Arizona Labor Laws – An Overview
The framework of labor and employment law in Arizona consists of federal laws, state laws, and administrative regulations and opinions. Although state and federal labor laws overlap, there are many statutes that operate independently of each other, even if they sometimes address the same issues.
Federal Labor Law
Federal labor law governs many employment issues, including unemployment compensation, workplace safety, and employee rights and protections. For example, the National Labor Relations Act is a liberal overall framework of labor relations law that governs union organizing campaigns and strikes. It protects the right of employees to act in concert with each other to improve their wages and working conditions. It also prohibits employers and unions from engaging in unfair labor practices. Because the NLRA impacts employees across the country, companies with locations in Arizona are bound by it, as are their Arizona employees.
Like the NLRA, other federal labor law applies nationwide, regardless of state law: the Immigration and Nationality Act, the Employee Retirement Income Security Act (ERISA), the Family Medical Leave Act (FMLA), the Labor Management Relations Act (Cobra), the Fair Labor Standards Act (FLSA), and the Fair Housing Act (FHA), among others. Arizona employers must follow these federal laws regardless of whether or not they comply with the analogous state labor law .
State Labor Law and Regulations
In addition to complying with federal employment laws, Arizona employers must follow the Arizona Revised Statutes, ARS § 23-390 et seq. According to the Arizona Department of Economic Security ("DES"), the state agency responsible for overseeing the Arizona Wage Claims Program, these laws cover "minimum wage, Monday through Friday workweek, overtime and holiday pay, payment of wages, meal periods and rest periods, recordkeeping, retaliation and child labor." They are enforced by the DES and regulated by the Industrial Commission of Arizona ("ICA"). The ICA is headquartered in Phoenix, and oversees a number of employment issues, including equal wage opportunities, internship programs, and training program regulations. In enforcing the laws, the DES relies on the testimony of the employer, employee, and other involved parties to determine if an employee may be entitled to unpaid wages. A request for hearing for a wage dispute must be made within two months after the wages were due. If the wage claim is much more than $500, a written request for a hearing may be submitted within five years, the building for the claim may be $500 or less. The DES presents evidence to the ICA, including testimony and other evidence, but does not have the burden of proving the claim. A hearing officer then issues a decision and a wage claim may be collected as a judgment in the same manner as other judgments.
Requirements Regarding Rest and Meal Breaks
All Arizona employers must provide employees with one or more rest breaks, as well as one or more meal breaks. While this seems fairly clear, a surprising number of Arizona employers violate the law, especially when it comes to meal breaks. Under federal law, employers are not required to provide employees with any meal or rest breaks. However, if an employer does provide either or both of these breaks, they must be paid for if they last 20 minutes or less, and unpaid if they last longer than 20 minutes. Arizona law is even more employee-friendly. The law requires employers to provide employees with at least one 15 minute break for every four hours of work. If an employee works over eight hours in a day, the employee must get at least one additional 15 minute break for each additional four hours worked. Employers must also provide a second meal break of at least 30 minutes for each work day where the employee works for more than 8 hours.
It is important to remember that just because payment of overtime is not required does not mean that it is not obligatory. In 2011, the Industrial Commission of Arizona awarded an employee $54,000 in back pay, benefits, and penalties after an employer refused to pay the employee for a 30 minute lunch break because it was considered unpaid.
Certain employees are exempted from the requirement of providing meal and rest breaks. The exceptions are for: There is also the important exception to the requirement of providing meal breaks for minors. Minors who work for less than 30 consecutive minutes are not entitled to meal breaks as long as the minor’s regular working hours do not exceed five hours per day.
Next time you are in Arizona, you are entitled to two meal breaks and two rest breaks (assuming your work schedule exceeds 13 hours in a workday). If you work in Arizona and are not receiving these breaks, you should contact an attorney to see if you are owed any back pay.
Exceptions to Break Policies
In an attempt to clarify its break rules, many times the Industrial Commission of Arizona will highlight exceptions to the break rules. Exceptions frequently depend on the industry or type of employment of the claimant. One of the notable areas of law are those working in the healthcare field, where the breaks provided for by law are often changed due to the nature of the work. For hospital settings in Arizona, the respondent technically can provide missed breaks to nurses and other caregivers in exchange for paid time off during other days of the week. This is done to insure that the patient care is not compromised by breaks. There are a few problems with this system though. First, the rules generally require that care providers take their breaks during shifts—or at least not beyond the shift. The problem with this however is that in this day and age, it is nearly impossible to require nurses and caregivers to meet breaks and meal requirements during a work shift without compromising patient care. As such, many respondents skirt the rules, praying that the Industrial Commission will not catch them violating the break rules, and pay the overtime expense later, if at all. Another exception to the breaks rule are those employers who belong to the restaurant, agricultural or other industries that are designed to serve food. The idea is that the break is provided because food cannot be prepared if workers take time off. Like the healthcare industry though, it is naive to believe that employers who find issues with the break laws are going to place customer service above the law. Generally, there are serious issues when a worker does not get time away from her work. Further, the extra activity not apportioned due to missed breaks and meal breaks, often causes the worker to not make up the time at the end of the day or week. The missed breaks and meal breaks often result in overtime. Though technically an exception to the standard break rules, these situations also often deviate from the law.
Legal Obligations for Employers
Compliance with Arizona break laws is relatively easy, but it does require employers to keep track of employee rest periods. In their record-keeping, employers must include the times employees are relieved of their duties for break periods. Most employment management software has features that make this a simple process. Employers that use paper clock-in sheets can add a column requiring employees to sign that they have taken their breaks. Such sign-in sheets can be kept electronically to avoid the hassle of going through file cabinets for audits.
If such records are up to date , they will likely demonstrate that an employee didn’t take breaks. This far more persuasive than simply testifying that a particular employee was relieved of his or her duties for a thirty-minute break.
Takeaway: Put a system for recording breaks in place, and monitor it for accuracy.
Commonly Asked Questions
Terence A. Greene answers the most common questions about Arizona break laws and employees’ rights.
Do employers have to provide coffee/tea/water in addition to required lunch breaks?
No, Arizona law does not require employers to provide coffee or tea. Water is provided for sanitation purposes. Coffee, tea, and other beverages are typically provided by the employer as an "extra" for the employees.
Can an employer require employees to clock out and continue working on a break?
No. Employees must be completely relieved of their duties during their lunch breaks. The employee may not be required to clock out for lunch and continue working. In other words, the employer must allow the employee to be off duty and be free from all duties and responsibilities for the duration of the break. If the employee is unable or is not actually relieved from performing work-related duties, then the employee must be paid for that time. If the employee voluntarily works during his or her break, the employer should not deduct the time from the employee’s pay.
My employer says I can only take a 30 minute break, is this true?
Generally, a non-exempt employee in Arizona is entitled to an unpaid, uninterrupted, duty-free meal period of at least 30 minutes, except that if the workday is no more than 5 hours, a meal period of at least 20 minutes is required. For any workday over 5 hours, there must be an additional duty free meal period of at least 30 minutes. Employees are also entitled to one paid 15-minute rest period for every four hours worked, or a "major fraction" of four hours, which generally refers to more than 2.5 hours.
Are employees entitled to a 15 minute break if they work overtime?
No. If an employee works 10 hours total, and has time off, it is generally only required that the employee receive three 15-minute breaks each day. Keep in mind, that 15-minute breaks are not required if the employee works no more than three and a half continuous hours in a given workday.
Additional Resources for Arizona Employees
To further aid in your research, the following resources are helpful for determining your rights, whether they apply to your situation, the steps you should take, and even ways to find lawyers who might be able to assist you.
Federal Department of Labor:
The USDOL Division of Labor’s Wage and Hour Division:
Additionally, if your employer provides healthcare coverage for you as part of your employment, the federal Department of Labor publishes a FAQ fact sheet as regards breaks under the Affordable Care Act .
The USDOL also provides a comprehensive FAQ guide to Rest and Meal Breaks.
And, if you have questions regarding excellent sick leave rules or policies under the federal Family Medical Leave Act (FMLA), which may provide greater protections than your Arizona state law rights, the USDOL also provides FAQ on that law.
Arizona Department of Economic Security:
Arizona Department of Labor and Statistics:
Free Legal Aid Resources:
Arizona Association of Defense Counsel’s page listing free legal aid resources for Arizona residents.