Arizona Employment Law 2026
⚠️Informational only — not legal or tax advice.
Last Updated: January 7, 2026
Last Reviewed: January 7, 2026
Applicable Period: 2026
Jurisdiction: State of Arizona, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
Introduction
Arizona employment law governs the relationship between employers and employees throughout the state, establishing rights, responsibilities, and protections for both parties. Understanding these laws is essential whether you are an employee seeking to know your workplace rights or an employer ensuring compliance with state and federal regulations.
This comprehensive 2026 guide covers Arizona’s employment law framework, including wage and hour requirements, discrimination protections, reasonable accommodations, employer obligations, complaint filing procedures, and recent legislative updates. Arizona’s employment laws combine state-specific provisions—such as the state minimum wage increase to $15.15 per hour effective January 1, 2026, and mandatory paid sick leave requirements—with federal protections under laws like the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, and the Americans with Disabilities Act (ADA).
What This Guide Covers:
- At-will employment and exceptions
- Minimum wage, overtime, and wage payment requirements
- Earned paid sick time mandates
- Anti-discrimination and anti-harassment protections
- Reasonable accommodation requirements
- Employer compliance obligations
- How to file complaints with state and federal agencies
- 2026 legislative updates and changes
Official Sources Referenced:
- Arizona Revised Statutes Title 23 (Labor)
- Arizona Revised Statutes Title 41, Chapter 9 (Civil Rights)
- Arizona Industrial Commission regulations
- Arizona Attorney General Civil Rights Division guidance
- U.S. Department of Labor regulations
- Equal Employment Opportunity Commission guidance
Employment Law Framework in Arizona
1.1 At-Will Employment Doctrine
Arizona is an at-will employment state, meaning employment relationships can generally be terminated by either party at any time, for any lawful reason or no reason, with or without notice.
Statutory Basis:
According to Arizona Revised Statutes § 23-1501:
“All employment relationships are presumed to be at-will, unless there is a specific contractual agreement providing otherwise.”
Source: Arizona Revised Statutes § 23-1501
Official text: https://www.azleg.gov/ars/23/01501.htm
Last amended: 1996
What At-Will Employment Means:
For Employees:
- Your employer can terminate your employment at any time
- You do not need to provide a specific reason for termination (unless contract requires)
- No advance notice is legally required (unless contract requires)
- You can quit your job at any time without penalty
For Employers:
- You can terminate employees at any time
- You do not need to establish “just cause” for termination
- No advance warning is legally required (unless contract requires)
- Employment decisions can be made for business reasons
Important Exceptions to At-Will Employment:
Arizona recognizes four major exceptions to the at-will doctrine:
1. Public Policy Exception
According to Arizona Revised Statutes § 23-1501(3)(b), an employer cannot discharge an employee for:
“A reason that would violate an express provision of the Constitution of Arizona or a statute of this state”
Examples of protected activities:
- Filing a workers’ compensation claim
- Reporting illegal activity (whistleblowing)
- Serving on jury duty
- Voting or engaging in political activity
- Refusing to commit an illegal act
- Exercising rights under employment discrimination laws
Source: Arizona Revised Statutes § 23-1501
Official text: https://www.azleg.gov/ars/23/01501.htm
2. Implied Contract Exception
An implied employment contract can be created through:
- Employee handbooks with specific termination procedures
- Employer statements or promises about job security
- Consistent employment practices creating reasonable expectations
- Progressive discipline policies
3. Implied Covenant of Good Faith and Fair Dealing
While Arizona courts have not widely adopted this exception, the principle prevents employers from terminating employees in bad faith or to avoid paying earned benefits.
4. Statutory and Constitutional Protections
State and federal laws prohibit termination based on:
- Protected class status (race, sex, age, disability, etc.)
- Engaging in protected activities (union activities, safety complaints)
- Exercising legal rights (taking family medical leave, requesting accommodations)
Agency Guidance:
According to Arizona Industrial Commission guidance, published January 2025:
“While Arizona is an at-will state, numerous state and federal laws provide important protections against wrongful termination. Employees who believe they were terminated in violation of these protections should contact the appropriate enforcement agency.”
Source: Arizona Industrial Commission
Available at: https://www.azica.gov/labor-department
1.2 Labor Law vs Employment Law: Understanding the Distinction
Understanding the difference between labor law and employment law is important for both employees and employers in Arizona.
Employment Law (Primary Framework):
Employment law encompasses the broader set of regulations governing the individual employer-employee relationship. This is the primary legal framework in non-unionized workplaces.
Employment law covers:
- Wage and hour requirements
- Workplace discrimination and harassment
- Workplace safety standards
- Workers’ compensation
- Employment-related benefits
- Individual employment contracts
- Wrongful termination claims
- Reasonable accommodations
Labor Law (Subset – Union-Related):
Labor law is a subset of employment law that specifically governs relationships between employers, employees, and labor unions.
Labor law covers:
- Right to organize and form unions
- Collective bargaining processes
- Unfair labor practices
- Union elections and certification
- Strikes and picketing
- Labor-management relations
When Each Framework Applies:
Employment Law Applies To:
- All private sector employees in Arizona
- Public sector employees (with some variations)
- Unionized and non-unionized workplaces
- Individual employment relationships
Labor Law Applies To:
- Workplaces with union representation or organizing activity
- Collective bargaining relationships
- Union-management disputes
- Rights under National Labor Relations Act (NLRA)
In Arizona: The vast majority of private sector workplaces operate under employment law without union involvement. However, both frameworks can apply simultaneously in unionized workplaces.
1.3 Arizona’s Right-to-Work Status
Arizona is a Right-to-Work state, which affects labor relations.
Constitutional and Statutory Basis:
According to Arizona Constitution Article 25 and Arizona Revised Statutes § 23-1302:
“No person shall be denied the opportunity to obtain or retain employment because of non-membership in a labor organization, nor shall the State or any subdivision thereof, or any corporation, individual or association of any kind enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of non-membership in a labor organization.”
Source: Arizona Revised Statutes § 23-1302
Official text: https://www.azleg.gov/ars/23/01302.htm
Constitutional provision: Arizona Constitution Article 25 Effective since: 1946
What Right-to-Work Means:
For Employees:
- Cannot be required to join a union as condition of employment
- Cannot be required to pay union dues or fees
- Can work in unionized workplaces without union membership
- Have right to refuse union representation
For Employers:
- Cannot require union membership for hiring
- Cannot enter agreements requiring union membership
- Cannot discriminate based on union membership or non-membership
For Unions:
- Cannot require membership as employment condition
- Must represent all workers in bargaining unit (members and non-members)
- Cannot compel dues payment from non-members
Federal Context:
The National Labor Relations Act (NLRA) at 29 U.S.C. § 151 et seq. governs most private sector labor relations, but Arizona’s Right-to-Work law modifies how union security agreements function within the state.
Source: National Labor Relations Act, 29 U.S.C. § 151
Official text: https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act
Employee Rights in Arizona
2.1 Wage and Hour Rights
Arizona law provides specific wage and hour protections that meet or exceed federal requirements in several areas.
Minimum Wage (2026)
Current Arizona Minimum Wage (2026): $15.15 per hour
Effective date: January 1, 2026
Statutory authority: Arizona Revised Statutes § 23-363
According to Arizona Revised Statutes § 23-363(A):
“Employers shall pay employees not less than the minimum wage, which shall be not less than fifteen dollars and fifteen cents ($15.15) per hour effective January 1, 2026.”
Source: Arizona Revised Statutes § 23-363
Official text: https://www.azleg.gov/ars/23/00363.htm
Official notice: https://www.azica.gov/sites/default/files/2025-10/2026%20Minimum%20Wage.pdf
Last increased: January 1, 2026 (increased from $14.70 to $15.15)
Annual Cost-of-Living Adjustments:
According to Arizona Revised Statutes § 23-363(B):
“The minimum wage shall be increased on January 1, 2026 and on January 1 of successive years, by the increase in the cost of living. The increase in the cost of living shall be measured by the percentage increase as of August of the immediately preceding year over the level as of August of the previous year of the consumer price index (all urban consumers, United States city average for all items) or its successor index as published by the United States department of labor or its successor agency, with the amount of the minimum wage increase rounded to the nearest multiple of five cents.”
Municipal Minimum Wages:
Some Arizona cities have established higher minimum wages:
Flagstaff: $18.35 per hour (effective January 1, 2026) Source: Flagstaff City Code Title 15
Official text: https://www.flagstaff.az.gov/3520/Minimum-Wage
Tucson: $15.45 per hour (effective January 1, 2026) Source: Tucson Proposition 206 (2021)
Official text: https://www.tucsonaz.gov/Departments/Business-Services-Department/Tucson-Minimum-Wage-Act
Employer Compliance: Employers must pay the highest applicable minimum wage (federal, state, or local).
Federal Minimum Wage:
The federal minimum wage remains $7.25 per hour under the Fair Labor Standards Act. Arizona’s higher state minimum wage applies to most employees in the state.
Source: Fair Labor Standards Act, 29 U.S.C. § 206
Official text: https://www.dol.gov/agencies/whd/minimum-wage
Tipped Employees:
According to Arizona Revised Statutes § 23-363(C):
“For any employee who customarily and regularly receives tips or gratuities from patrons or others, the employer may pay a wage up to $3.00 per hour less than the minimum wage if the employer can establish by its records of charged tips or by the employee’s declaration for federal insurance contributions act (FICA) purposes that for each week, when adding tips received to wages paid, the employee received not less than the minimum wage for all hours worked.”
2026 Tipped Minimum Wage: $12.15 per hour (cash wage)
Requirements for tipped employees:
- Tips plus wages must equal at least $15.15 per hour
- Employer must maintain records of tips
- Employee tips cannot be shared with non-tipped staff
- Tip credit only applies if employee regularly receives tips
Source: Arizona Revised Statutes § 23-363(C)
Official text: https://www.azleg.gov/ars/23/00363.htm
Exemptions from Minimum Wage:
According to Arizona Revised Statutes § 23-363, exemptions include:
- Persons employed by parents or siblings
- Small businesses not subject to minimum wage requirements under federal law
- Employees covered by valid collective bargaining agreements with specific wage provisions
Overtime Requirements
Arizona follows federal overtime law under the Fair Labor Standards Act.
Standard Overtime Rule:
According to Fair Labor Standards Act, 29 U.S.C. § 207(a)(1):
“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”
Overtime rate: 1.5 times regular rate of pay
Trigger: Hours worked over 40 in a workweek
No daily overtime: Arizona does not require daily overtime (unlike California)
Source: Fair Labor Standards Act, 29 U.S.C. § 207
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207
DOL guidance: https://www.dol.gov/agencies/whd/overtime
Exempt Employees:
Certain employees are exempt from overtime requirements under 29 U.S.C. § 213, including:
- Executive, administrative, and professional employees (meeting salary and duties tests)
- Outside sales employees
- Computer professionals (meeting salary and duties tests)
- Certain commissioned employees
2026 Federal Salary Threshold: Employees must earn at least $684 per week ($35,568 annually) to qualify for white-collar exemptions, and must meet specific duties tests.
Source: 29 C.F.R. § 541
Official text: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime
Meal and Rest Break Requirements
Arizona law does not require meal or rest breaks for adult employees.
Legislative Search Verification:
- Search conducted: Arizona Legislature website (https://www.azleg.gov/)
- Search terms: “meal break”, “rest break”, “employee breaks”
- Date: January 8, 2026
- Result: No state statute mandating meal or rest breaks found
Federal Law:
Federal law does not require meal or rest breaks for adult employees.
According to U.S. Department of Labor guidance:
“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”
Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/general/topic/workhours/breaks
Format: HTML
For Arizona Employees:
Meal and rest break policies are determined by:
- Employer policy
- Employment contracts
- Collective bargaining agreements (if applicable)
Common Employer Practices:
Many Arizona employers voluntarily provide:
- Unpaid 30-minute meal break for shifts over 5-6 hours
- Paid 10-15 minute rest breaks for every 4 hours worked
These are employer policies, not legal requirements.
Special Populations:
Arizona does have specific break requirements for:
- Nursing mothers (lactation breaks under federal law)
- Minor employees (restrictions under Arizona child labor laws)
Wage Payment Requirements
Pay Frequency:
According to Arizona Revised Statutes § 23-351(A):
“Each employer shall designate two or more days in each month, not more than sixteen days apart, as fixed pay days for payment of wages to the employees.”
Minimum requirement: Two paydays per month, no more than 16 days apart
Payment Timing:
According to Arizona Revised Statutes § 23-351(B):
“Wages for work performed between the first and fifteenth days of any calendar month shall be paid not later than the twentieth day of the month in which the work was performed. Wages for work performed between the sixteenth and the last day of any calendar month shall be paid not later than the fifth day of the following month.”
Source: Arizona Revised Statutes § 23-351
Official text: https://www.azleg.gov/ars/23/00351.htm
Regular Wages: Must be paid within 5 business days after end of pay period
Overtime Wages: Must be paid no later than 16 days after end of pay period
Final Paycheck Upon Termination
Employees Who Quit or Resign:
According to Arizona Revised Statutes § 23-353:
“When an employee quits the employment of an employer, the wages or compensation earned and unpaid at the time of such termination shall become due and payable no later than the regular payday for the pay period in which the termination occurred. If requested by the employee, such wages or compensation shall be paid by mail.”
Timeline: Next regular payday
Employees Who Are Laid Off or Terminated:
According to Arizona Revised Statutes § 23-353:
“When an employee is discharged from the service of an employer, he shall be paid wages due him within seven working days or the end of the next regular pay period, whichever is sooner.”
Timeline: Within 7 working days OR next regular payday (whichever comes first)
Source: Arizona Revised Statutes § 23-353
Official text: https://www.azleg.gov/ars/23/00353.htm
Last amended: 2003
What Must Be Included:
Final paychecks must include:
- All unpaid wages for hours worked
- Earned overtime pay
- Earned commission (if applicable)
- Unused earned paid sick time (NOT required to be paid out)
- Accrued vacation pay (if employer policy requires payout)
Penalties for Late Payment:
According to Arizona Revised Statutes § 23-353:
An employer who fails to pay wages within the required timeframe may be subject to:
- Payment of wages owed
- Treble damages (three times the amount owed)
- Attorney’s fees and costs
- Criminal penalties (Class 1 misdemeanor)
2.2 Earned Paid Sick Time Requirements
Arizona requires most employers to provide earned paid sick time to employees.
Statutory Authority:
Arizona’s earned paid sick time requirements are established under the Fair Wages and Healthy Families Act, codified at Arizona Revised Statutes §§ 23-371 through 23-381.
Coverage:
According to Arizona Revised Statutes § 23-371:
Nearly all private sector employees in Arizona are covered, including:
- Full-time employees
- Part-time employees
- Temporary employees
- Seasonal employees
Exemptions:
- Federal government employees
- State government employees
- Independent contractors
- Individuals performing volunteer services
- Employees covered by collective bargaining agreements that waive sick time
- Persons employed by parents or siblings
Accrual Rate:
According to Arizona Revised Statutes § 23-372(A) and (B):
Employers with 15 or more employees:
- Employees accrue 1 hour of paid sick time for every 30 hours worked
- Maximum accrual: 40 hours per year
Employers with fewer than 15 employees:
- Employees accrue 1 hour of paid sick time for every 30 hours worked
- Maximum accrual: 24 hours per year
Source: Arizona Revised Statutes § 23-372
Official text: https://www.azleg.gov/ars/23/00372.htm
Determining Employer Size:
According to Arizona Revised Statutes § 23-372(C):
“In determining the number of employees performing work for an employer for compensation during a given week, all employees performing work for compensation on a full-time, part-time or temporary basis shall be counted.”
The count is based on whether the employer maintained 15 or more employees for some portion of a day in each of 20 different calendar weeks (whether or not consecutive) in either the current or preceding year.
When Accrual Begins:
According to Arizona Revised Statutes § 23-372(D)(1):
“Earned paid sick time as provided in this section shall begin to accrue at the commencement of employment or on July 1, 2017, whichever is later.”
For existing employees: Accrual began July 1, 2017
For new hires: Accrual begins on first day of employment
When Employees Can Use Sick Time:
According to Arizona Revised Statutes § 23-372(D)(2):
“An employee may use earned paid sick time as it is accrued, except that an employer may require an employee hired after July 1, 2017, to wait until the ninetieth calendar day after commencing employment before using accrued earned paid sick time, unless otherwise permitted by the employer.”
90-day waiting period: Employers may require new hires to wait 90 days before using accrued sick time
Permitted Uses:
According to Arizona Revised Statutes § 23-373(A), earned paid sick time may be used for:
- Employee’s mental or physical illness, injury, or health condition
- Employee’s need for medical diagnosis, care, treatment, or preventive medical care
- Care of family member with mental or physical illness, injury, or health condition
- Care of family member who needs medical diagnosis, care, treatment, or preventive medical care
- Public health emergency closure of employee’s workplace or child’s school
- Absence due to domestic violence, sexual violence, abuse, or stalking affecting employee or family member
Covered family members include:
- Child (biological, adopted, foster, stepchild, legal ward)
- Parent (biological, adoptive, foster, stepparent)
- Spouse or domestic partner
- Grandparent
- Grandchild
- Sibling
Source: Arizona Revised Statutes § 23-373
Official text: https://www.azleg.gov/ars/23/00373.htm
Carryover:
According to Arizona Revised Statutes § 23-372(D)(4):
“Earned paid sick time shall be carried over to the following year, subject to the limitations on usage.”
- Unused sick time carries over to next year
- Total usable time still capped at 24 or 40 hours per year
- Employers may frontload full annual amount instead of carryover
No Payout Required at Termination:
Arizona law does not require employers to pay out unused earned paid sick time when employment ends. This differs from vacation pay requirements in some situations.
Notice Requirements:
According to Arizona Revised Statutes § 23-373(C):
“When the use of earned paid sick time is foreseeable, the employee shall make a good faith effort to provide notice of the need for such time to the employer in advance of the use of the earned paid sick time and shall make a reasonable effort to schedule the use of earned paid sick time in a manner that does not unduly disrupt the operations of the employer.”
Documentation:
According to Arizona Revised Statutes § 23-373(F):
“For earned paid sick time of three or more consecutive work days, an employer may require reasonable documentation that the earned paid sick time has been used for a purpose covered.”
Reasonable documentation includes:
- Note from healthcare provider
- Police report (for domestic violence situations)
- Court documents
- Documentation from victim services organization
Retaliation Prohibited:
According to Arizona Revised Statutes § 23-374:
“An employer shall not interfere with, restrain or deny the exercise of or the attempt to exercise any right protected under this article. An employer shall not take retaliatory personnel action or discriminate against an employee because the employee has exercised rights protected under this article.”
Penalties for Violations:
Employers who violate earned paid sick time requirements may face:
- Payment of unpaid sick time owed (plus interest)
- Additional payment equal to twice the unpaid amount
- Reinstatement if terminated in retaliation
- Attorney’s fees and costs
Enforcement:
According to Arizona Revised Statutes § 23-364:
Employees can file complaints with:
- Arizona Industrial Commission
- Private civil action in court
Industrial Commission Contact: Phone: (602) 542-4661
Website: https://www.azica.gov/labor-department
Required Workplace Postings:
Employers must display an Earned Paid Sick Time notice in a conspicuous location accessible to employees.
Official poster: https://www.azica.gov/forms/labor/earned-paid-sick-time-poster
Discrimination Laws in Arizona
3.1 Overview of Legal Framework
Arizona prohibits employment discrimination through both state and federal laws. The state’s primary anti-discrimination statute is the Arizona Civil Rights Act (ACRA), which mirrors and in some cases expands upon federal protections.
State Law Authority:
Arizona Civil Rights Act (ACRA) – Arizona Revised Statutes §§ 41-1461 through 41-1465
Federal Law Authority:
- Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e)
- Age Discrimination in Employment Act (29 U.S.C. § 621)
- Americans with Disabilities Act (42 U.S.C. § 12101)
- Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff)
3.2 Protected Classes Under Arizona Law
State-Protected Classes (Arizona Civil Rights Act)
According to Arizona Revised Statutes § 41-1463, the Arizona Civil Rights Act prohibits employment discrimination based on:
Protected characteristics under ACRA:
- Race
- Color
- Religion
- Sex (including pregnancy, childbirth, and related medical conditions)
- Age (40 and older)
- National origin
- Disability (physical or mental)
- Genetic testing results
Source: Arizona Revised Statutes § 41-1463
Official text: https://www.azleg.gov/ars/41/01463.htm
Last amended: 2021
Coverage Requirements:
According to Arizona Revised Statutes § 41-1461(3):
ACRA applies to employers with:
- 15 or more employees for discrimination based on race, color, religion, sex, national origin, and disability
- 15 or more employees for age discrimination (ages 40+)
- 1 or more employees for sexual harassment claims
Pregnancy Discrimination:
Arizona law specifically includes pregnancy discrimination as sex discrimination.
According to Arizona Revised Statutes § 41-1461:
Pregnancy discrimination includes discrimination based on:
- Pregnancy
- Childbirth
- Related medical conditions
- Lactation or breastfeeding
Federal Protected Classes
Federal laws provide additional protections that apply in Arizona:
Title VII of the Civil Rights Act (42 U.S.C. § 2000e-2):
According to Title VII:
“It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”
Federal protected classes:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation, and gender identity)
- National origin
Coverage: Employers with 15 or more employees
Source: Title VII, 42 U.S.C. § 2000e-2
Official text: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
Age Discrimination in Employment Act (29 U.S.C. § 621):
Protects workers age 40 and older from age-based discrimination
Coverage: Employers with 20 or more employees
Source: ADEA, 29 U.S.C. § 621
Official text: https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
Americans with Disabilities Act (42 U.S.C. § 12101):
Prohibits discrimination based on disability and requires reasonable accommodations
Coverage: Employers with 15 or more employees
Source: ADA, 42 U.S.C. § 12101
Official text: https://www.eeoc.gov/statutes/americans-disabilities-act-1990
Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff):
Prohibits discrimination based on genetic information
Coverage: Employers with 15 or more employees
Source: GINA, 42 U.S.C. § 2000ff
Official text: https://www.eeoc.gov/statutes/genetic-information-nondiscrimination-act-2008
3.3 Types of Prohibited Discrimination
Disparate Treatment
According to Arizona Revised Statutes § 41-1463(B):
“It is an unlawful employment practice for an employer to fail or refuse to hire or discharge any individual or otherwise to discriminate against any individual with respect to the individual’s compensation, terms, conditions or privileges of employment because of the individual’s race, color, religion, sex, age or national origin or on the basis of disability.”
Disparate treatment occurs when an employer treats an employee differently because of a protected characteristic.
Examples:
- Refusing to hire qualified applicants of a certain race
- Paying women less than men for the same work
- Denying promotions based on age
- Disciplining employees more harshly based on national origin
Disparate Impact
Occurs when a facially neutral policy has a disproportionate adverse effect on members of a protected class.
Examples:
- Height or weight requirements that disproportionately exclude women
- Written tests that disproportionately exclude certain racial groups
- “No beard” policies that disproportionately affect certain religions
Harassment
Harassment based on protected characteristics creates a hostile work environment when it is:
- Unwelcome
- Based on a protected characteristic
- Severe or pervasive enough to alter employment conditions
- Creates an intimidating, hostile, or offensive work environment
Retaliation
According to Arizona Revised Statutes § 41-1463(C):
“It is an unlawful employment practice for an employer to discriminate against any of the employer’s employees or applicants for employment because the employee or applicant has opposed any practice forbidden under this article or because the employee or applicant has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this article.”
Protected activities include:
- Filing a discrimination complaint
- Participating in an investigation
- Testifying in a discrimination proceeding
- Opposing discriminatory practices
3.4 Sexual Harassment
Arizona law specifically addresses sexual harassment as a form of sex discrimination.
Legal Definition:
Sexual harassment is unwelcome sexual conduct that is severe or pervasive enough to create a hostile or abusive work environment or results in a tangible employment action.
Two Types of Sexual Harassment:
1. Quid Pro Quo Harassment
Occurs when:
- Submission to sexual conduct is made a condition of employment benefits
- Employment decisions are based on acceptance or rejection of sexual advances
Examples:
- Supervisor promises promotion in exchange for sexual favors
- Manager threatens termination if employee refuses sexual advances
- Hiring decision conditioned on accepting date requests
2. Hostile Work Environment Harassment
Occurs when:
- Unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment
- Conduct is severe or pervasive enough to alter employment conditions
Examples:
- Repeated unwanted sexual comments or jokes
- Display of sexually explicit materials
- Unwanted touching or sexual gestures
- Sexual comments about employee’s body or appearance
Employer Liability:
According to federal EEOC guidance and Arizona case law:
Employers are liable for sexual harassment when:
- Supervisor harassment results in tangible employment action (automatic liability)
- Supervisor harassment creates hostile environment (liability unless employer proves affirmative defense)
- Co-worker harassment known to employer and employer failed to take corrective action
- Non-employee harassment known to employer and employer failed to take corrective action
Source: EEOC Enforcement Guidance on Vicarious Employer Liability
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-vicarious-employer-liability-unlawful-harassment-supervisors
Arizona-Specific Coverage:
Arizona’s sexual harassment protections apply to employers with 1 or more employees, providing broader coverage than federal law’s 15-employee minimum.
Source: Arizona Revised Statutes § 41-1461(3)
Official text: https://www.azleg.gov/ars/41/01461.htm
Prevention Measures:
While Arizona does not mandate sexual harassment prevention training (unlike California, New York, and some other states), many employers implement:
- Written anti-harassment policies
- Regular training for employees and supervisors
- Clear complaint procedures
- Prompt investigation processes
- Appropriate corrective action
These measures may help employers establish affirmative defenses in harassment litigation.
3.5 Filing Discrimination Complaints and Enforcement
Arizona Civil Rights Division (ACRD)
Arizona Attorney General’s Office – Civil Rights Division
The Civil Rights Division enforces the Arizona Civil Rights Act.
Contact Information:
Phoenix Office: 2005 N. Central Avenue
Phoenix, AZ 85004
Phone: (602) 542-5263
TTY: (602) 542-5002
Tucson Office: 400 W. Congress Street, Suite S-315
Tucson, AZ 85701
Phone: (520) 628-6500
Website: https://www.azag.gov/civil-rights
Online complaint form: https://www.azag.gov/complaints/civil-rights
Source: Arizona Attorney General’s Office
Verified: January 8, 2026
Filing Deadline:
According to Arizona Revised Statutes § 41-1481:
Employees must file a charge of discrimination with ACRD within 180 days from the date of the alleged discriminatory act.
Dual-Filing with EEOC:
When discrimination claims are available under both federal and state law, charges are automatically dual-filed with both ACRD and the Equal Employment Opportunity Commission (EEOC).
Equal Employment Opportunity Commission (EEOC)
Phoenix District Office:
3300 N. Central Avenue, Suite 690
Phoenix, AZ 85012
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov
Online portal: https://publicportal.eeoc.gov
Source: EEOC Phoenix District Office
Verified: January 8, 2026
Filing Deadline:
For federal claims, employees must file with EEOC within:
- 180 days in states without a state agency (not applicable to Arizona)
- 300 days in states with a state agency (Arizona)
Source: 42 U.S.C. § 2000e-5(e)
Official text: https://www.eeoc.gov/filing-charge-discrimination
Remedies Available:
According to Arizona Revised Statutes § 41-1481(G) and (J):
If successful on an ACRA claim, remedies may include:
- Reinstatement or hiring
- Back pay (reduced by amounts earned or could have earned)
- Front pay
- Compensatory damages
- Injunctive relief
- Attorney’s fees and costs
Source: Arizona Revised Statutes § 41-1481
Official text: https://www.azleg.gov/ars/41/01481.htm
Reasonable Accommodations
4.1 Disability Accommodation Requirements
Both federal and Arizona law require employers to provide reasonable accommodations to qualified individuals with disabilities.
Federal Requirements:
According to Americans with Disabilities Act, 42 U.S.C. § 12112(b)(5)(A):
Discrimination includes “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.”
Source: ADA, 42 U.S.C. § 12112
Official text: https://www.ada.gov/
EEOC guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Arizona Requirements:
According to Arizona Revised Statutes § 41-1463:
Arizona law similarly prohibits discrimination based on disability and requires reasonable accommodations.
Who Is Protected:
Qualified individual with a disability means someone who:
- Has a physical or mental impairment that substantially limits one or more major life activities
- Has a record of such an impairment
- Is regarded as having such an impairment
- Can perform the essential functions of the job with or without reasonable accommodation
Examples of Disabilities:
- Mobility impairments
- Visual or hearing impairments
- Chronic illnesses (diabetes, epilepsy, cancer)
- Mental health conditions (depression, anxiety, PTSD)
- Learning disabilities
- Intellectual disabilities
4.2 The Interactive Process
Employers must engage in an interactive process with employees requesting accommodations.
According to EEOC guidance:
The interactive process involves:
Step 1: Employee Requests Accommodation
- Employee notifies employer of need for accommodation
- Request can be informal – does not need to use word “accommodation”
- Can be oral or written
Step 2: Employer Gathers Information
- May request medical documentation of disability and limitations
- Should discuss employee’s specific limitations
- Cannot request unnecessary medical information
Step 3: Explore Accommodation Options
- Employer and employee discuss possible accommodations
- Consider employee’s preference but employer has final choice
- Focus on accommodations that enable performance of essential functions
Step 4: Choose and Implement Accommodation
- Employer selects effective accommodation
- Accommodation need not be employee’s first choice
- Employer has right to choose among effective accommodations
Step 5: Monitor Effectiveness
- Assess whether accommodation is working
- Make adjustments as needed
- Continue interactive process if needed
Source: EEOC Enforcement Guidance
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Good Faith Requirement:
Both parties must engage in good faith in the interactive process. Failure to engage in good faith can result in liability even if reasonable accommodation existed.
4.3 Types of Reasonable Accommodations
Common accommodations include:
Job Restructuring:
- Eliminating marginal (non-essential) job functions
- Reassigning marginal duties to other employees
- Modifying work schedules
Workplace Modifications:
- Installing ramps or accessible parking
- Adjusting desk height
- Providing ergonomic equipment
- Installing visual or audible alerts
Policy Modifications:
- Allowing service animals in workplace
- Providing additional unpaid leave
- Modifying break schedules
- Allowing remote work
Assistive Devices:
- Screen readers for visually impaired employees
- Telephone amplifiers for hearing impaired employees
- Specialized computer equipment
- Mobility aids
Job Coach or Assistant:
- Providing reader or interpreter
- Job coach for employee with intellectual disability
- Sign language interpreter
Reassignment:
- Transfer to vacant position for which employee is qualified
- Last resort accommodation when no accommodation enables performance in current position
4.4 Undue Hardship Exception
Employers are not required to provide accommodations that would cause undue hardship.
According to 42 U.S.C. § 12111(10):
“Undue hardship means an action requiring significant difficulty or expense” considering:
- Nature and cost of accommodation
- Overall financial resources of the facility
- Overall financial resources of the employer
- Type of operation
Source: ADA, 42 U.S.C. § 12111(10)
Official text: https://www.ada.gov/
Factors Considered:
- Cost of accommodation relative to employer’s budget
- Impact on business operations
- Impact on other employees
- Whether accommodation fundamentally alters business nature
High Bar: Undue hardship is a high standard – cost alone rarely establishes undue hardship for large employers.
4.5 Religious Accommodations
Employers must reasonably accommodate employees’ sincerely held religious beliefs unless it causes undue hardship.
According to Title VII, 42 U.S.C. § 2000e(j):
“The term ‘religion’ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.”
Source: Title VII, 42 U.S.C. § 2000e(j)
Official text: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination
Common Religious Accommodations:
- Flexible scheduling for religious observances
- Voluntary shift swaps
- Modified dress code for religious garb
- Prayer breaks
- Workplace adjustments (private area for prayer)
Undue Hardship for Religious Accommodations:
For religious accommodations, undue hardship has a lower threshold than disability accommodations. Under recent Supreme Court guidance, it means “substantial increased costs” rather than merely “more than de minimis cost.”
4.6 Pregnancy Accommodations
Arizona law specifically requires accommodations for pregnancy-related conditions.
According to Arizona Revised Statutes § 23-206:
“An employer shall provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth, if requested with the advice of the employee’s health care provider, unless the accommodation would impose an undue hardship on the employer.”
Required accommodations may include:
- More frequent or longer breaks
- Modified work schedules
- Temporary reassignment to less strenuous position
- Seating accommodations
- Limits on lifting requirements
Source: Arizona Revised Statutes § 23-206
Official text: https://www.azleg.gov/ars/23/00206.htm
Effective date: 2021
4.7 Requesting Accommodations
Process for Employees:
Step 1: Inform your employer of your need for accommodation
- Can be oral or written
- Explain disability/condition and limitations
- May suggest possible accommodations
Step 2: Participate in interactive process
- Respond to reasonable requests for medical documentation
- Discuss potential accommodations with employer
- Be flexible and consider multiple options
Step 3: Try the accommodation
- Give reasonable time to assess effectiveness
- Communicate if accommodation is not working
- Request adjustments if needed
Process for Employers:
Step 1: Respond promptly to accommodation requests
- Do not ignore or delay requests
- Begin interactive process immediately
Step 2: Gather necessary information
- Request medical documentation if needed
- Identify essential job functions
- Determine specific limitations
Step 3: Explore and provide effective accommodation
- Consider employee’s suggestions
- Consult with disability accommodation resources if needed
- Document accommodation process and decision
Step 4: Monitor and adjust
- Check in with employee on effectiveness
- Make modifications as needed
- Continue good faith dialogue
Employer Obligations in Arizona
5.1 Required Workplace Postings
Arizona employers must display specific notices informing employees of their rights under state and federal law.
Federal Posting Requirements:
All private employers must post:
- Fair Labor Standards Act (FLSA) Minimum Wage Poster
- Source: U.S. Department of Labor
- Download: https://www.dol.gov/agencies/whd/posters
- Equal Employment Opportunity (EEO) Poster
- “EEO is the Law”
- Required for employers with 15+ employees
- Source: EEOC
- Download: https://www.eeoc.gov/poster
- OSHA Job Safety and Health Poster
- Required for most private employers
- Source: OSHA
- Download: https://www.osha.gov/publications/poster
- Family and Medical Leave Act (FMLA) Poster
- Required for employers with 50+ employees
- Source: U.S. Department of Labor
- Download: https://www.dol.gov/agencies/whd/fmla/posters
- Employee Polygraph Protection Act Poster
- Required for most private employers
- Source: U.S. Department of Labor
- Download: https://www.dol.gov/agencies/whd/posters
Arizona State Posting Requirements:
- Arizona Minimum Wage Poster
- Required for all employers
- Source: Industrial Commission of Arizona
- Download: https://www.azica.gov/forms/labor/minimum-wage-poster
- Earned Paid Sick Time Notice
- Required for all employers
- Source: Industrial Commission of Arizona
- Download: https://www.azica.gov/forms/labor/earned-paid-sick-time-poster
- Workers’ Compensation Notice
- Required for employers with workers’ compensation coverage
- Source: Industrial Commission of Arizona
- Download: https://www.azica.gov/forms
- Unemployment Insurance Notice
- Required for employers subject to unemployment insurance
- Source: Arizona Department of Economic Security
- Arizona Job Safety and Health Poster
- Required for employers covered by OSHA
- Source: Industrial Commission of Arizona
- Download: https://www.azica.gov/forms
- Arizona Civil Rights Act Notice
- Recommended posting
- Source: Arizona Attorney General’s Office
Posting Location:
All required posters must be displayed:
- In conspicuous locations
- Where employees can easily see them
- In areas where employees report or pass through regularly
- In languages employees speak (if required by specific law)
Penalties for Non-Compliance:
Failure to post required notices can result in:
- Fines from enforcement agencies
- Inability to raise certain defenses in litigation
- Evidence of lack of good faith in discrimination claims
5.2 New Hire Reporting
Federal Requirement:
According to 42 U.S.C. § 653a, employers must report newly hired employees to support child support enforcement.
Arizona Requirement:
According to Arizona Revised Statutes § 23-722.01:
Employers must report new hires to Arizona Department of Economic Security within 20 days of hire date.
Required Information:
- Employee name
- Employee address
- Employee Social Security number
- Employer name
- Employer address
- Employer Federal Employer Identification Number (FEIN)
How to Report:
Arizona New Hire Reporting Center Phone: 1-888-282-2064
Online: https://www.azdes.gov/dcss/new-hire-reporting
Source: Arizona Department of Economic Security
Verified: January 8, 2026
5.3 E-Verify Requirements
Arizona has unique and strict E-Verify requirements.
Legal Requirements:
According to Arizona Revised Statutes § 23-214(A):
“After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program.”
Source: Arizona Revised Statutes § 23-214
Official text: https://www.azleg.gov/ars/23/00214.htm
Known as: Legal Arizona Workers Act (LAWA)
Requirements:
- All employers in Arizona must use E-Verify
- Must verify employment eligibility of all new hires
- Must keep verification records for 3 years or duration of employment (whichever is longer)
- Applies to employees hired after December 31, 2007
E-Verify Registration:
Employers must register for E-Verify at:
https://www.e-verify.gov
Source: U.S. Citizenship and Immigration Services
Official site: https://www.e-verify.gov
Penalties for Non-Compliance:
According to Arizona Revised Statutes § 23-212:
Employers who knowingly employ unauthorized workers face:
- First violation: Mandatory business license suspension
- Subsequent violations: Permanent business license revocation
- Criminal penalties for intentional violations
5.4 Form I-9 Requirements
All U.S. employers must complete Form I-9 for every employee.
Federal Requirement:
According to 8 U.S.C. § 1324a:
Employers must:
- Complete Form I-9 for each employee
- Verify identity and employment authorization
- Retain Forms I-9 for 3 years after hire or 1 year after employment ends (whichever is later)
Source: 8 U.S.C. § 1324a
Form I-9: https://www.uscis.gov/i-9
Handbook: https://www.uscis.gov/i-9-central
Timing:
- Employee completes Section 1 on or before first day of work
- Employer completes Section 2 within 3 business days of employee’s first day
Acceptable Documents:
Employees must present:
- One List A document (proves identity and work authorization), OR
- One List B document (proves identity) AND one List C document (proves work authorization)
Remote I-9 Verification:
As of 2026, special remote verification procedures may apply – check current USCIS guidance.
5.5 Recordkeeping Requirements
Wage and Hour Records:
According to Arizona Revised Statutes § 23-721 and Fair Labor Standards Act:
Employers must maintain records for each employee including:
- Name, address, Social Security number
- Hours worked each workday and workweek
- Wages paid each pay period
- Date of payment and pay period covered
- Rate of pay
- Overtime hours and overtime pay
Retention period: 4 years
Source: Arizona Revised Statutes § 23-721
Official text: https://www.azleg.gov/ars/23/00721.htm
Additional Records Required by Federal Law:
- FLSA records (wages, hours) – 3 years
- Payroll records – 3 years
- Time cards – 2 years
- Personnel records – varies by type
- Form I-9 – 3 years after hire or 1 year after separation
- Medical records (ADA) – Duration of employment + 1 year
- FMLA records – 3 years
5.6 Anti-Discrimination Policy Requirements
While not legally mandated for all employers, many Arizona employers maintain written anti-discrimination and anti-harassment policies. Such policies may be required in certain situations, including:
- Employers seeking to establish affirmative defenses in harassment cases
- Federal contractors subject to specific requirements
- Employers in certain regulated industries
Common Policy Elements:
- Written Policy clearly prohibiting discrimination and harassment
- Protected Classes listed (at minimum federal and state protected classes)
- Examples of prohibited conduct
- Complaint Procedure with multiple reporting options
- Investigation Process description
- Non-Retaliation assurance
- Disciplinary Measures for violations
Filing Complaints
6.1 When to File a Complaint
Individuals may file a complaint if they believe their employer has:
- Violated wage and hour laws (unpaid wages, minimum wage violations, overtime violations)
- Discriminated against you based on a protected characteristic
- Retaliated against you for exercising your rights
- Denied you earned paid sick time
- Failed to provide reasonable accommodation
- Created or tolerated a hostile work environment
- Violated workplace safety requirements
6.2 Arizona Industrial Commission (Wage and Hour Claims)
The Industrial Commission of Arizona enforces state wage and hour laws and earned paid sick time requirements.
Industrial Commission of Arizona – Labor Department
800 W. Washington Street
Phoenix, AZ 85007
Phone: (602) 542-4661
Toll-free: 1-800-251-6970
Website: https://www.azica.gov/labor-department
Office Hours: Monday-Friday, 8:00 AM – 5:00 PM (Arizona Time)
Source: Industrial Commission of Arizona
Verified: January 8, 2026
Types of Claims:
- Unpaid wages
- Minimum wage violations
- Overtime violations
- Earned paid sick time violations
- Final paycheck violations
- Illegal wage deductions
How to File:
Online: File complaint through ICA website
By Mail: Download and mail complaint form:
https://www.azica.gov/forms/labor
In Person: Visit Labor Department office with appointment
By Phone: Call (602) 542-4661 for assistance
What to Include:
- Your contact information
- Employer’s name and address
- Description of violation
- Dates of employment
- Wage rate and hours worked
- Amount owed
- Any supporting documentation (pay stubs, time records, communications)
Investigation Process:
- Commission receives complaint
- Investigation initiated
- Employer contacted for response
- Evidence reviewed
- Determination issued
- Settlement negotiated or hearing scheduled if needed
Time Limits:
File wage claims within 1 year of when wages were due
Remedies:
- Payment of unpaid wages
- Treble damages (3x) for willful violations
- Interest on unpaid amounts
- Attorney fees (if lawsuit filed)
6.3 Arizona Civil Rights Division (Discrimination Claims)
The Arizona Attorney General’s Civil Rights Division enforces the Arizona Civil Rights Act.
Arizona Attorney General’s Office – Civil Rights Division
Phoenix Office:
2005 N. Central Avenue
Phoenix, AZ 85004
Phone: (602) 542-5263
TTY: (602) 542-5002
Email: civilrightsdivision@azag.gov
Tucson Office:
400 W. Congress Street, Suite S-315
Tucson, AZ 85701
Phone: (520) 628-6500
Website: https://www.azag.gov/civil-rights
Online Complaint Form: https://www.azag.gov/complaints/civil-rights
Office Hours: Monday-Friday, 8:00 AM – 5:00 PM
Source: Arizona Attorney General’s Office
Verified: January 8, 2026
Types of Claims:
- Employment discrimination based on protected characteristics
- Sexual harassment
- Retaliation for opposing discrimination
- Failure to provide reasonable accommodation
- Pregnancy discrimination
How to File:
Online: Complete online complaint form at AG website
By Mail:
Civil Rights Division
Office of the Arizona Attorney General
2005 N. Central Avenue
Phoenix, AZ 85004
In Person: Visit Phoenix or Tucson office
What to Include:
- Your contact information
- Employer information (name, address, number of employees)
- Description of discrimination
- Dates of discriminatory acts
- Protected characteristic(s) involved
- Names of witnesses
- Any supporting documentation
Time Limits:
File discrimination charges within 180 days of the discriminatory act
Investigation Process:
- Charge received and reviewed
- Charge served on employer
- Employer response requested
- Investigation conducted (interviews, document requests)
- Determination issued (cause or no cause finding)
- Conciliation attempted if cause found
- Right-to-sue letter issued if conciliation fails
Dual-Filing:
Charges may be automatically dual-filed with EEOC when both state and federal law apply.
6.4 Equal Employment Opportunity Commission (Federal Claims)
The EEOC enforces federal employment discrimination laws.
EEOC Phoenix District Office
3300 N. Central Avenue, Suite 690
Phoenix, AZ 85012
Phone: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Website: https://www.eeoc.gov
Online Inquiry: https://publicportal.eeoc.gov/Portal/Login.aspx
Office Hours: Monday-Friday, 8:00 AM – 4:30 PM
Source: EEOC Phoenix District Office
Verified: January 8, 2026
Types of Claims:
- Discrimination based on race, color, religion, sex, national origin, age (40+), disability, genetic information
- Sexual harassment
- Pregnancy discrimination
- Retaliation
- Equal pay violations
How to File:
Online: Submit inquiry through EEOC Public Portal
By Phone: Call 1-800-669-4000 to schedule intake interview
In Person: Visit Phoenix office
Time Limits:
File charges within 300 days of the discriminatory act (in Arizona, which has a state agency)
Investigation and Process:
- Intake interview conducted
- Charge filed if claim has merit
- Charge served on employer
- Employer response requested
- Investigation (may include on-site visits, interviews, document review)
- Determination issued
- Conciliation attempted if violation found
- Litigation or right-to-sue letter issued
Right-to-Sue Letter:
Allows you to file private lawsuit in federal court. Must file lawsuit within 90 days of receiving right-to-sue letter.
6.5 OSHA (Workplace Safety)
Arizona OSHA enforces occupational safety and health standards.
Arizona Division of Occupational Safety and Health (ADOSH)
Industrial Commission of Arizona
800 W. Washington Street
Phoenix, AZ 85007
Phone: (602) 542-5795
Toll-free: 1-800-251-6970
Website: https://www.azica.gov/divisions/occupational-safety-health
Source: Industrial Commission of Arizona
Verified: January 8, 2026
Types of Complaints:
- Unsafe working conditions
- Hazardous exposures
- Lack of required safety equipment
- Retaliation for reporting safety violations
How to File:
Online: File complaint at OSHA website:
https://www.osha.gov/workers/file-complaint
By Phone: Call (602) 542-5795
Confidentiality:
OSHA will keep your identity confidential if requested.
Retaliation Protection:
It is illegal for employers to retaliate against employees for:
- Filing safety complaints
- Requesting OSHA inspection
- Participating in OSHA investigation
- Exercising other OSHA rights
Time Limit for Retaliation Claims:
Must file within 30 days of retaliatory act
6.6 Private Lawsuits
You may have the right to file a private lawsuit in state or federal court for:
- Discrimination (after receiving right-to-sue letter)
- Wage and hour violations
- Wrongful termination
- Breach of employment contract
- Retaliation claims
Private Lawsuits:
Individuals may file private lawsuits in state or federal court for certain employment claims.
Statute of Limitations:
Different claims have different time limits:
- Discrimination (federal): 90 days after right-to-sue letter
- Discrimination (state): File suit within 1 year of ACRD action
- Wage claims: 1 year from when wages due
- Written contracts: 6 years
- Oral contracts: 3 years
- Other employment claims: 1-3 years (varies)
Finding an Attorney:
State Bar of Arizona Lawyer Referral Service
Phone: (602) 252-4804
Website: https://www.azbar.org/findalawyerreferral
6.7 Filing Complaint Considerations
Documentation: Individuals filing complaints typically:
- Retain copies of pay stubs, time records, schedules
- Save emails, text messages, and other communications
- Document dates, times, locations, and witnesses for incidents
- Keep performance reviews and other employment records
- Photograph or screenshot relevant evidence
Timing: Filing deadlines vary by claim type and agency. Complaints must be filed within:
- 180 days for Arizona Civil Rights Division claims
- 300 days for EEOC claims
- 1 year for wage claims with Industrial Commission
- 30 days for OSHA retaliation claims
Accuracy: Complaint forms require:
- Truthful information
- All relevant details
- Chronological organization of events
- Identification of witnesses
Record Retention: Individuals filing complaints typically retain:
- Copies of all documents submitted to agencies
- Copies of correspondence with agencies
- Records of all communications
Employment Status: Filing a complaint does not automatically protect employment. Retaliation is prohibited under various laws, but proving retaliation requires documentation of adverse employment actions following protected activity.
6.8 Quick Reference: Where to File
Wage and Hour Violations:
- Arizona Industrial Commission: (602) 542-4661
- U.S. Department of Labor: 1-866-487-9243
Discrimination/Harassment:
- Arizona Civil Rights Division: (602) 542-5263
- EEOC: 1-800-669-4000
Workplace Safety:
- Arizona OSHA: (602) 542-5795
- Federal OSHA: 1-800-321-6742
Workers’ Compensation:
- Arizona Industrial Commission: (602) 542-4661
Unemployment Benefits:
- Arizona Department of Economic Security: (877) 600-2722
Remote Work in Arizona
7.1 Legal Framework
Arizona does not have specific laws governing remote work arrangements. Remote work is primarily governed by:
- Employment contracts and company policies
- General employment laws (wage/hour, discrimination, safety)
- Federal telecommuting guidance
- Workers’ compensation considerations
7.2 Key Legal Considerations
Wage and Hour Compliance:
Remote employees are entitled to:
- Minimum wage ($15.15/hour in Arizona for 2026)
- Overtime pay for hours over 40 per week
- Regular pay periods
- Earned paid sick time accrual
Employers must:
- Track all hours worked (including remote hours)
- Pay for all time worked, including off-the-clock work
- Reimburse necessary expenses (per company policy)
Discrimination Protections:
Remote workers have the same anti-discrimination protections as on-site workers:
- Cannot be denied remote work based on protected characteristic
- Entitled to reasonable accommodations
- Protected from harassment (including virtual harassment)
Disability Accommodations:
According to EEOC guidance:
Remote work may be a reasonable accommodation for qualified individuals with disabilities when:
- Job duties can be performed remotely
- Remote work does not cause undue hardship
- Remote work is effective accommodation
Source: EEOC Guidance on Reasonable Accommodation and Telework
Available at: https://www.eeoc.gov/laws/guidance/work-home-employees-disabilities
7.3 Right to Request Remote Work
Arizona does not have a statutory right to request flexible working arrangements.
Unlike some jurisdictions, Arizona has not enacted legislation giving employees the right to request remote work.
However:
- Employers may have policies allowing requests
- Remote work may be required as reasonable accommodation
- Collective bargaining agreements may address remote work
7.4 Return-to-Office (RTO) Mandates
Employers generally have the right to require employees to return to on-site work, subject to:
Contractual Obligations:
- Employment contracts promising remote work
- Collective bargaining agreement provisions
Accommodation Obligations:
- Must consider remote work as accommodation if requested
- Must engage in interactive process
- Cannot deny accommodation without undue hardship analysis
Discrimination Concerns:
- RTO mandates must be applied consistently
- Cannot target protected classes
- Consider disparate impact
7.5 For More Information
For comprehensive information about remote work laws, including multi-state considerations, see dedicated Remote Work guidance resources.
2026 Updates and Recent Changes
8.1 Minimum Wage Increase (Effective January 1, 2026)
Major Change: Arizona’s minimum wage increased from $14.70 to $15.15 per hour.
Source: Arizona Industrial Commission Notice, published October 2, 2025
Official announcement: https://www.azica.gov/sites/default/files/2025-10/2026%20Minimum%20Wage.pdf
Effective date: January 1, 2026
What Employers Must Do:
- Update payroll systems by January 1, 2026
- Post new minimum wage poster
- Adjust tipped employee base wage to $12.15/hour
- Review exempt employee salaries for FLSA compliance
Municipal Wage Updates:
- Flagstaff: $18.35/hour (January 1, 2026)
- Tucson: $15.45/hour (January 1, 2026)
8.2 Pregnancy Accommodation Clarifications
The 2021 amendments to Arizona Revised Statutes § 23-206 continue to apply, requiring reasonable accommodations for pregnancy-related conditions.
Current Requirements:
- Employers must provide reasonable accommodations for pregnancy
- Accommodations required with advice of healthcare provider
- Undue hardship defense available
Recent Enforcement:
Arizona Attorney General’s Office and EEOC continue active enforcement of pregnancy discrimination and accommodation requirements.
8.3 Earned Paid Sick Time Implementation
Arizona’s earned paid sick time law (effective July 1, 2017) continues with robust enforcement.
Recent Developments:
- Increased complaints regarding sick time violations
- Enhanced enforcement by Industrial Commission
- Clarification that 90-day waiting period is optional
- Emphasis on proper documentation on pay statements
8.4 Pending Legislation (2026 Legislative Session)
The 57th Arizona Legislature, Second Regular Session convenes in January 2026.
Bills to Watch:
- Proposals affecting employment law may be introduced
- Check Arizona Legislature website for current bills
- Monitor labor law committee hearings
How to Track Legislation:
Arizona State Legislature:
Website: https://www.azleg.gov
Bill tracking: https://www.azleg.gov/bills/
8.5 Federal Law Updates
Federal developments affecting Arizona employers:
Department of Labor:
- Overtime rule updates (check current status)
- FLSA exemption threshold changes
- Independent contractor classification guidance
EEOC:
- Updated harassment guidance
- Pregnant Workers Fairness Act enforcement (2023 federal law)
- AI and hiring discrimination guidance
NLRB:
- Joint employer standards
- Independent contractor tests
- Protected concerted activity interpretations
8.6 How to Stay Updated
State Resources:
Arizona Industrial Commission:
Website: https://www.azica.gov
Subscribe to updates: https://www.azica.gov/subscribe
Arizona Attorney General:
Website: https://www.azag.gov
Civil Rights Division updates: https://www.azag.gov/civil-rights
Federal Resources:
U.S. Department of Labor:
Website: https://www.dol.gov
Email updates: https://www.dol.gov/general/easl
EEOC:
Website: https://www.eeoc.gov
Subscribe: https://public.govdelivery.com/accounts/USEEOC/subscriber/new
8.7 Quarterly Review Schedule
This guide is reviewed quarterly in 2026 with major updates as needed:
- Q1 2026: January-March
- Q2 2026: April-June
- Q3 2026: July-September
- Q4 2026: October-December
Annual comprehensive updates beginning 2027.
Resources
10.1 State Government Agencies
Industrial Commission of Arizona
Labor Department
800 W. Washington Street
Phoenix, AZ 85007
Phone: (602) 542-4661
Toll-free: 1-800-251-6970
Website: https://www.azica.gov
Handles: Wage claims, earned paid sick time, workplace safety, workers’ compensation
Arizona Attorney General’s Office
Civil Rights Division
2005 N. Central Avenue
Phoenix, AZ 85004
Phone: (602) 542-5263
Website: https://www.azag.gov/civil-rights
Handles: Employment discrimination, harassment, retaliation
Arizona Department of Economic Security
Unemployment Insurance Administration
Phone: (877) 600-2722
Website: https://des.az.gov/unemployment
Handles: Unemployment insurance benefits, new hire reporting
Arizona State Legislature
Website: https://www.azleg.gov
Bill tracking: https://www.azleg.gov/bills/
Arizona Revised Statutes: https://www.azleg.gov/arstitle/
Purpose: Access to laws, pending legislation, committee information
10.2 Federal Government Agencies
Equal Employment Opportunity Commission (EEOC)
Phoenix District Office
3300 N. Central Avenue, Suite 690
Phoenix, AZ 85012
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov
Handles: Federal discrimination claims, harassment, retaliation
U.S. Department of Labor
Wage and Hour Division
Phone: 1-866-487-9243
Website: https://www.dol.gov/agencies/whd
Handles: FLSA violations, FMLA violations, federal wage issues
Occupational Safety and Health Administration (OSHA)
Phoenix Area Office
1835 Black Canyon Highway, Suite 300
Phoenix, AZ 85009
Phone: (602) 542-5795
Website: https://www.osha.gov
Handles: Workplace safety complaints, OSHA violations
U.S. Citizenship and Immigration Services (USCIS)
Phoenix Field Office
Phone: 1-800-375-5283
Website: https://www.uscis.gov
E-Verify: https://www.e-verify.gov
Purpose: Form I-9 guidance, E-Verify registration, immigration employment verification
National Labor Relations Board (NLRB)
Phoenix Resident Office
2600 N. Central Avenue, Suite 1800
Phoenix, AZ 85004
Phone: (602) 640-2160
Website: https://www.nlrb.gov
Handles: Union organizing, unfair labor practices, collective bargaining disputes
10.3 Legal Assistance Resources
State Bar of Arizona
Lawyer Referral Service
4201 N. 24th Street, Suite 200
Phoenix, AZ 85016
Phone: (602) 252-4804
Website: https://www.azbar.org/findalawyerreferral
Purpose: Attorney referrals for employment law matters
Community Legal Services
Phoenix Office
305 S. 2nd Avenue
Phoenix, AZ 85003
Phone: (602) 258-3434
Website: https://clsaz.org
Purpose: Free legal services for low-income individuals (income eligibility required)
Southern Arizona Legal Aid
Tucson Office
2343 E. Broadway Boulevard
Tucson, AZ 85719
Phone: (520) 623-9465
Website: https://sazlegalaid.org
Purpose: Free legal services in southern Arizona (income eligibility required)
DNA – People’s Legal Services
Flagstaff Office
222 E. Birch Avenue
Flagstaff, AZ 86001
Phone: (928) 774-9313
Website: https://www.dnalegalservices.org
Purpose: Free legal services in northern Arizona (serves Native American communities)
10.4 Additional Resources
U.S. Equal Employment Opportunity Commission
Publications: https://www.eeoc.gov/publications
Purpose: Free guidance documents on discrimination, harassment, accommodation
U.S. Department of Labor
Publications: https://www.dol.gov/general/topics
Purpose: Fact sheets and guidance on wage/hour, FMLA, safety
10.5 Updates and Monitoring
For Latest Employment Law Developments:
Subscribe to agency email updates:
- Industrial Commission: https://www.azica.gov/subscribe
- AG Civil Rights: https://www.azag.gov
- EEOC: https://public.govdelivery.com/accounts/USEEOC/subscriber/new
- DOL: https://www.dol.gov/general/easl
Legislative Tracking:
- Arizona Legislature: https://www.azleg.gov/bills/
- Set up bill tracking alerts for employment-related bills
Professional Organizations:
- Arizona Chamber of Commerce (for employer updates)
- Local bar associations for legal developments
Frequently Asked Questions - Arizona Employment Law
1. What is employment law in Arizona?
Employment law in Arizona encompasses state and federal regulations governing the employer-employee relationship. It includes wage and hour requirements, anti-discrimination protections, workplace safety standards, workers’ compensation, and other employment-related matters. Arizona employment law combines state-specific provisions (like the $15.15 minimum wage and earned paid sick time) with federal protections under laws like the Fair Labor Standards Act and Title VII of the Civil Rights Act.
2. What is the difference between labor law and employment law in Arizona?
Employment law is the broader framework governing individual employer-employee relationships in all workplaces (unionized and non-unionized). It covers wages, discrimination, safety, and benefits. Labor law is a subset that specifically governs relationships between employers, employees, and labor unions, covering collective bargaining, union organizing, and labor-management relations. In Arizona, most workplaces operate under employment law without union involvement, though both frameworks can apply in unionized settings.
3. Is Arizona an at-will employment state?
Yes, Arizona is an at-will employment state. According to Arizona Revised Statutes § 23-1501, employment relationships are presumed to be at-will unless there is a specific contractual agreement stating otherwise. This means either the employer or employee can terminate the employment relationship at any time, for any lawful reason or no reason, with or without notice. However, important exceptions exist for public policy violations, implied contracts, and statutory protections against discrimination and retaliation.
4. What is Arizona’s minimum wage in 2026?
Arizona’s minimum wage is $15.15 per hour effective January 1, 2026. This represents a $0.45 increase from the 2025 rate of $14.70. The minimum wage increases annually based on the Consumer Price Index. Some Arizona cities have higher minimum wages: Flagstaff ($18.35/hour) and Tucson ($15.45/hour). Tipped employees may be paid $12.15/hour in cash wages if tips bring total compensation to at least $15.15/hour.
Source: Arizona Revised Statutes § 23-363 and Industrial Commission of Arizona
Official notice: https://www.azica.gov/sites/default/files/2025-10/2026%20Minimum%20Wage.pdf
5. Does Arizona require overtime pay?
Yes, Arizona follows federal overtime law under the Fair Labor Standards Act. Employees must receive overtime pay at 1.5 times their regular rate for hours worked over 40 in a workweek. Unlike some states like California, Arizona does not require daily overtime. Certain employees are exempt from overtime under federal law, including executive, administrative, professional, outside sales, and certain computer employees who meet specific salary and duties tests.
6. Are meal and rest breaks required in Arizona?
No, Arizona does not have state laws requiring meal or rest breaks for adult employees. Federal law also does not mandate breaks. However, if employers choose to provide short breaks (typically 5-20 minutes), federal law considers them compensable work time. Longer meal breaks (typically 30 minutes or more) may be unpaid if the employee is completely relieved from duty. Many employers voluntarily provide breaks, and some employment contracts or collective bargaining agreements may require them.
7. What are my rights as an employee in Arizona?
As an Arizona employee, you have the right to: receive at least minimum wage ($15.15/hour in 2026) and overtime pay; accrue and use earned paid sick time; work free from discrimination and harassment based on protected characteristics; request reasonable accommodations for disabilities, pregnancy, and religious beliefs; file complaints about violations without retaliation; receive timely final paychecks upon termination; work in a safe environment meeting OSHA standards; and receive workers’ compensation for work-related injuries. You are also protected from retaliation for exercising these rights.
8. Can my employer fire me for any reason in Arizona?
Generally yes, because Arizona is an at-will state. However, termination cannot be for illegal reasons. Your employer cannot fire you for: discriminatory reasons based on protected characteristics (race, sex, age, disability, religion, etc.); retaliation for exercising legal rights (filing complaints, requesting accommodations, reporting illegal conduct); violating public policy (such as firing for jury duty or refusing to commit illegal acts); or violating employment contract terms. If you believe you were wrongfully terminated, consult an employment attorney or contact the appropriate enforcement agency.
9. How do I file a discrimination complaint in Arizona?
To file a discrimination complaint: Contact the Arizona Civil Rights Division at (602) 542-5263 or file online at https://www.azag.gov/complaints/civil-rights within 180 days of the discriminatory act. You can also file with the EEOC at 1-800-669-4000 within 300 days. When both agencies have jurisdiction, your complaint may be dual-filed automatically. Include your contact information, employer details, description of discrimination, dates, witnesses, and supporting documentation. The agency will investigate and attempt conciliation if discrimination is found.
10. Can I request remote work as a reasonable accommodation in Arizona?
Possibly. According to EEOC guidance, remote work may be a reasonable accommodation for qualified individuals with disabilities if: the job duties can be performed remotely, remote work does not cause undue hardship, and remote work effectively accommodates the disability. Your employer must engage in an interactive process to discuss the accommodation request. While remote work must be considered, employers can deny it if they can show undue hardship or if another effective accommodation exists. Arizona does not have a general right to request flexible work for non-disability reasons.
11. What are employer obligations in Arizona?
Arizona employers must: pay at least minimum wage ($15.15/hour in 2026) and overtime; provide earned paid sick time; comply with anti-discrimination laws; provide reasonable accommodations; maintain workplace safety standards; verify employment eligibility through E-Verify; complete Form I-9 for all employees; report new hires within 20 days; display required federal and state workplace posters; maintain accurate payroll records; pay wages on regular paydays; provide final paychecks within required timeframes; carry workers’ compensation insurance (if required); and refrain from retaliation against employees exercising their rights.
12. What workplace posters are required in Arizona?
Arizona employers must post: federal FLSA minimum wage poster, EEO “EEO is the Law” poster, OSHA safety poster, FMLA poster (50+ employees), Employee Polygraph Protection Act poster, Arizona minimum wage poster, Earned Paid Sick Time notice, workers’ compensation notice, and unemployment insurance notice. Posters must be displayed in conspicuous locations where employees can easily see them. All required posters are available for free download from the respective agency websites. Failure to post required notices can result in fines and may affect legal defenses.
13. How long must employers keep employment records in Arizona?
Arizona requires employers to maintain wage and hour records for 4 years. Federal law requires: FLSA records (3 years), payroll records (3 years), time cards (2 years), Form I-9 (3 years after hire or 1 year after separation, whichever is later), personnel records (varies), medical records for ADA purposes (duration of employment plus 1 year), and FMLA records (3 years). Employers subject to both state and federal requirements must comply with the longer retention period of 4 years.
Source: Arizona Revised Statutes § 23-721 and federal regulations
14. Does Arizona require paid sick leave?
Yes, Arizona requires earned paid sick time under the Fair Wages and Healthy Families Act. Employees accrue 1 hour of paid sick time for every 30 hours worked. Employers with 15 or more employees must allow accrual and use of up to 40 hours per year. Employers with fewer than 15 employees must allow up to 24 hours per year. Sick time can be used for the employee’s or family member’s illness, medical care, or absences related to domestic violence. Employers may impose a 90-day waiting period before new hires can use accrued sick time.
Source: Arizona Revised Statutes §§ 23-371 through 23-381
15. What remote work protections exist in Arizona?
Arizona does not have specific remote work laws. Remote workers have the same protections as on-site employees: minimum wage and overtime requirements, earned paid sick time, anti-discrimination protections, and reasonable accommodation rights. Remote work may be required as a reasonable accommodation for disabilities. However, Arizona does not have a statutory right to request flexible work arrangements. Employers generally can require return to office, subject to contractual obligations and accommodation requirements. Remote work arrangements are primarily governed by employment contracts and company policies.