What Are The Criteria For Establishing Whether I Have A Valid Claim For Constructive Discharge?

Thu, 05 Jun 2008 10:38:26 GMT

In any action under the statutes of this state or under common law, constructive discharge may only be established by either of the following:

1. Evidence of objectively difficult or unpleasant working conditions to the extent that a reasonable employee would feel compelled to resign, if the employer has been given at least fifteen days' notice by the employee that the employee intends to resign because of these conditions and the employer fails to respond to the employee's concerns.

2. Evidence of outrageous conduct by the employer or a managing agent of the employer, including sexual assault, threats of violence directed at the employee, a continuous pattern of discriminatory harassment by the employer or by a managing agent of the employer or other similar kinds of conduct, if the conduct would cause a reasonable employee to feel compelled to resign.

Are Minors Prohibited From Any Specific Occupations?

Tue, 29 May 2007 21:19:00 GMT

Arizona law prohibits minors under the age of 18 from certain occupations. Click here for the statute identifying the occupations prohibited for minors under age 18 and click here for the occupations prohibited for minors under age 16. Please note that there are some exceptions to these prohibitions. These exceptions are identified in Section 23235.

Are There Regulations For The Hours A Minor May Be Employed?

Tue, 29 May 2007 21:19:00 GMT

Employment of minors under the age of sixteen must 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 in session.

2. Not more than eighteen hours in any one week when the person is enrolled in any session of school when school is in session.

3. Not more than eight hours in any one day when the person is not enrolled in a session of school or on a day when school is not in session.

4. Not more than three hours in any one day when the person is enrolled in any session of school on a day when school is in session.

5. Minors under the age of sixteen may not be employed at night nor shall they be employed in solicitation sales or deliveries on a doortodoor basis between 7:00 p.m. and 9:30 p.m. on days preceding a day when school is in session and between 7:00 p.m. and 11:00 p.m. on days preceding a day when school is not in session.

These provisions do not apply to persons who deliver newspapers to a consumer.

As An Employer, How Do I Know If I Am Liable For Arizona Unemployment Taxes?

Tue, 29 May 2007 21:19:00 GMT

If you meet one of the following conditions, you are required to pay unemployment taxes:

Pay wages of at least $1,500 during a calendar quarter, or;
employ at least one worker for some part of a day in each of 20 different weeks in a calendar year, or;
acquire the business or part of the business of an employer subject to unemployment taxes, or;
are required to pay Federal Unemployment Tax because you employed individuals in another state(s) for any other reason, or;
own or control two or more businesses in Arizona which together meet any of the other conditions described here, or;
pay domestic workers at least $1000 cash wages in a calendar quarter, or;
pay agricultural workers at least $20,000 cash wages in a calendar quarter, or employ at least 10 agricultural workers for some part of a day in each of 20 different weeks in a calendar year, or;
are a nonprofit organization exempt under section 501(c) (3) of the Internal Revenue Code, and employ 4 or more workers for some part of a day in each of 20 different weeks in a calendar year, or;
voluntarily elect to provide unemployment coverage to your workers even though it is not required, or;
are a leasing or temporary services business which leases or provides workers to other businesses, or;
are an Indian tribe including any subdivision, subsidiary, or business enterprise wholly owned by such Indian tribe.

Can An Employer Require An Employee To Join A Labor Union?

Tue, 29 May 2007 21:19:00 GMT

An employer may not require that an employee become or remain a member of any labor union as a condition of employment. Nor can an employer require an employee to abstain or refrain from membership in any labor union as a condition of employment.

Can I Receive Benefits If I Quit My Job?

Tue, 29 May 2007 21:19:00 GMT

Generally, you must meet certain requirements to be eligible. You must be able to work, available for work, willing to accept suitable work, actively seeking fulltime work, and be out of work through no fault of your own. If you voluntarily quit your job, the burden of proof is on you to show that you quit for a good cause. If you are terminated or discharged, your employer must show that you were terminated for a workconnected misconduct as specified in the Arizona UI Law.

For What Purpose Can An Employer Require Drug Testing?

Tue, 29 May 2007 21:19:00 GMT

Within the terms of the written policy, an employer may require the collection and testing of samples for any jobrelated purposes consistent with business necessity including:

1. Investigation of possible individual employee impairment.

2. Investigation of accidents in the workplace. Employees may be required to undergo drug testing or alcohol impairment testing for accidents if the test is taken as soon as practicable after an accident and the test is administered to employees who the employer reasonably believes may have contributed to the accident.

3. Maintenance of safety for employees, customers, clients or the public at large.

4. Maintenance of productivity, quality of products or services or security of property or information.

5. Reasonable suspicion that an employee may be affected by the use of drugs or alcohol and that the use may adversely affect the job performance or the work environment.

In addition, employees may be required to undergo drug testing on a random basis. If an employer institutes a policy of drug testing or alcohol impairment testing, all compensated employees including officers, directors and supervisors shall be uniformly included in the testing policy.

How Do I Claim My Weekly Benefits?

Tue, 29 May 2007 21:19:00 GMT

The easiest way to file for weekly benefits is by telephone using the. Telephone Information and Payment System (TIPS)This also speeds up the payment process.

Phoenix. . . . . . . . . . . (602) 4173800
Tucson . . . . . . . . . . . (520) 8848477

All Other Areas&&...18777668477

Access TTY&&&&18778776226

Because of a significant increase in the number of individuals filing for unemployment insurance, it has become necessary to place restrictions on the days individuals can call the TIPS line. The last number of your Social Security Number (SSN) will determine when you can call TIPS.

SUNDAY (All Day) TIPS will only accept calls from individuals whose SSN's end in 0, 1, 2, 3, 4,or 5.
MONDAY (7AM through 7PM) TIPS will only accept calls from individuals whose SSN's end in 6 or 7. After 7PM, TIPS will accept all calls (any SSN).
TUESDAY (7AM through 7PM) TIPS will only accept calls from individuals whose SSN's end in 8 or 9. After 7PM, TIPS will accept all calls (any SSN).
WEDNESDAY, THURSDAY, FRIDAY TIPS will accept all calls (any SSN) during normal hours of operation.

TIPS hours of operation are from Sunday 12:01 a.m. through Friday 6:00 p.m. (Mountain Standard Time MST)

How Do I File A Claim For Unemployment Compensation?

Tue, 29 May 2007 21:19:00 GMT

You can file your initial claim for benefits or reactivate an existing claim using the Arizona Reemployment Rapid Access (ARRA) system. ARRA is the telephone based interactive voice response system used to file an Arizona claim for Unemployment Insurance Benefits. It can only be used with a touchtone telephone and is available Monday Friday from 7:00 a.m. 4:30 a.m. Mountain Standard Time

Maricopa County: 6023642722
Pima County: 5207912722
All Other: 18776002722

Access TTY: 18778776226

You should have the following information ready when you call:

Your Social Security Number
Your residence address, city, state and ZIP Code
County of residence
The name, mailing address and ZIP Code of your last employer (whether you worked full or part time)
Your Alien Registration Number if you are not a citizen of the United States
Forms SF8 and SF50 if you have worked as a Federal Civilian Employee in the past 18 months
Your DD214 (Member 4 copy) if you have served in the US Military in the past 18 months
A Personal Identification Number (PIN)

How Do I Get A Personal Identification Number (Pin)

Tue, 29 May 2007 21:19:00 GMT

The first time you call ARRA, you will be asked to select a PIN, made up of four digits. You will need your PIN number to use when filing weekly continued claims through the TIPS Line and to obtain payment information. If you happen to forget it or want to change it for some reason, you must call a Claims Agent to have your PIN reset.

How Long Can I Receive Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may have up to 26 weeks of unemployment insurance benefit payments, depending on how much you earned in your base period. If you return to work or if you have deductible income for any week, you may draw more or less than 26 weeks. The total amount you can draw for the year is the maximum benefit amount shown on your Wage Statement (monetary determination).

How Long Do I Have To Work To Be Eligible For Benefits?

Tue, 29 May 2007 21:19:00 GMT

You must have wages in at least two quarters of your base period. The base period is the first four of the last five completed calendar quarters from the date your claim is filed. Refer to the Arizona Unemployment Insurance Handbook for additional information.

How Much Compensation Can I Receive?

Tue, 29 May 2007 21:19:00 GMT

Your weekly benefit amount is 4% of the wages paid during the calendar quarter in your base period with the highest wages. Benefits can range from $40 to a maximum of $205 per week. The total amount of benefits you can be paid during your 52week benefit year is called your maximum benefit amount and is based upon the total amount of wages reported in your base period. The maximum amount payable is onethird of your total base period wages. However, it cannot total more than 26 times your weekly benefit amount.

How Much Must An Employer Pay In Unemployment Taxes?

Tue, 29 May 2007 21:19:00 GMT

The taxes an employer must pay are calculated by multiplying your quarterly taxable wages by your tax rate. They range from 0.05% to 5.40% paid on the first $7000 in wages paid to each employee in a calendar year. New employees are assigned a rate of 2.70% for a minimum of two calendar years and after that may be eligible for a higher or lower tax rate depending on:

The amount of taxes you have paid;
The amount of unemployment benefits paid to your former employees and charged to you;
The average size of your annual taxable payroll;
The overall solvency of the unemployment trust fund.

The above information does not apply to certain nonprofit, governmental or Indian tribe employers who have chosen the reimbursement plan.

For additional information regarding unemployment taxes, call 6022489101.

How Soon After I Am Unemployed Can I File For Benefits?

Tue, 29 May 2007 21:19:00 GMT

You can file a claim immediately. You will not receive benefits for any period prior to the effective date of your claim (which is normally the Sunday of the week in which you establish your initial claim).

If I Am Fired From My Job, How Soon Must My Employer Pay Me?

Tue, 29 May 2007 21:19:00 GMT

If you are terminated from your job, your employer must pay you all earnings owed within three working days of termination or the end of the next regular pay period, whichever is sooner.

If you have quit your job, your employer must pay you all wages due no later than the regular payday for the pay period during which the termination occurred.

Is A Work Permit Required For Employment Of A Minor?

Tue, 29 May 2007 21:19:00 GMT

No. The State of Arizona does not issue work permits for the employment of a minor.

Is There Any Payday Regulation In Arizona?

Tue, 22 Apr 2008 22:07:21 GMT

Yes. An employer must have two or more designated paydays in a month, not more than sixteen days apart.

What Are The Guidelines For Drug Testing?

Tue, 29 May 2007 21:19:00 GMT

Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy that has been distributed to every employee subject to testing or that has been made available to employees in the same manner as the employer informs its employees of other personnel practices, including inclusion in a personnel handbook or manual or posting in a place accessible to employees. The employer shall inform prospective employees that they must undergo drug testing. The written policy shall include at least the following:

1. A statement of the employer's policy respecting drug and alcohol use by employees.

2. A description of those employees or prospective employees who are subject to testing.

3. The circumstances under which testing may be required.

4. The substances as to which testing may be required.

5. A description of the testing methods and collection procedures to be used.

6. The consequences of a refusal to participate in the testing.

7. Any adverse personnel action that may be taken based on the testing procedure or results.

8. The right of an employee, on request, to obtain the written test results.

9. The right of an employee, on request, to explain in a confidential setting, a positive test result.

10. A statement of the employer's policy regarding the confidentiality of the test results.

What Happens After The Initial Claim Application Has Been Filed?

Tue, 29 May 2007 21:19:00 GMT

You will receive the following:

"WAGE STATEMENT" that lists the wages reported by your Base Period employers, the weekly and total amount of benefits you may receive if you meet all eligibility requirements during your benefit year.

"A GUIDE TO ARIZONA UNEMPLOYMENT INSURANCE BENEFITS" booklet in the mail. This booklet is intended to give you a better understanding of your rights and responsibilities when claiming unemployment insurance benefits.

"CERTIFICATION OF UNDERSTANDING" in the mail which must be completed and returned within the specified time frame.

What Industries Currently Participate In Registered Apprenticeship?

Tue, 29 May 2007 21:19:00 GMT

The following industries are among those that participate in registered apprenticeship: Construction, Manufacturing, Telecommunications, Information Technology/Networking, Service and retail industries, Healthcare, Childcare, Public and Private Utilities, Public Sector.

What Is The Arizona Job Training Program?

Tue, 29 May 2007 21:19:00 GMT

The Arizona Job Training Program supports the design and delivery of training plans that meet unique industry standards and challenges. Under the "Net New Hire" portion of the grant program, businesses can apply for grants that return up to 75% of the costs of training new employees in jobs that meet wage criteria. The "Incumbent Worker" portion of the grant program will allow for training that upgrades the skills of your existing employees. The Incumbent Program can reimburse employers up to a maximum of 50% of allowable training costs.

For more information, call 6022801344 or 18886778177 (outside of the Phoenix metro area).

What Is The Extended Benefit Program?

Tue, 29 May 2007 21:19:00 GMT

The Extended Benefit program goes into effect during years of significant unemployment and provides additional benefits to those individuals who exhaust their regular benefits and meet the eligibility requirements of this program. 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 applicable benefit year.

What Is The Jobs Administration?

Tue, 29 May 2007 21:19:00 GMT

The JOBS Administration is an employment and training program designed to assist public assistance recipients. It administers the JOBS Program and the Food Stamp Employment and Training Program.

The JOBS Administration will assist participants in moving from public assistance to employment through: employment services for those who are job ready or need help preparing for work and finding a job; support services for those who need help with child care, transportation cost, etc; training, work experience, and education for those who need to learn new skills, improve the skills they have or build a work record.

The participant and the JOBS Case Manager develop an Employability Plan. The Employability Plan establishes realistic employment goals and activities. The JOBS Case Manager will assist participants to meet their goals by arranging for needed services, referring to job openings and monitoring the participant's progress.

To obtain additional information, contact the JOBS Administrative Central Office at 6025425954 or the regional office in your area.

What Role Does Government Play In Registered Apprenticeship?

Mon, 04 Jun 2007 21:51:22 GMT

The State of Arizona is authorized, in cooperation with the federal government, to oversee apprenticeship programs registered in the state. The Arizona apprenticeship registration agency, the Arizona Department of Commerce Apprenticeship Division, is responsible for:

Registering apprenticeship programs that meet state and federal standards; Protecting the safety and welfare of apprentices; Issuing nationally recognized and portable Certificates of Completion to graduate apprentices; Promoting the development of new programs through marketing and technical assistance; Assuring that all programs provide high quality training; Assuring that all programs produce skilled, competent workers.

What is the minimum wage in Arizona?

Wed, 02 Jan 2008 00:32:16 GMT

The state of Arizona has no minimum wage law. The Federal minimum wage law would, therefore, apply. The current Federal minimum wage is $7.25 per hour. Arizona law provides that no political subdivision may establish, mandate or otherwise require a minimum wage that exceeds the federal minimum wage.

Who Should Employers Contact To Develop A Registered Apprenticeship Program?

Tue, 29 May 2007 21:19:00 GMT

Information on the registered apprenticeship program can be obtained by contacting the following agencies:

The Arizona Department of Commerce Apprenticeship Division: 6022121912

The US Department of Labor's Bureau of Apprenticeship and Training: 6026402964

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