A.R.S. tit. 23 ch. 2 — Arizona Revised Statutes Title 23 Chapter 2 — Employment Practices And Working Conditions

23-201. Obtaining labor by false pretenses; civil liability; classification A. A person who employs for wages any person in any occupation, and who at the time of employing him does not have sufficient assets within the county in which the work or labor is to be performed over and above all exemptions allowed by law to cover the amount of wages accruing to the employee for the term of two weeks, and who makes false representations or pretenses as to having such assets, and after labor has been done by the employee under such employment, fails, upon the employee's discharge or resignation, or for a period of five days after the wages are payable, to pay the employee, on demand, the wages due, is guilty of obtaining labor under false pretenses. B. Upon conviction, and in the same proceeding, judgment shall be rendered in favor of the employee and against the employer for all wages unpaid, together with a reasonable attorney's fee to be fixed by the court. The judgment shall also include compensation to the employee at the same rate at which the wages were agreed to be paid, from the time they became due until the judgment is satisfied. C. The judgment shall be a first and prior lien against the property of the employer upon which the work and labor was performed. D. Obtaining labor under false pretenses is a class 1 misdemeanor. 23-202. Exaction of fee or gratuity as condition of employment prohibited; classification 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 workman or laborer employed or continued in employment through his agency or under his direction or control, a fee, commission or gratuity of any kind as the price or condition of the employment of the workman or laborer, or as the price or condition of his continuance in such employment. Any person charged or entrusted with employment of laborers or workmen for his principal, or under whose direction or control the workmen and laborers are engaged in work and labor for the principal, who violates a provision of this section is guilty of a class 2 misdemeanor. 23-203. Compulsion or coercion of employee or another to buy from a particular person; classification 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. 23-204. Employee benefits; state preemption; exemption; definition A. The regulation of employee benefits, including nonwage compensation, paid and unpaid leave and other absences, meal breaks and rest periods, is of statewide concern. The regulation of nonwage employee benefits pursuant to this chapter and federal law is not subject to further regulation by a city, town or other political subdivision of this state. B. This section does not apply to any employee benefit, including nonwage compensation, paid and unpaid leave and other absences, meal breaks and rest periods, provided by a city, town or other political subdivision of this state to any of its employees. C. For the purposes of this section, "nonwage compensation" includes fringe benefits, welfare benefits, child or adult care plans, sick pay, vacation pay, severance pay, commissions, bonuses, retirement plan or pension contributions, other employment benefits provided in 29 United States Code section 2611 and other amounts promised to the employee that are more than the minimum compensation due an employee by reason of employment. 23-205. Employee scheduling; state preemption; exemptions A. A city, town or county may not adopt an ordinance, resolution or other regulation that requires an employer to alter or adjust any employee scheduling unless the alteration or adjustment is required by state or federal law. The regulation of employee scheduling is a matter of statewide concern and is not subject to further regulation by a city, town or county. B. This section does not prohibit: 1. City, town or county scheduling requirements that apply to employees of the city, town or county. 2. A city or town from prescribing security personnel scheduling in specific accordance with a public safety plan ordinance that was adopted by a city or town on or before January 1, 2016. 23-206. Employers; accommodations required If an employer receives notice from an employee that the employee's sincerely held religious beliefs, practices or observances prevent the employee from taking the COVID-19 vaccination, the employer shall provide a reasonable accommodation unless the accommodation would pose an undue hardship and more than a de minimus cost to the operation of the employer's business. 23-211. Definitions In this article, unless the context otherwise requires: 1. "Agency" means any agency, department, board or commission of this state or a county, city or town that issues a license for purposes of operating a business in this state. 2. "Employ" means hiring an employee after December 31, 2007. 3. "Employee": (a) Means any person who provides services or labor for an employer in this state for wages or other remuneration. (b) Does not include an independent contractor. 4. "Employer" means any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and that employs one or more employees in this state. Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses the contract labor. 5. "E-verify program" means the employment verification program as jointly administered by the United States department of homeland security and the social security administration or any of its successor programs. 6. "Independent contractor" means any individual or entity that carries on an independent business, that contracts to do a piece of work according to the individual's or entity's own means and methods and that is subject to control only as to results. Whether an individual or entity is an independent contractor is determined on a case-by-case basis through various factors, including whether the individual or entity: (a) Supplies the tools or materials. (b) Makes services available to the general public. (c) Works or may work for a number of clients at the same time. (d) Has an opportunity for profit or loss as a result of labor or service provided. (e) Invests in the facilities for work. (f) Directs the order or sequence in which the work is completed. (g) Determines the hours when the work is completed. 7. "Intentionally" has the same meaning prescribed in section 13-105. 8. "Knowingly employ an unauthorized alien" means the actions described in 8 United States Code section 1324a. This term shall be interpreted consistently with 8 United States Code section 1324a and any applicable federal rules and regulations. 9. "License": (a) Means any agency permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating a business in this state. (b) Includes: (i) Articles of incorporation under title 10. (ii) A certificate of partnership, a partnership registration or articles of organization under title 29. (iii) A grant of authority issued under title 10, chapter 15. (iv) Any transaction privilege tax license. (c) Does not include: (i) Any license issued pursuant to title 45 or 49 or rules adopted pursuant to those titles. (ii) Any professional license. 10. "Unauthorized alien" means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States Code section 1324a(h)(3). 23-212. Knowingly employing unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense A. An employer shall not knowingly employ an unauthorized alien. If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in this state, the employer knowingly contracts with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor, the employer violates this subsection. B. The attorney general shall prescribe a complaint form for a person to allege a violation of subsection A of this section. The complainant shall not be required to list the complainant's social security number on the complaint form or to have the complaint form notarized. On receipt of a complaint on a prescribed complaint form that an employer allegedly knowingly employs an unauthorized alien, the attorney general or county attorney shall investigate whether the employer has violated subsection A of this section. If a complaint is received but is not submitted on a prescribed complaint form, the attorney general or county attorney may investigate whether the employer has violated subsection A of this section. This subsection shall not be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form. The attorney general or county attorney shall not investigate complaints that are based solely on race, color or national origin. A complaint that is submitted to a county attorney shall be submitted to the county attorney in the county in which the alleged unauthorized alien is or was employed by the employer. The county sheriff or any other local law enforcement agency may assist in investigating a complaint. When investigating a complaint, the attorney general or county attorney shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 United States Code section 1373(c). A state, county or local official shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States. An alien's immigration status or work authorization status shall be verified with the federal government pursuant to 8 United States Code section 1373(c). A person who knowingly files a false and frivolous complaint under this subsection is guilty of a class 3 misdemeanor. C. If, after an investigation, the attorney general or county attorney determines that the complaint is not false and frivolous: 1. The attorney general or county attorney shall notify the United States immigration and customs enforcement of the unauthorized alien. 2. The attorney general or county attorney shall notify the local law enforcement agency of the unauthorized alien. 3. The attorney general shall notify the appropriate county attorney to bring an action pursuant to subsection D of this section if the complaint was originally filed with the attorney general. D. An action for a violation of subsection A of this section shall be brought against the employer by the county attorney in the county where the unauthorized alien employee is or was employed by the employer. The county attorney shall not bring an action against any employer for any violation of subsection A of this section that occurs before January 1, 2008. A second violation of this section shall be based only on an unauthorized alien who is or was employed by the employer after an action has been brought for a violation of subsection A of this section or section 23-212.01, subsection A. E. For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date. F. On a finding of a violation of subsection A of this section: 1. For a first violation, as described in paragraph 3 of this subsection, the court: (a) Shall order the employer to terminate the employment of all unauthorized aliens. (b) Shall order the employer to be subject to a three year probationary period for the business location where the unauthorized alien performed work. During the probationary period the employer shall file quarterly reports in the form provided in section 23-722.01 with the county attorney of each new employee who is hired by the employer at the business location where the unauthorized alien performed work. (c) Shall order the employer to file a signed sworn affidavit with the county attorney within three business days after the order is issued. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens in this state and that the employer will not intentionally or knowingly employ an unauthorized alien in this state. The court shall order the appropriate agencies to suspend all licenses subject to this subdivision that are held by the employer if the employer fails to file a signed sworn affidavit with the county attorney within three business days after the order is issued. All licenses that are suspended under this subdivision shall remain suspended until the employer files a signed sworn affidavit with the county attorney. Notwithstanding any other law, on filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate agencies. For the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business. On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection G of this section. (d) May order the appropriate agencies to suspend all licenses described in subdivision (c) of this paragraph that are held by the employer for not to exceed ten business days. The court shall base its decision to suspend under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant: (i) The number of unauthorized aliens employed by the employer. (ii) Any prior misconduct by the employer. (iii) The degree of harm resulting from the violation. (iv) Whether the employer made good faith efforts to comply with any applicable requirements. (v) The duration of the violation. (vi) The role of the directors, officers or principals of the employer in the violation. (vii) Any other factors the court deems appropriate. 2. For a second violation, as described in paragraph 3 of this subsection, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer's primary place of business. On receipt of the order and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses. 3. The violation shall be considered: (a) A first violation by an employer at a business location if the violation did not occur during a probationary period ordered by the court under this subsection or section 23-212.01, subsection F for that employer's business location. (b) A second violation by an employer at a business location if the violation occurred during a probationary period ordered by the court under this subsection or section 23-212.01, subsection F for that employer's business location. G. The attorney general shall maintain copies of court orders that are received pursuant to subsection F of this section and shall maintain a database of the employers and business locations that have a first violation of subsection A of this section and make the court orders available on the attorney general's website. H. On determining whether an employee is an unauthorized alien, the court shall consider only the federal government's determination pursuant to 8 United States Code section 1373(c). The federal government's determination creates a rebuttable presumption of the employee's lawful status. The court may take judicial notice of the federal government's determination and may request the federal government to provide automated or testimonial verification pursuant to 8 United States Code section 1373(c). I. For the purposes of this section, proof of verifying the employment authorization of an employee through the e-verify program creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien. J. For the purposes of this section, an employer that establishes that it has complied in good faith with the requirements of 8 United States Code section 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien. An employer is considered to have complied with the requirements of 8 United States Code section 1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements. K. It is an affirmative defense to a violation of subsection A of this section that the employer was entrapped. To claim entrapment, the employer must admit by the employer's testimony or other evidence the substantial elements of the violation. An employer who asserts an entrapment defense has the burden of proving the following by a preponderance of the evidence: 1. The idea of committing the violation started with law enforcement officers or their agents rather than with the employer. 2. The law enforcement officers or their agents urged and induced the employer to commit the violation. 3. The employer was not predisposed to commit the violation before the law enforcement officers or their agents urged and induced the employer to commit the violation. L. An employer does not establish entrapment if the employer was predisposed to violate subsection A of this section and the law enforcement officers or their agents merely provided the employer with an opportunity to commit the violation. It is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identity. The conduct of law enforcement officers and their agents may be considered in determining if an employer has proven entrapment. 23-212.01. Intentionally employing unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense A. An employer shall not intentionally employ an unauthorized alien. If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in this state, the employer intentionally contracts with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor, the employer violates this subsection. B. The attorney general shall prescribe a complaint form for a person to allege a violation of subsection A of this section. The complainant shall not be required to list the complainant's social security number on the complaint form or to have the complaint form notarized. On receipt of a complaint on a prescribed complaint form that an employer allegedly intentionally employs an unauthorized alien, the attorney general or county attorney shall investigate whether the employer has violated subsection A of this section. If a complaint is received but is not submitted on a prescribed complaint form, the attorney general or county attorney may investigate whether the employer has violated subsection A of this section. This subsection shall not be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form. The attorney general or county attorney shall not investigate complaints that are based solely on race, color or national origin. A complaint that is submitted to a county attorney shall be submitted to the county attorney in the county in which the alleged unauthorized alien is or was employed by the employer. The county sheriff or any other local law enforcement agency may assist in investigating a complaint. When investigating a complaint, the attorney general or county attorney shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 United States Code section 1373(c). A state, county or local official shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States. An alien's immigration status or work authorization status shall be verified with the federal government pursuant to 8 United States Code section 1373(c). A person who knowingly files a false and frivolous complaint under this subsection is guilty of a class 3 misdemeanor. C. If, after an investigation, the attorney general or county attorney determines that the complaint is not false and frivolous: 1. The attorney general or county attorney shall notify the United States immigration and customs enforcement of the unauthorized alien. 2. The attorney general or county attorney shall notify the local law enforcement agency of the unauthorized alien. 3. The attorney general shall notify the appropriate county attorney to bring an action pursuant to subsection D of this section if the complaint was originally filed with the attorney general. D. An action for a violation of subsection A of this section shall be brought against the employer by the county attorney in the county where the unauthorized alien employee is or was employed by the employer. The county attorney shall not bring an action against any employer for any violation of subsection A of this section that occurs before January 1, 2008. A second violation of this section shall be based only on an unauthorized alien who is or was employed by the employer after an action has been brought for a violation of subsection A of this section or section 23-212, subsection A. E. For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date. F. On a finding of a violation of subsection A of this section: 1. For a first violation, as described in paragraph 3 of this subsection, the court shall: (a) Order the employer to terminate the employment of all unauthorized aliens. (b) Order the employer to be subject to a five year probationary period for the business location where the unauthorized alien performed work. During the probationary period the employer shall file quarterly reports in the form provided in section 23-722.01 with the county attorney of each new employee who is hired by the employer at the business location where the unauthorized alien performed work. (c) Order the appropriate agencies to suspend all licenses described in subdivision (d) of this paragraph that are held by the employer for a minimum of ten days. The court shall base its decision on the length of the suspension under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant: (i) The number of unauthorized aliens employed by the employer. (ii) Any prior misconduct by the employer. (iii) The degree of harm resulting from the violation. (iv) Whether the employer made good faith efforts to comply with any applicable requirements. (v) The duration of the violation. (vi) The role of the directors, officers or principals of the employer in the violation. (vii) Any other factors the court deems appropriate. (d) Order the employer to file a signed sworn affidavit with the county attorney. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens in this state and that the employer will not intentionally or knowingly employ an unauthorized alien in this state. The court shall order the appropriate agencies to suspend all licenses subject to this subdivision that are held by the employer if the employer fails to file a signed sworn affidavit with the county attorney within three business days after the order is issued. All licenses that are suspended under this subdivision for failing to file a signed sworn affidavit shall remain suspended until the employer files a signed sworn affidavit with the county attorney. For the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business. On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection G of this section. 2. For a second violation, as described in paragraph 3 of this subsection, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer's primary place of business. On receipt of the order and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses. 3. The violation shall be considered: (a) A first violation by an employer at a business location if the violation did not occur during a probationary period ordered by the court under this subsection or section 23-212, subsection F for that employer's business location. (b) A second violation by an employer at a business location if the violation occurred during a probationary period ordered by the court under this subsection or section 23-212, subsection F for that employer's business location. G. The attorney general shall maintain copies of court orders that are received pursuant to subsection F of this section and shall maintain a database of the employers and business locations that have a first violation of subsection A of this section and make the court orders available on the attorney general's website. H. On determining whether an employee is an unauthorized alien, the court shall consider only the federal government's determination pursuant to 8 United States Code section 1373(c). The federal government's determination creates a rebuttable presumption of the employee's lawful status. The court may take judicial notice of the federal government's determination and may request the federal government to provide automated or testimonial verification pursuant to 8 United States Code section 1373(c). I. For the purposes of this section, proof of verifying the employment authorization of an employee through the e-verify program creates a rebuttable presumption that an employer did not intentionally employ an unauthorized alien. J. For the purposes of this section, an employer that establishes that it has complied in good faith with the requirements of 8 United States Code section 1324a(b) establishes an affirmative defense that the employer did not intentionally employ an unauthorized alien. An employer is considered to have complied with the requirements of 8 United States Code section 1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements. K. It is an affirmative defense to a violation of subsection A of this section that the employer was entrapped. To claim entrapment, the employer must admit by the employer's testimony or other evidence the substantial elements of the violation. An employer who asserts an entrapment defense has the burden of proving the following by a preponderance of the evidence: 1. The idea of committing the violation started with law enforcement officers or their agents rather than with the employer. 2. The law enforcement officers or their agents urged and induced the employer to commit the violation. 3. The employer was not predisposed to commit the violation before the law enforcement officers or their agents urged and induced the employer to commit the violation. L. An employer does not establish entrapment if the employer was predisposed to violate subsection A of this section and the law enforcement officers or their agents merely provided the employer with an opportunity to commit the violation. It is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identity. The conduct of law enforcement officers and their agents may be considered in determining if an employer has proven entrapment. 23-213. Employer actions; federal or state law compliance This article shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal or state law. 23-214. Verification of employment eligibility; e-verify program; economic development incentives; list of registered employers A. After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer. B. In addition to any other requirement for an employer to receive an economic development incentive from a government entity, the employer shall register with and participate in the e-verify program. Before receiving the economic development incentive, the employer shall provide proof to the government entity that the employer is registered with and is participating in the e-verify program. If the government entity determines that the employer is not complying with this subsection, the government entity shall notify the employer by certified mail of the government entity's determination of noncompliance and the employer's right to appeal the determination. On a final determination of noncompliance, the employer shall repay all monies received as an economic development incentive to the government entity within thirty days of the final determination. For the purposes of this subsection: 1. "Economic development incentive" means any grant, loan or performance-based incentive from any government entity that is awarded after September 30, 2008. Economic development incentive does not include any tax provision under title 42 or 43. 2. "Government entity" means this state and any political subdivision of this state that receives and uses tax revenues. C. Every three months the attorney general shall request from the United States department of homeland security a list of employers from this state that are registered with the e-verify program. On receipt of the list of employers, the attorney general shall make the list available on the attorney general's website. 23-215. Employment eligibility; e-verify program; false documents; violation; classification (Caution: 1998 Prop. 105 applies) A. Any natural person who is not lawfully present in the United States shall not knowingly submit false information or documents to an employer to evade detection of employment eligibility under the e-verify program. B. Any natural person who violates subsection A of this section is guilty of a class 1 misdemeanor, except that it is a class 6 felony if the person has been previously convicted of a violation of this section. The person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served a term of incarceration as determined by the court. 23-216. Independent contractors; applicability For the purposes of this article, independent contractor status applies to an individual who performs services and is not an employee pursuant to section 3508 of the internal revenue code. 23-230. Definitions In this article, unless the context otherwise requires: 1. "Automatic elevator" means a passenger or freight lift operated by push buttons so that the starting, moving, leveling, holding and opening and closing of the doors is entirely automatic. 2. "Clay construction product" means brick, hollow structural tile, sewer pipe, refractories, architectural terra cotta, glazed structural tile, roofing tile, stove lining, chimney pipes and tops, wall coping and drain tile. 3. "Construction" means building, altering, repairing, adding to, subtracting from, improving, moving, wrecking or demolishing a building, highway, road, railroad, excavation or other structure, project, development or improvement, including the erection and use of scaffolding or a similar structure and providing mechanical or structural service for a structure, project, development or improvement. 4. "Elevator" means a power-driven hoisting or lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. Elevator does not include dumbwaiters. 5. "Explosive" means ammunition, black powder, blasting caps, fireworks or any substance or combination of substances commonly used for the purpose of detonation and which, on exposure to any external force or condition, is capable of a relatively instantaneous release of gas and heat. 6. "Hazardous agricultural chemicals" means any substance that has a toxicity level that requires manufacturer or distributor labeling as category I, category II and category III toxicity in accordance with the regulations adopted by the administrator pursuant to the federal environmental pesticide control act of 1972, as amended. 7. "Logging" means felling timber, bucking or converting timber into logs, poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts or similar products, collecting, skidding, yarding, loading, transporting and unloading such products, constructing, repairing and maintaining roads, railroads, flumes or camps used in connection with logging, moving, installing, rigging and maintenance of machinery or equipment used in logging, operation of a sawmill, lath mill, shingle mill or cooperage stock mill in connection with the storing of logs and bolts, converting logs or bolts into sawed lumber, laths, shingles or cooperage stock and storing, drying and shipping lumber, laths, shingles and cooperage stock or other products of such mills. 8. "Manufacturing" means designing, assembling, fabricating, producing, constructing or preparing a product or part of a product before sale or use. 9. "Mine or quarry" means an underground or surface rock or mineral extracting, placer, dredging or bore-hole operation including all grinding and metal mills, washer plants and any other cutting, crushing, grinding, screening, sizing, washing or cleaning operation performed on extracted rocks or minerals. 10. "Motor vehicle" means an automobile, truck, truck tractor, trailer, semitrailer, motorcycle or similar vehicle propelled or drawn by mechanical power and designed for use as a means of transportation. Motor vehicle does not include a vehicle operated exclusively on rails. 11. "Outside helper" means a person who rides on a motor vehicle other than in the driver or passenger compartment for the purpose of transporting, loading or unloading items. 12. "Power-driven bakery machine" means a horizontal or vertical dough mixer, batter mixer, bread dividing, rounding or molding machine, dough brake, dough sheeter, combination bread slicing and wrapping machine, cake cutting band saw, cookie machine or cracker machine. 13. "Power-driven hoist" means an apparatus for raising or lowering a load by the application of a pulling or pushing force including a crane, derrick or forklift. Power-driven hoist does not include an elevator or an automatic elevator. 14. "Power-driven meat processing machine" means a meat patty forming machine, meat and bone cutting saw or knife, head splitter, guillotine cutter, snout puller, jaw puller, skinning machine, horizontal rotary washing machine, casing cleaning machine, grinding, mixing, chopping and hashing machines and meat presses. 15. "Power-driven metal working, forming, punching or shearing machine" means a machine, other than machine tools, which changes the shape of or cuts metal by means of dies, rolls, knives or similar tools which are mounted on rams, plungers or other moving parts. 16. "Power-driven paper products machine" means a platen die-cutting press, platen printing press, punch press which involves hand feeding of the machine, arm-type wirestitcher or stapler, circular or band saw, corner cutter or mitering machine, corrugating and single or double-lacing machine, envelope die-cutting press, guillotine paper cutter or shear, horizontal bar scorer, laminating or combining machine, sheeting machine, scrap paper baler or vertical slotter or other machine used in the remanufacture or conversion of paper or pulp into a finished product. 17. "Power-driven woodworking machine" means a fixed or portable machine or tool driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, assembling, pressing or printing wood or veneer. 18. "Processing" means an activity involving an addition to, subtraction from, change in or cleaning of any food or foodstuff including filleting fish, dressing poultry or cracking nuts. 19. "Radiation" means ionizing radiation including gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays. 20. "Radioactive substance" means a solid, liquid or gaseous material or materials that spontaneously emit radiation. 21. "Roofing" means all work performed in connection with the application of weatherproofing materials and substances, including tar, pitch, asphalt, prepared paper, tile, slate, metal, translucent materials and shingles of asbestos, asphalt or wood, to roofs of buildings and other structures. Roofing includes all work performed in connection with installation of roofs, including related metal work, and alterations, additions, maintenance and repair including painting and coating of roofs. 22. "Silica refractory products" means items produced from raw materials and containing free silica as their main constituent. 23. "Warehousing" means loading, unloading, storing or otherwise moving any item or items to and from trucks, railroad cars, conveyors and buildings. 24. "Wrecking, demolition and shipbreaking" means all work, including cleanup and salvage work, performed on or at the site of the total or partial razing, demolishing or dismantling of a building, bridge, steeple, tower, chimney, other structure, motor vehicle, ship or other vessel. 23-231. Prohibited employments of persons under the age of eighteen 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 establishment manufacturing or storing explosives, except a retail establishment if the employment does not include any handling of explosives other than prepackaged small arms ammunition. In this paragraph "small arms ammunition" means ammunition not exceeding .60 caliber in size, shotgun shells or blasting caps. 2. Occupations as a motor vehicle driver or outside helper, except for driving incidental to employment if the person has a valid license for operation of the vehicle and either: (a) The total driving time does not exceed two hours per day or twenty-five per cent of the work period per day. (b) The total mileage driven is fewer than fifty miles per day. 3. Mine or quarry occupations. 4. Logging occupations. 5. Occupations involving the operation, setup, repair, adjustment, oiling or cleaning of a power-driven woodworking machine. 6. Occupations involving exposure to radioactive substances and to radiation in excess of 0.5 rem per year. 7. Occupations involving the operation or assistance in the operation of a power-driven hoist with a capacity exceeding one ton or an elevator, except operation of an automatic elevator incidental to employment. 8. Occupations involving the operation of a power-driven metal working, forming, punching or shearing machine. 9. Occupations involving slaughtering, meat packing, processing or rendering of meat or the operation, setup, repair, adjustment, oiling or cleaning of a power-driven meat processing machine. 10. Occupations involving the operation of a power-driven bakery machine. 11. Occupations involving the operation of a power-driven paper products machine. 12. Occupations involving the manufacture of clay construction products or silica refractory products. 13. Occupations involving the operation of a power-driven saw. 14. Occupations involving wrecking, demolition and ship-breaking operations. 15. Occupations involving roofing operations or equipment attached to or placed on roofs. 16. Occupations in excavation or tunnel operations, except manual excavation, backfilling or working in trenches or other penetrations of the ground surface that do not exceed two feet in depth at any point. B. The industrial commission may by regulation declare other occupations to be dangerous to lives or limbs or injurious to the health and morals of persons under the age of eighteen years and prohibit the employment or allowance to work in, about or in connection with the occupations by such persons unless a variance is granted. 23-232. Prohibited employments of persons under the age of sixteen 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 years to work in, about or in connection with: 1. Manufacturing. 2. Processing. 3. Laundering or dry cleaning in a commercial laundry. 4. Warehousing. 5. Construction. 6. Boiler, furnace or engine rooms. 7. Occupations, including window washing, involving work from a ladder, scaffold, window sill or similar structure or place more than five feet in height. 8. Any of the following activities in a retail food or gasoline service establishment: (a) Maintenance or repair of machines or equipment of the establishment, except work in connection with cars and trucks if confined to dispensing gasoline and oil, courtesy service, car cleaning, washing and polishing but not including work involving the inflation of any tire mounted on a rim equipped with a removable retaining ring. (b) Cooking and baking, except at soda fountains, lunch counters, snack bars or cafeteria serving counters. (c) Setting up, adjusting, cleaning, oiling or repairing power-driven food slicers, grinders, choppers and cutters. (d) All work in preparation of meats for sale, except wrapping, sealing, labeling, weighing, pricing and stocking. 9. Any of the following activities in agriculture: (a) Operating a tractor over twenty power take off horsepower that is not equipped with a rollover protective structure and seatbelts. (b) Connecting or disconnecting an implement or any of its parts to or from a tractor over twenty power take off horsepower. (c) Operating a corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato harvester, mobile pea viner, feed grinder, crop dryer, forage blower, auger conveyor or self-unloading wagon, power post hole digger, power-driven nonwalking rotary type tiller, trencher or earthmoving equipment or potato combine. In this subdivision "operating" means starting, stopping, adjusting, feeding or any other activity regarding physical conduct associated with such machines and machinery. (d) Working in a pen occupied by a bull, boar or stud horse maintained for breeding purposes, a sow with young pigs or a cow with a newborn calf. (e) Felling, bucking, skidding or unloading timber with butt more than six inches in diameter. (f) Picking or pruning from a ladder over eight feet in height. (g) Riding on a tractor as a helper or driving a bus, truck or automobile. (h) Working inside a fruit storage area or grain storage area designed to retain an oxygen deficient or toxic atmosphere, an upright silo within two weeks after silage has been added, a manure pit or operating a tractor for packing purposes in a horizontal silo. (i) Handling hazardous agricultural chemicals. (j) Handling explosives. (k) Transporting, transferring or applying anhydrous ammonia. B. The industrial commission may by regulation declare any other occupation to be dangerous to lives or limbs or injurious to the health and morals of persons under sixteen years of age and prohibit the employment or allowance to work in, about or in connection with the occupations by such persons unless a variance is granted. 23-233. Permissible hours of labor for persons under the age of sixteen; exceptions; definition 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 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. B. A person shall not employ persons under the age of sixteen at night nor shall they be employed in solicitation sales or deliveries on a door-to-door 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. C. The provisions of this section do not apply to persons who deliver newspapers to a consumer. D. For the purpose of this section, "night" means: 1. On a day preceding a day when school is in session, those hours beginning at 9:30 p.m. and continuing until 6:00 a.m. on the succeeding day. 2. On a day preceding a day when school is not in session, those hours beginning at 11:00 p.m. and continuing until 6:00 a.m. on the succeeding day. 23-234. Minimum age of newspaper carriers 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. 23-235. Exemptions A. Sections 23-231, 23-232 and 23-233 do not apply to persons: 1. Employed by a grandparent, brother, sister, aunt, uncle, first cousin, stepparent or parent, including a relative of the same degree through marriage or adoption, or person in loco parentis in occupations in which the grandparent, brother, sister, aunt, uncle, first cousin, stepparent or parent or person in loco parentis owns at least ten percent of the employing organization and such owner is actively engaged in the daily operation of the organization, if either: (a) The person is under eighteen years of age and is not engaged in manufacturing or mining occupations. (b) The person is between sixteen and eighteen years of age and is engaged in manufacturing or mining occupations. 2. Employed as stars or performers in motion picture, theatrical, radio or television productions if before the beginning of production the production company provides the department of labor of the industrial commission with the name and address of the person, the length, location and hours of employment and any other information required by the department. 3. Involved in career education programs. 4. Involved in vocational or technical training school programs pursuant to title 15, chapter 7, article 5. 5. Employed as apprentices and registered by the bureau of apprenticeship and training of the United States department of labor in accordance with the standards established by that bureau or registered by the apprenticeship council or employed under a written apprenticeship agreement and conditions that are found by the secretary of labor to conform substantially with such federal or state standards. 6. Trained under either the 4-H federal extension service or the United States office of education vocational agriculture training programs, if employed outside school hours on the equipment for which they have been trained. 7. Who have completed vocational or career education programs approved by the department of education if the programs are directly related to the prohibited occupation or employment or if working in the prohibited occupation is part of the vocational or career education program. 8. Who are married. 9. Who have a high school diploma or its equivalent. 10. Who are minors and who have been emancipated pursuant to title 12, chapter 15. B. Sections 23-231 and 23-232 do not apply to: 1. The operation of power-driven equipment used in the care and maintenance of lawns and shrubbery not connected to retail, food service and gasoline service establishments. 2. Clerical employment in an office in which duties are performed without exposure to the hazards described or defined in this article. 23-236. Cease and desist order; time for compliance; civil penalty A. When the commission has reasonable cause to believe that any person is violating any provision of this article or any rule or regulation adopted pursuant to this article it may forthwith serve upon such person by registered or certified mail or in person a cease and desist order. Such order shall state with particularity the act being done that constitutes the violation, shall state in its entirety the certain requirement, provision or rule or regulation being violated, and that the alleged violator is entitled to a hearing if such hearing is requested in writing within twenty days after the date of issuance of the order. B. The cease and desist order shall include a civil penalty of not more than one thousand dollars against the person named in the order. The civil penalty is payable to the general fund. 23-237. Hearings on cease and desist orders 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 person or persons named in such order have made a timely request for a hearing before the commission. The commission may refer the request for hearing to an administrative law judge for the conduct of the hearing. If a hearing is requested, the hearing shall be held thirty days from receipt of the request unless such time is extended by the commission or the administrative law judge to which it is assigned. Written notice of the time and place of the hearing shall be sent by the commission or the administrative law judge to the person or persons requesting the hearing at least fifteen days before the hearing. Such hearing shall be conducted pursuant to title 41, chapter 6, article 6. B. If the commission, after the hearing, determines that the act or acts set forth in the cease and desist order constitute a violation of any provision of this article or of the rules adopted pursuant to this article, the commission shall affirm or modify the order accordingly. C. The order issued by the commission after the hearing is final unless within thirty days after the date of mailing of a copy of such order to the person named in the order such person applies to the court of appeals for a writ of certiorari pursuant to section 23-951. The order shall contain a statement of this right of appeal. 23-238. Injunctive relief 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 occurred to restrain and enjoin the person from engaging in further acts violating the order. The court shall proceed as in other actions for injunctions. In the preliminary hearing in an action for an injunction or restraining order brought pursuant to this article, any findings of the commission shall be prima facie evidence of the fact or facts found therein until rebutted. 23-239. Violation; classification Any person who violates any provision of this article is guilty of a class 2 misdemeanor. 23-240. Rules and regulations The commission shall promulgate such rules and regulations as are necessary to carry out the provisions of this article. 23-241. Application for variation; contents; notice; denial; hearing 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 labor of the industrial commission containing the following information: 1. The name and address of the firm, the name and title of the person filing the application, the name and date of birth of the person under the age of eighteen years and the name and address of the school the person under the age of eighteen years is attending if the person is attending school. 2. The address of the place of employment involved and the type of business. 3. A specific description of the variation, modification or renewal sought. 4. A statement detailing how the granting of the variation would be in the best interests of the person under the age of eighteen years and the community. 5. A statement indicating any training the person under the age of eighteen years has received in the proposed employment, including a copy of certification of successful completion of any training program. 6. The maximum hours to be worked in the employment on a daily and weekly basis. 7. The scale of wages and the method and timing of payment of wages. 8. A statement of how the safety, health and personal well-being of the person under the age of eighteen years would be protected. 9. The name of the immediate supervisors and the frequency of supervision. 10. The approval of the parent or guardian. B. The director, after conducting an investigation and evaluation of the jobsite and application, shall notify the parties concerned by mail of the granting of a variation, modification or renewal including any prescribed terms and conditions. C. If a variation is granted, the employer shall retain a copy of the variation at the place of employment of the person under the age of eighteen years. D. The director may decline to consider an application for a variation on a subject, issue or employer if a cease and desist order has been issued or an investigation is proceeding. E. On denial of a variation, modification or renewal by the director, the applicant may request a hearing by the industrial commission. The industrial commission shall conduct the hearing pursuant to title 41, chapter 4, article 1. 23-242. Applicability of other laws 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 this article are applicable, the law with the higher standard governs. 23-281. Operation of certain railroad employers on prescribed time No railroad employer of two hundred fifty or more persons may operate business on other than the time as prescribed in section 1-242. 23-282. Underground mine employees and hoisting engineers; twelve hour day; exceptions; violation; classification A. The period of employment for all persons employed or engaged in mining activities in underground mines or underground workings or as hoisting engineers at underground mines shall not exceed twelve hours within any twenty-four hour period and the twelve hours shall include the time used in descending to and ascending from the point or place of work in an underground mine or underground workings place of work. B. The period of employment prescribed in subsection B may be deviated from in the following instances: 1. In an emergency, where life or property is in imminent danger, the period of labor prescribed in subsection B may be prolonged during the continuance of the emergency. 2. The hours of employment may be changed from one part of the day to another at stated periods, the change not to occur more than once in any two weeks, and the employment may be for more than twelve hours during the day in which the change is made. 3. If the employer has adopted a policy of longer periods of employment based on a collective bargaining agreement between the employer and one or more labor organizations representing one or more affected employees that expressly authorizes longer periods of employment, but in no event longer than twelve hours in any twenty-four hour period, subject to compliance with the terms and conditions for implementing periods of employment in excess of eight hours as set forth in the collective bargaining agreement. For purposes of this paragraph, "affected employees" means all or any group of employees of the employer, regardless of whether or not the employees are members of a labor organization, whose periods of employment are limited pursuant to subsection B of this section. C. Any person violating any provision of this section, and any person who, as foreman, manager, superintendent, director, or officer of a corporation, or as employer or superior officer of any person, knowingly commands, persuades, or allows any person to violate any provision of this section is guilty of a class 2 misdemeanor. D. Each day this section is violated constitutes a separate offense. 23-284. Laundry workers; exceptions; posting notice of hours of labor; arrangement of laundry rooms; violation; classification A. No person shall be employed or permitted to work in the laundry department in a laundry establishment more than eight hours in any one day except when necessary to make repairs to prevent interruption of the ordinary running of the machinery or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week, or unless it appears that the employment is to make up fo