regulated by both federal and state law. Arizona is known to have some rules that provide greater protection to their employees than the federal law, which include a higher minimum wage and paid sick leave, but the laws in Arizona generally follow federal law with respect to topics such as overtime pay, jury duty leave, and occupational safety and health, Arizona has essentially summarized the federal law.
Right to work
Arizona is one of 26 states with the“right-to-work” laws. Article 15 of the Constitution of Arizona states that no one can be denied the opportunity to obtain or retain employment based on a non-membership in a labor organization, or any corporation. In states that have right-to-work, unions cannot ask, and employers cannot agree to enter into union security agreements. It is illegal for an employer to discriminate against someone by race, color, religion, national origin, or sex.
Federal Civil Rights Act of 1964
The title VII of the CRA, as improved, protects employees against discrimination by their race, color, national origin, sex and religion regarding any term, condition or privilege of employment. It precludes not only intentional discrimination but also job policies that immensely affect certain groups of people who are not related to the job and the needs of the business. The CRA applies to employers who have over 15 or more employees.
In Arizona, the current minimum wage is $11 per hour. The Industrial Commission of Arizona is charged with enforcement and implementation of the minimum wage laws, including the announcement of consistent regulations.
The relationship between an employer and employee is contractual and detachable at the hands of the employee or the employer unless the employment is varied by a written contract which is either 1) signed by both parties 2) outlined in an employee handbook distributed to employees; or 3) outlined in signed writing by the party to be charged who is usually the employer.
Whistle-blow protection is found in the Arizona statutes as well as in various regulations governing specific industries. These laws protect termination or other retaliation, such as threats, demotions, salary cuts, or reassignments towards an employee.
Arizona has no overtime law regarding non-government employees. Employers who are covered by the FLSA must comply with that law’s overtime provision. It is not mandatory for private employers who are not covered by federal law to pay overtime.
Payment of Wages
Employers, in most cases, must pay employees at least twice per month, no more than 16 days apart and within five of the employer’s working days after the end of the pay period.
Pregnancy Discrimination Act
There are laws also make it illegal to reciprocate negatively against an employee because he or she is disclosing information about discrimination at the workplace. In many cases, it requires employers to reasonably accommodate their applicants' and employees' situations, unless it is an undue hardship for the employer to do so.
An employer is allowed to withhold an employee's wages under the following circumstances,
- If it was a requirement by state or federal law,
- With the employee's prior written authorization
- Where the wage amount is under dispute.
An employer in Arizona is not prohibited from testing their job applicants for drug and alcohol use when the testing has a job-related purpose consistent with business necessity. The employer is capable of refusing to hire a prospective employee who fails a test or refuses to submit to drug or alcohol testing. The employer is not required to pay for pre-employment drug tests.