Arizona

A. There shall be an industrial commission of Arizona. B. The commission shall be composed of five members appointed by the governor pursuant to section 38-211. Each member shall be appointed for...


The salaries of members of the commission shall be paid by the administrative fund. ...


A majority of the commission shall constitute a quorum to transact business. When a vacancy occurs in the commission, the remaining commissioners may exercise all the powers of the commission...


A. The commission shall have an official seal for the authentication of its orders and proceedings. Upon the seal shall be engraved the words, industrial commission of Arizona and such other...


A. The commission shall maintain its principal offices at the state capitol, but may maintain offices and hold meetings in any place within the state. B. The commission offices shall be open for...


A. The commission has full power, jurisdiction and authority to: 1. Formulate and adopt rules and regulations for effecting the purposes of this article. 2. Administer and enforce all laws...


A. The commission shall employ a director. The director may employ such personnel as deemed necessary by the provisions of chapters 1, 2 and 6 and article 2 of chapter 3 of this title. B. The...


The director, under the supervision of the commission, shall administer the policies, powers and duties of the commission as prescribed by chapters 1, 2 and 6 and article 2 of chapter 3 of this...


A. The commission shall appoint administrative law judges of the commission who shall be members of the Arizona state bar and who are subject to the state personnel board. B. The annual...


A. The industrial commission shall be responsible for determining the policy of the commission. B. Any powers and duties prescribed by law to the commission in chapters 1, 2 and 6 and article 2 of...


A. The director of the industrial commission shall employ an ombudsman to assist recipients of workers' compensation benefits. B. The ombudsman shall not provide legal advice but may provide...


It is unlawful for a person charged or entrusted by another with the employment or continuance in employment of any workmen or laborers to demand or receive, either directly or indirectly, from a...


A person who knowingly compels, or in any manner seeks to coerce any employee or any person to purchase goods or supplies from any particular person is guilty of a class 2 misdemeanor. ...


A. Unless a variance is granted pursuant to section 23-241, a person shall not employ or allow a person under the age of eighteen years to work in, about or in connection with: 1. An...


A. In addition to the prohibited employments under section 23-231, unless a variance is granted pursuant to section 23-241, a person shall not employ or allow a person under the age of sixteen...


A. Employment of persons under the age of sixteen shall be confined to: 1. Not more than forty hours in any one week when the person is not enrolled in a session of school or when school is not...


No child under the age of ten years shall sell, expose for sale or otherwise offer for sale newspapers, magazines or periodicals in any street or public place. ...


A. The provisions of sections 23-231, 23-232 and 23-233 shall not apply to persons: 1. Employed by a grandparent, brother, sister, aunt, uncle, first cousin, stepparent or parent, including a...


A. A cease and desist order issued by the commission shall become final upon the expiration of the time during which a request for a hearing may be made pursuant to section 23-236 unless the...


Upon the failure or refusal of a person to comply with a cease and desist order of the commission, the commission may file an action in the superior court of the county where the alleged violation...


Any person who violates any provision of this article is guilty of a class 2 misdemeanor. ...


A. A person who desires a variation from this article or a modification or renewal of a variation granted under this section shall file a written application with the director of the department of...


No provision of this article alters or excuses noncompliance with any applicable federal statute or regulation relating to the employment of child labor. If both federal law and the provisions of...


No railroad employer of two hundred fifty or more persons may operate business on other than the time as prescribed in section 1-242. ...


A. Employment in mining activities in underground mines and underground workings is declared injurious to health and dangerous to life and limb of those employed therein. B. The period of...


A company operating a railroad in whole or in part within the state which requires a conductor, engineer, fireman, brakeman, telegraph operator or any employee who has worked in his respective...


In this article, unless the context otherwise requires: 1. Commission means the industrial commission of Arizona. 2. Directory order means a temporary order which becomes mandatory as...


The commission or any authorized representative may: 1. Investigate and ascertain the wages of minors employed in any occupation. 2. Enter the place of business or employment of any employer...


The commission, on the petition of twenty or more residents of the state engaged in any particular occupation, shall cause an investigation to be made of the wages being paid to minors in that...


A. A wage board shall be composed of three representatives of the employees in any occupation, trade or industry and an equal number of representatives chosen from among the employers in the...


A wage board may differentiate and classify employment in any occupation according to the nature of the service rendered and recommend appropriate minimum fair wage rates for different...


In establishing a minimum fair wage for any service or class of service under this article, the commission, or the wage board, without being bound by any technical rules of evidence or procedure,...


A wage board may recommend a suitable scale of wage rates for learners and apprentices in any occupation. The scale of learners' and apprentices' wage rates may be less than the regular minimum...


A. The chairman of a wage board may administer oaths and require by subpoena the attendance and testimony of witnesses, the production of all books, records, and other evidence relative to matters...


Upon fixing the time and place for holding a hearing for considering wage matters referred to in this article, and at least fourteen days before the date of the hearing, the commission shall give...


The commission shall present to a wage board promptly upon its organization all the evidence and information in its possession relating to wages of minors working in occupations over which the...


A. Within ten days after its organization a wage board shall submit a report which shall include its recommendations of minimum fair wage standards for minors in the occupations the wage board was...


A. If the report of a wage board is approved, the commission shall make and publish a directory order which shall define minimum fair rates in the occupation or occupations as recommended in the...


At any time after a minimum fair wage order has been in effect for one year or more, the commission may on its own motion, and shall, on petition of twenty or more residents of the state engaged...


A. All questions of fact arising under this article, except as otherwise provided, shall be decided by the commission, but there shall be the right of appeal from the decision of the commission on...


In an occupation for which minimum fair wage rates have been established, the commission may issue to a minor, including a learner or apprentice, whose earning capacity is impaired by age,...


If a minor is paid less than the minimum fair wage to which such minor is entitled under a mandatory minimum fair wage order, such minor may recover in a civil action an amount which is treble the...


It is contrary to public policy for an employer to employ a minor in an occupation at an oppressive and unreasonable wage as defined by section 23-311, and any contract, agreement or understanding...


A. An employer or his agent, or the officer or agent of a corporation, who knowingly discharges, or in any other manner discriminates against an employee, because the employee has served, or is...


In this article, unless the context otherwise requires: 1. Commission means the industrial commission of Arizona. 2. Employee means every woman or man in receipt of or entitled to...


A. Notwithstanding the other provisions of this chapter, no employer shall pay any person in his employ at wage rates less than the rates paid to employees of the opposite sex in the same...


In this article, unless the context otherwise requires: 1. Department means the labor department of the industrial commission of Arizona. 2. Employee means any person who performs...


A. Each employer in this state shall designate two or more days in each month, not more than sixteen days apart, as fixed paydays for payment of wages to the employees. B. Notwithstanding the...


No employer may withhold or divert any portion of an employee's wages unless one of the following applies: 1. The employer is required or empowered to do so by state or federal law. 2. The...


A. When an employee is discharged from the service of an employer, he shall be paid wages due him within three working days or the end of the next regular pay period, whichever is sooner. B. When...


A. In assignments of property for benefit of creditors or in proceedings in insolvency, the wages of salesmen, clerks or laborers employed by the debtor or insolvent, to the amount of two hundred...


A. Instead of proceeding under section 23-355, an employee may file a written claim with the department for unpaid wages against an employer if the amount of such wages does not exceed two...


A. The department shall investigate wage claims timely filed under section 23-356 to determine if wages are due or if a dispute exists between the parties to the claim. B. Upon completion of its...


A. A party aggrieved by a determination under section 23-357 may seek review pursuant to title 12, chapter 7, article 6. B. If the department's determination finds that there is a dispute which...


Unless review is sought pursuant to section 23-358, the department's determination shall be final upon the expiration of the time for seeking review. A final determination by the department shall...


An employer who has been ordered by the department pursuant to section 23-357 or a court to pay wages due an employee and who fails to do so within ten days after the order becomes final is liable...


The commission may adopt such rules and regulations as necessary for the purpose of administering and enforcing this article. ...


A. The legislature declares that the establishment of a uniform minimum wage is a matter of statewide concern. B. No political subdivision of this state may establish, mandate or otherwise require...


A. Subject to availability of appropriated funds, an employee of the state or any political subdivision, serving in a position determined by the law enforcement merit system council, the director...


A. Any person engaged in law enforcement activities shall be compensated for each hour worked in excess of forty hours in one work week at the option of such employer at the following rates: 1....


In this article, unless the context otherwise requires: 1. Board means a review board established pursuant to section 23-422. 2. Commission means the industrial commission of Arizona....


Nothing in this article shall apply to working conditions of employees with respect to which any state agency acting under section 274(b) of the atomic energy act of 1954, as amended, or under...


Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this article which are applicable to his own actions and conduct. ...


The commission shall: 1. Administer the provisions of this article through the division of occupational safety and health. 2. Appoint the director of the division of occupational safety and...


A. There shall be a division of occupational safety and health within the industrial commission. B. The director of the division of occupational safety and health shall be the administrative head...


The division on behalf of the commission shall: 1. Recommend all standards, rules or changes thereto, pursuant to section 23-410, to the commission for its approval or disapproval. 2. Have...


A. The director of the division of occupational safety and health, or his authorized representative, upon presentation of credentials, shall be permitted to inspect places of employment, question...


A. Safety and health standards and rules shall be formulated in the following manner: 1. The division shall either propose adoption of national consensus standards or federal standards or draft...


A. Any employer may apply to the commission for a temporary order granting a variance from a standard or regulation or any provision thereof promulgated under this article. B. Such temporary order...


Any affected employer may apply to the commission for a rule or order for a variance from a standard or regulation promulgated under this article. Affected employees shall be given notice of each...


Any interested party adversely affected by a rule or order issued under sections 23-411 or 23-412 may appeal in accordance with the procedures established in sections 23-945 and 23-946. ...


A. The commission may provide for emergency temporary standards or regulations to take immediate effect upon filing with the secretary of state, if it determines that employees are exposed to...


The division may issue an advisory notice setting forth de minimis violations of standards and regulations which shall carry no penalty, unless the employer wilfully and repeatedly violates such...


A. If the director, following an inspection or investigation, issues a citation pursuant to section 23-415 he shall, within a reasonable time after termination of the inspection or investigation,...


A. Any employer who wilfully or repeatedly violates the requirements of section 23-403 or any standard or regulation adopted pursuant to section 23-410 or 23-414 or any provision of this article...


A. An additional penalty of twenty-five thousand dollars shall be assessed by the commission against an employer who is assessed a penalty under section 23-418, subsection A, for each employee...


A. The superior court has jurisdiction upon filing of a verified complaint by the commission to restrain any conditions or practices in any place of employment which are such that a danger exists...


A. Upon the conclusion of any hearing, or prior thereto with concurrence of the parties, the administrative law judge shall promptly and not later than thirty days after the matter is submitted...


A. A review board shall be established to hear and rule on appeals of administrative law judge decisions generated in this article. The board shall consist of five members appointed by the...


A. A request for review to the review board shall be filed with the commission within fifteen days from the date the decision was mailed to the parties and copies of the request shall be mailed to...


A. No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or...


All information reported to or likewise obtained by the commission or its representatives in connection with any inspection or investigation under this article which contains or which might reveal...


Notwithstanding the provisions of section 32-261, any affected employee or employer may designate any person or persons to represent him for the purpose of proceedings before any administrative...


A. Nothing in this article shall prevent any county, city or other political subdivision of the state or any court from asserting jurisdiction over any occupational safety or health issue with...


The commission may establish requirements and standards of competency for individuals involved in inspecting, constructing, relocating, altering, dismantling, maintaining or repairing elevators,...


The commission may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage paid witnesses in courts of this...


A. The division shall develop a consulting program utilizing visits to the workplace of employers to provide consultation and advice to such employers. Such visits: 1. May be conducted only...


In this article, unless the context otherwise requires: 1. Authorized representative means the boiler chief and boiler inspector employed by the division. 2. Certificate means a...


The division shall administer the provisions of this article. ...


Every owner or operator of any boiler or lined hot water storage heater shall: 1. Furnish, maintain and provide safe and adequate boilers or lined hot water storage heaters. 2. Comply with...


The commission shall: 1. Administer the provisions of this article through the division of occupational safety and health. 2. Establish a boiler advisory board to assist the commission in...


The division shall: 1. Inspect boilers and lined hot water storage heaters pursuant to this article. 2. Recommend standards, regulations and amendments to such standards and regulations to...


A. Safety standards and regulations shall be formulated in the following manner: 1. The division shall either propose adoption of national consensus standards or federal standards or draft such...


A. Any person may make a request for an investigation by the division into alleged violations of section 23-473 by giving notice to the director or the director's authorized representative of such...


A. If the division, following an inspection or investigation determines that there is reasonable cause to believe that there exists a violation of a standard or regulation the division shall issue...


A. Any interested party may request a hearing before the commission to contest the notice of violation issued pursuant to this article. B. A request for hearing shall be made in writing, signed by...


A. Upon the conclusion of any hearing, or prior to the conclusion with concurrence of the parties, the administrative law judge shall, not later than thirty days after the matter is submitted for...


A. The commission shall, upon application of any employer, grant such time as reasonably necessary for compliance with an order. A person may petition the commission for an extension of time to...


A. Any party affected by a decision of the commission or by a decision upon review pursuant to section 23-481 may apply to the court of appeals by a petition for special action to review the...


Nothing contained in this article shall in any way impair the authority or responsibility of political subdivisions of this state with regard to the local enforcement of licensing, safety or...


A. The division, upon the request of any company authorized to insure against loss from explosion of boilers or lined hot water storage heaters in this state, may issue to any inspector of that...


This article shall apply to any political subdivisions of this state except those political subdivisions having boiler inspection regulations equal to those of this state at the time this article...


A. The division may enter into agreements to provide inspection services during the manufacture, assembly, erection, or repair of boilers, lined hot water storage heaters or any appurtenant...


The division shall administer the provisions of this article. ...


Every owner and operator of a conveyance shall: 1. Construct, furnish, maintain and provide safe and adequate devices with which to safely and properly convey or move all persons and material...


Existing conveyances lawfully installed prior to the effective date of this article may continue in use if the use is, in the opinion of the director, not a hazard to life, health or property. ...


A. The commission shall: 1. Administer the provisions of this article through the division of occupational safety and health. 2. Establish an elevator advisory board to assist the commission...


The division shall: 1. Inspect conveyances annually and may do so at other times when deemed necessary or appropriate by the division. 2. Recommend to the commission for approval or...


A. Safety standards and regulations shall be formulated in the following manner: 1. The division shall either propose adoption of national consensus standards or federal standards or draft such...


A. Any person may make a request for an investigation by the division into alleged violations of section 23-491.02 by giving notice to the director or the director's authorized representative of...


A. Any interested party may request a hearing before the commission to contest any correction order issued pursuant to this article. B. A request for hearing shall be made in writing, signed by or...


A. Upon the conclusion of any hearing, or prior to the conclusion with concurrence of the parties, the administrative law judge shall, not later than thirty days after the matter is submitted for...


A. The request for review of an administrative law judge decision need only state that the party requests a review of the decision. The request may be accompanied by a memorandum of points and...


A. Any party affected by a decision of the commission or by a decision upon review pursuant to section 23-491.12 may apply to the court of appeals by a petition for special action to review the...


Nothing contained in this article shall in any way impair the authority or responsibility of political subdivisions of this state with regard to the local enforcement or licensing, safety or...


In this article, unless the context otherwise requires: 1. Alcohol means ethanol, isopropanol or methanol. 2. Drugs means any substance considered unlawful under the schedules of the...


A. In order to test reliably for the presence of drugs, an employer may require samples from its employees and prospective employees and may require presentation of reliable individual...


Regarding the timing and cost of drug tests and alcohol impairment tests, and in order for an employer to qualify for the benefits of this article: 1. Any drug testing or alcohol impairment...


No cause of action is or may be established for any person against an employer who has established a policy and initiated a testing program in accordance with this article for any of the...


A. No cause of action is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article,...


Nothing in this article shall be construed to infringe on, contradict, preempt or otherwise conflict with the valid provisions of any collective bargaining agreement or to otherwise abridge or...


An employer who is obligated by state or federal requirements to have a drug testing or alcohol impairment testing policy or program shall receive the full benefits of this article, even if that...


In this article, unless the context otherwise requires: 1. Department means the department of economic security. 2. Director means the director of the department. 3. Disabled person...


The department shall cooperate in carrying out the purposes of federal statutes pertaining to vocational rehabilitation. The division may adopt methods of administration found by the federal...


A. Vocational rehabilitation service shall be provided to a disabled person, resident in the state, whose vocational rehabilitation in the judgment of the director after investigation can...


A. The state treasurer shall be the custodian of monies received from the federal government for the purpose of carrying out any federal law relating to vocational rehabilitation, and shall...


A. Employment agent means all persons, firms, corporations or associations which for a fee, commission or charge that is collected from persons seeking employment either: 1. Furnish to...


The industrial commission shall supervise employment agents to the extent necessary to enforce and administer adequately all laws and lawful orders designed to prevent fraud, misrepresentation,...


A. There shall be an Arizona employment advisory council. B. The council shall be composed of seven members appointed by the industrial commission. Each member of the council shall be a citizen of...


The council shall: 1. Inquire into the needs of the employment agency industry, and make such recommendations as may be deemed important and necessary for the welfare of the state, public...


The commission shall: 1. Fix and order reasonable rules promulgated by the advisory council and approved by the commission for the conduct of the business of employment agents necessary to...


A. A commissioner or deputy of the commission may at any reasonable time enter the place of business of an employment agent for the purpose of examining the records or registers kept by the...


A. The clerk of every city and town in which there is no public employment office or employment agency licensed under the provisions of this article may solicit, receive and record applications of...


A. A person, firm, corporation or association desiring a license as employment agent shall make application for a license to the industrial commission, and shall accompany the application with a...


A. Each license shall be valid for one year from the date of issue and may be renewed annually for a like period of time. The commission shall give the licensee forty-five days' prior written...


A. The industrial commission may take disciplinary action against a licensee charged with the commission of any of the following acts: 1. Fraud or misrepresentation in the application or...


A. Every applicant for a license shall file with the commission, within a time fixed by the commission, a schedule of the fees or charges made by the employment agent to applicants for employment...


A. Every licensee conducting an employment agency shall give every applicant for employment from whom a fee is received, a receipt which shall state the name and address of the employment agent,...


A. No employment agent, or agent thereof, shall send an applicant out for employment without having a bona fide order from the prospective employer to do so. B. If an applicant is sent out and...


Every employment agent shall reasonably assure himself that any representations whatever, whether spoken, written or advertised in printed form, which he makes with regard to any employment, work...


A. No person, firm, association, corporation or any employee or agent thereof, shall knowingly make a false statement to any person furnishing or seeking employment regarding any employment, work...


No employment agent or employee or agent thereof shall divide or offer to divide, or share directly or indirectly, a fee, charge or compensation received from an applicant for employment with an...


A person, firm, association or corporation who acts as an employment agent without a license as provided in this article is guilty of a class 6 felony. ...


In this article, unless the context otherwise requires: 1. Day labor means labor or employment that is under a contract between a day labor service agency and a third party employer, that is...


This article does not apply to: 1. Business entities registered as farm labor contractors. 2. Temporary help services engaged in supplying white-collar employees, secretarial employees,...


As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the...


The definitions of words and phrases set forth in this article shall apply throughout this chapter unless the context otherwise requires. ...


A. Agricultural labor means and includes all service performed prior to January 1, 1972, which was agricultural labor as defined in this section prior to such date, and remunerated service...


American employer means a person who is an individual who is a resident of the United States; a partnership, if two-thirds or more of the partners are residents of the United States; a trust if...


A. Annual payroll means the total amount of wages for employment paid by an employer during a twelve-month period ending on June 30 of any calendar year. B. In computing an employer's...


Base-period wages means the wages paid to an individual during his base period for insured work. ...


Benefits means the money payments payable to an individual as provided in this chapter, with respect to his unemployment. ...


Benefit year with respect to an individual means the one-year period beginning with the first day of the first week of unemployment with respect to which the individual first files a claim in...


Calendar quarter means the period of three consecutive calendar months ending on March 31, June 30, September 30 or December 31, or the equivalent thereof as the commission may by regulation...


Commission or employment security commission or department means the department of economic security. ...


Contributions means the money payments required by this chapter to be made into the state unemployment compensation fund by an employing unit on account of having individuals in its employ. ...


A. Crew leader means an individual who does all of the following: 1. Furnishes individuals to perform agricultural labor for any other person or employing unit. 2. Pays (either on his...


A. Employing unit means an individual or type of organization, including a partnership, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or...


A. Notwithstanding any provisions of law to the contrary except for subsection B of this section, for the purposes of this chapter, employment, as defined in section 23-615, paragraph 6 shall...


Employment office means a free public employment office or branch thereof operated by this or any other state as a part of a state-controlled system of public employment offices, or by a federal...


Hospital means an institution which has been licensed, certified, or approved by the Arizona state department of health as a hospital. ...


A. Institution of higher education means an educational institution which: 1. Admits as regular students only individuals having a certificate of graduation from a high school or the...


Insured work means employment for employers. ...


A. Misconduct connected with the employment means any act or omission by an employee which constitutes a material or substantial breach of the employee's duties or obligations pursuant to the...


State includes, in addition to the states of the United States, the District of Columbia, and the Commonwealth of Puerto Rico and the Virgin Islands. ...


An individual shall be deemed unemployed with respect to any week during which the individual performs no services and with respect to which no wages are payable to the individual, or with...


United States includes, in addition to the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. ...


Week means such period of seven consecutive days as the commission may by regulation prescribe. ...


Plan maintained by an employer shall not include any plan to which the employer does not contribute funds. ...


Levy includes the power of distraint and seizure by any means. ...


Internal revenue code means the United States internal revenue code of 1986, as amended. ...


Eligibility period of an individual means the period consisting of the weeks in his benefit year under this chapter which begin in an extended benefit period; and if his benefit year ends within...


A. Exhaustee means an individual who, with respect to any week of unemployment in his eligibility period: 1. Has received prior to such week, all of the regular benefits that were available...


A. Extended benefit period means a period which: 1. Begins with the third week after a week for which there is an Arizona on indicator; and 2. Ends with either of the following weeks,...


Extended benefits means benefits, including benefits payable to federal civilian employees and to ex-servicemen pursuant to

Rate of insured unemployment for purposes of section 23-630 means the percentage derived by dividing: 1. The average weekly number of individuals filing claims for regular benefits in this...


Regular benefits means benefits payable to an individual under this chapter or under any other state or federal unemployment compensation law other than extended benefits and shared work...


State law means the unemployment insurance law of any state, approved by the United States secretary of labor under section 3304 of the internal revenue code. ...


A. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the department finds that with respect to such week:...


A. Notwithstanding section 23-776, an individual who is found by the department, with respect to any week in an eligibility period which begins from and after April 4, 1981, to have failed to...


The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period is an amount equal to the weekly benefit amount payable to him during his...


A. The total extended benefit amount payable to an eligible individual with respect to his applicable benefit year shall be the least of the following amounts: 1. Fifty per cent of the total...


A. Whenever an extended benefit period is to become effective in this state as a result of an Arizona on indicator, or an extended benefit period is to be terminated in this state as a result of...


Extended benefits paid to an individual shall be charged against the accounts of his base-period employers in the same manner and under the same conditions as regular benefits except that: 1....


Except where inconsistent with the provisions of this article, as provided in the regulations of the commission, the terms and conditions of all other articles of this chapter shall apply to this...


The department may compromise a claim for contributions or payments in lieu of contributions more than two years in arrears, or an action in relation thereto. When a compromise is made, there...


A. The department may enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby: 1. Services performed by...


In the administration of this chapter, the department shall: 1. Cooperate with the United States department of labor to the fullest extent consistent with the provisions of this chapter; 2....


A. There shall be established and maintained by the department free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter...


A. The department may acquire for and in the name of the state by lease purchase agreement, or otherwise, lands or buildings for the purpose of providing office space for units of the department...


The commission shall print for distribution to the public the text of this chapter, its regulations and general rules, its annual reports to the governor and other material it deems relevant and...


A. In a civil action to enforce the provisions of this chapter, the commission and the state may be represented by any qualified attorney who is a regular salaried employee of the commission and...


Any person who knowingly violates any provision of this chapter, or any rule or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the...


A. The department shall establish one or more impartial appeal tribunals to hear and decide disputed claims. Such appeal tribunals shall consist in each case of one member who shall be a salaried...


A. There is established within the department an appeals board consisting of four members. The director shall appoint the members of the appeals board and shall designate one member to serve as...


Any finding of fact or law, judgment, conclusion or final order made by a hearing officer, an administrative law judge or any person with the authority to make findings of fact or law in any...


A. All interested parties to a hearing before the appeal tribunal or the appeals board shall be given reasonable notice of the hearing and afforded an opportunity for hearing. The notice shall...


In the discharge of the duties imposed by this chapter, the appeal tribunal, appeals board or any duly authorized representative of the department may administer oaths and affirmations, take...


Any person who without just cause knowingly fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, if it...


In case of contumacy or refusal of a person to obey a subpoena issued under this chapter, any court of this state within the jurisdiction of which the inquiry is carried on or within the...


Witnesses subpoenaed pursuant to this chapter shall be allowed fees, not less than those paid in the superior court, at a rate fixed by the department, except that an employing unit or a...


A. At the oral or written request of a party or on its own motion, the hearing officer may order, orally or in writing, that the hearing be postponed. A postponement shall be granted, if it is the...


A. No individual claiming benefits shall be charged fees of any kind in a proceeding under this chapter by the department or its representatives or by a court or officer thereof. B. An individual...


A. There shall be a special fund known as the unemployment compensation fund which shall be kept separate and apart from all other public monies or funds of this state, and shall be administered...


The state treasurer shall be ex officio the treasurer and custodian of the unemployment compensation fund. He shall administer the fund in accordance with the provisions of this chapter and the...


A. Within the unemployment compensation fund, there are three separate accounts known as a clearing account, an unemployment trust fund account and a benefit account. All monies payable to the...


A. A special fund known as the special administration fund is established. B. No expenditure or transfer may be made from the special administration fund unless the expenditure or transfer is...


A. The department may use all or any part of the funds in the special administration fund for the purpose of acquiring suitable office space for the units of the department performing functions...


A. A special fund known as the employment security administration fund is established. B. All monies deposited or paid into the employment security administration fund are appropriated and made...


A. This state recognizes its obligation to replace, and pledges its faith that funds will be provided in the future and applied to the replacement of, any monies received from the United States...


A special employment service account shall be maintained as a part of the employment security administration fund for the purpose of maintaining the public employment offices established...


Each employing unit shall keep true and accurate work records for such periods of time and containing such information as the commission prescribes. Such records shall be open to inspection and...


A. The department, the appeals board or an appeal tribunal may require from an employing unit sworn or unsworn reports with respect to persons employed by it which it deems necessary for the...


Amendment by Laws 1998, Ch. 260, § 1 was inconsistent and incompatible with Laws 1998, Ch. 280, § 2 and therefore could not be blended A. After an employee is hired, is rehired or returns from an...


A. An employing unit which fails to file on or before the due date prescribed by department regulation a quarterly contribution and wage report required by the department in the administration of...


A. Contributions shall accrue and become payable by each employer for each calendar year in which he is subject to this chapter with respect to wages for employment. The contributions shall become...


A. The commission shall maintain a separate account for each employer and shall credit the account with all contributions and payments in lieu of contributions paid by the employer and shall...


The standard rate of contributions payable by each employer for calendar year 1985 and each year thereafter shall be five and four-tenths per cent of the wages paid by the employer during each...


A. For purposes of this section: 1. Additional contributions means the money payments to be made at the surtax rate. 2. Contribution rate means the rate at which an employer is required...


Repealed effective January 1, 2008, by Laws 2000, Ch. 383, § 10, as amended by Laws 2002, Ch. 264, § 4 Notwithstanding any other provision of this article, beginning on January 1, 2001 until the...


The commission, for each calendar year, shall classify employers in accordance with their actual experience in the payment of contributions and with respect to benefits charged against their...


A. The department shall promptly notify each employer of his rate of contributions as determined for any calendar year. The determination shall become conclusive and binding upon the employer...


No agreement by an individual in the employ of any person or concern to pay all or a portion of an employer's contributions or payments in lieu of contributions required under this chapter from...


A. No employer shall directly or indirectly make, require or accept a deduction from wages to finance the employer's contributions or payments in lieu of contributions required from him, or...


A. If contributions are not paid on the date due and payable as prescribed by the commission, the whole or part thereafter remaining unpaid shall bear interest at the rate of one per cent per...


A. If a contribution, payment in lieu of a contribution, penalty or interest imposed under this chapter is not paid when due, these amounts may be collected by levy pursuant to section 23-752 or...


A. If a contribution or payment in lieu of a contribution imposed under this chapter is not paid when due, the department may, instead of pursuing civil action authorized in section 23-737, obtain...


A. A debtor who fails to pay any contributions, payments in lieu of contributions, penalties, interest or fees imposed under this chapter is liable for all costs and expenses incurred by the...


A. If an employer neglects or refuses to make a return as required by this chapter, the department shall make an estimate based upon information in its possession of the amount of contributions...


A. If the department finds through its audit or claims-taking procedures that the return filed by an employer is deficient, the department may compute the amount required to be paid on the basis...


A. Notwithstanding sections 23-738 and 23-738.01, if the department believes the collection of a contribution, payment in lieu of contributions, interest or penalties will be jeopardized by delay,...


If a timely petition for reassessment is filed and after any decision on the issue of liability arising under section 23-724 affecting the assessment has become final, the department shall...


Notwithstanding section 23-742, the department shall refund any payment of contributions, payment in lieu of contributions, interest or penalties subsequently determined not due as a result of an...


A. Not later than three years after the date on which any contribution or interest on a contribution becomes due, an employer who has paid the contribution or interest may apply for an adjustment...


A. Except for the provisions of subsection C, additional contributions, payments in lieu of contributions, interest or penalties shall not be determined by the department to be due after three...


A. In event of a distribution of an employer's assets pursuant to court order, including receivership, assignment for benefit of creditors, adjudicated insolvency, composition or similar...


If any contributions, payments in lieu of contributions, interest or penalties which the department is required to collect are not paid, the unpaid amounts are a lien from the date the amounts...


A. The department may perfect a lien no earlier than fifteen days after the date on which contributions, payments in lieu of contributions, interest or penalties are due. B. The lien imposed by...


When any lien established by this article has been satisfied, the department shall issue a release to the person against whom the lien is claimed. Such release shall be a document in a form as...


A. The employer may cause his property to be released from the lien provided by sections 23-745 and 23-746, by filing with the commission a bond in double the amount claimed in the lien, executed...


The transfer, through sale, exchange or otherwise, of a major portion of the assets of a delinquent employer shall not defeat or impair the lien in favor of the commission, and the person...


Any employing unit or any officer or agent of an employing unit or any other person who knowingly fails or refuses to make any contribution or other payment as required by this chapter or to...


A. Any Indian tribe for which service in employment is performed is an employer for the purposes of this chapter. Benefits that are based on service in the employment by an Indian tribe are...


A. If a debtor who is liable to pay any contributions, payments in lieu of contributions, interest or penalties neglects or refuses to pay the amounts, the department may collect the amounts, and...


A. Except as provided in subsection B of this section, a person in possession of, or obligated with respect to, property or rights to property subject to levy on which a levy has been made, on...


If a levy has been made or is about to be made on property, or a right to property, any person having custody or control of books or records containing evidence or statements relating to the...


A. The following property is exempt from levy under this article: 1. Wearing apparel and school books necessary for the debtor or members of the debtor's family. 2. Fuel, provisions,...


A. Except as otherwise provided in this section, the notice of sale and sale of property seized by the department under this article shall be conducted in the manner and the time provided in title...


A. The department may release the levy on all or a part of the property or rights to property levied on if the department determines that this action will facilitate the collection of the...


In this article, unless the context otherwise requires: 1. Affected group means two or more employees designated by the employer to participate in a shared work plan. 2. Approved shared...


A. An employer wishing to participate in the shared work unemployment compensation program shall submit a signed, written shared work plan to the department for approval. The department shall...


A. An individual is eligible to receive shared work benefits with respect to any week only if, in addition to meeting the requirements of article 6 of this chapter as modified by subsections D and...


The department shall pay an individual eligible for shared work benefits with respect to any week a shared work benefit that is a proportionate amount as provided in this section of the employee's...


Except as otherwise provided by or inconsistent with this article, this chapter and department regulations apply to benefits under this article. ...


A. An unemployed individual shall be eligible to receive benefits with respect to any week only if the department finds that the individual: 1. Has registered for work at and thereafter has...


A. Notwithstanding any other provision of this chapter, no otherwise eligible individual shall be denied benefits for any week: 1. Because he is in training approved by the secretary of labor...


A. Claims for benefits shall be made in accordance with such regulations as the department prescribes. B. All base period employers of a claimant for benefits shall be promptly notified when a...


A. A representative designated by the department as a deputy shall promptly examine any claim for benefits and, on the basis of the facts found by him, shall determine whether or not the claim is...


An individual shall be disqualified for benefits: 1. For the week in which he has left work voluntarily without good cause in connection with the employment, and in addition to the waiting...


A. An individual shall be disqualified for benefits if the department finds he has failed without cause either to apply for available, suitable work, when so directed by the employment of