Agricultural workers are covered by the state minimum wage, with some exceptions. A.R.S. § 23-362 (A). “Agricultural labor” is an excluded “occupation” for purposes for the article governing Minimum Wages for Minors.
Who is exempt from overtime law in Arizona?
Because of the nature of the work environment and working hours required by certain careers, there are a wide variety of specific exemptions to Arizona overtime eligibility. Out of an estimated 120 million workers in America, almost 50 million are exempt from overtime law.
What are the labor laws for agricultural workers?
Finally, most agricultural employers, agricultural associations, and farm labor contractors are subject to another statute, also administered by the Wage and Hour Division — the Migrant and Seasonal Agricultural Worker Protection Act.
Do agricultural workers have to pay minimum wage?
Although exempt from the overtime requirements of the FLSA, agricultural employees must be paid the federal minimum wage (unless exempt from minimum wage as noted above). There are numerous restrictions on the employment of minors less than 16 years of age, particularly in occupations declared hazardous by the Secretary of Labor.
How do I get an exemption from the Arizona Commerce Authority?
To qualify for this exemption, the qualified business must obtain and present its certification from the Arizona commerce authority at the time of purchase. 23.
Are farmers included in labor force?
The agricultural labor force in California includes farmers, managers, consultants and other technical service providers as well as many relatively low wage hired farm workers.
Why are agricultural workers not covered by NLRA?
The NLRA protects this bargaining process and the parties involved. Agricultural laborers are one of only two classes of workers excluded from the protection of the NLRA. NLRA because of their exclusion from the definition of “employee,” there is no mention that agricultural laborers are forbidden from forming unions.
What is agricultural employee?
The Internal Revenue Service’s classification of “Agricultural Employees” includes farm workers that raise or harvest agricultural or horticultural products on a farm, including raising livestock.
Who are agricultural workers under labor code?
(f) “Plantation Agricultural Workers” means those agricultural workers employed in any plantation or agricultural enterprise with an area of more than 24 hectares in a locality or which employs at least 20 workers. All other agricultural workers are considered non-plantation agricultural workers.
Who is exempt from NLRA?
Excluded from coverage under the NLRA are public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for …
Who are excluded in the coverage of the Labor Code?
Article 82 of the Labor Code states that employees under all establishments and undertakings need to complete a certain set of working hours, except: Government employees. Managerial employees.
What type of work is agriculture?
What are agriculture careers? Agriculture careers are professionals paths related to farming, cultivation and animal husbandry. These career paths involve everything from growing crops and nurturing the soil to raising livestock like cattle, pigs and chickens.
What is a 943 employee?
Employers who paid wages to agricultural employees that are subject to income tax, social security or Medicare withholding must file a Form 943, Employer’s Annual Federal Tax Return for Agricultural Employees to report those wages.
What is considered agricultural?
Agriculture includes farming in all its branches when performed by a farmer or on a farm as an incident to or in conjunction with such farming operations. Virtually all employees engaged in agriculture are covered by the Act in that they produce goods for interstate commerce.
What is non agricultural worker?
NON-AGRICULTURAL. (Includes private hospitals, educational institutions security. agencies, janitorial services and retail / service establishments. employing more than 30 workers)
What is non plantation agriculture?
All other agricultural workers not included in the definition of plantation agricultural workers are considered non- plantation agricultural workers. l. “RETAIL ESTABLISHMENT” is one open to the general consuming public, principally engaged in the sale of goods to end users for personal or household use.
What is Article 284 of the Labor Code?
Under Article 284 of the Labor Code, among the grounds for termination of employment are when an employee is found to be suffering form any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as the health of his co-employees.
What is required to be an agricultural exemption?
Applicants must complete an agricultural exemption form and provide appropriate evidence for eligibility in order to be granted exempt status. Physical inspections may be conducted to substantiate the use as agricultural.
How to demonstrate eligibility for agricultural exemption?
Applicants must demonstrate eligibility for an agricultural exemption by producing verifiable evidence of active commercial agricultural status. The following are examples of documents that are helpful in establishing that claim:
How many acres are in an agricultural tract?
Agricultural land, for purposes of such exemptions, shall be defined as “a tract containing a minimum of five contiguous commercial acres which is being used for the production of farm, garden, or orchard crops, or the grazing or raising of farm animals, including feeding pens that are incidental and subordinate to a grazing operation.”.
Do you need a permit for an agricultural improvement?
In addition, any improvements that are not incidental to the exempted agricultural use must comply with all applicable regulations and will require building permits to construct. For information on agricultural status for property tax purposes, please contact the County Assessor’s Office.
What are the exemptions for minimum wage?
Additional exemptions from the minimum wage and overtime provisions of the Act for agricultural employees apply to the following: 1 Agricultural employees who are immediate family members of their employer 2 Those principally engaged on the range in the production of livestock 3 Local hand harvest laborers who commute daily from their permanent residence, are paid on a piece rate basis in traditionally piece-rated occupations, and were engaged in agriculture less than thirteen weeks during the preceding calendar year 4 Non-local minors, 16 years of age or under, who are hand harvesters, paid on a piece rate basis in traditionally piece-rated occupations, employed on the same farm as their parent, and paid the same piece rate as those over 16.
What is FLSA in agriculture?
The FLSA is the federal law which sets minimum wage, overtime, recordkeeping, and child labor standards. Agriculture includes farming in all its branches when performed by a farmer or on a farm as an incident to or in conjunction …
What is joint employment in agriculture?
Joint employment means that both the contractor and the farmer are responsible for complying with the minimum wage, overtime, recordkeeping and youth employment provisions of the law. If either party fails to comply with the law both parties may be held liable.
How many man days are required for FLSA?
Any employer in agriculture who did not utilize more than 500 “man days” of agricultural labor in any calendar quarter of the preceding calendar year is exempt from the minimum wage and overtime pay provisions of the FLSA for the current calendar year. A “man day” is defined as any day during which an employee performs agricultural work for at least one hour.
How old do you have to be to be a hand harvester?
Non-local minors, 16 years of age or under, who are hand harvesters, paid on a piece rate basis in traditionally piece-rated occupations, employed on the same farm as their parent, and paid the same piece rate as those over 16.
Who is exempt from overtime pay?
There are, however, some exemptions which exempt certain employees from the minimum wage provisions, the overtime pay provisions, or both. Employees who are employed in agriculture as that term is defined in the Act are exempt from the overtime pay provisions.
Does agriculture include work performed on a farm?
Agriculture does not include work performed on a farm which is not incidental to or in conjunction with such farmer’s farming operation. It also does not include operations performed off a farm if performed by employees employed by someone other than the farmer whose agricultural products are being worked on.
What is the right of an agricultural worker?
§ 23-1383, agricultural employees have the right to self-organization, to bargain directly for themselves, and to form and join or assist labor organizations to bargain collectively through representatives of their own free choosing, or to engage in lawful concerted activity for the purpose of collective bargaining or other mutual aid or protection. Moreover, each such employee has the right, without interference from any source, to refrain from any and all of these activities.
What is an agricultural employment relations board?
§ 23-1386, an agricultural employment relations board is established that consists of seven members appointed by the governor. Members include representatives of agriculture employers, organized agricultural labor and the general public. The board may prosecute any inquiry necessary to its functions in any part of Arizona. The board may establish offices in such other cities as it deems necessary and shall determine the region to be served by such offices. The board may delegate to the heads of these offices as it deems appropriate its powers under A.R.S. § 23-1389 to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, to determine whether a question of representation exists and to direct an election by a secret ballot and to certify, within a reasonable period of time, the results of such election. The board may review any action taken pursuant to the authority delegated by any regional officer on a request for a review of such action filed with the board by any interested party. Any such review made by the board, unless specifically ordered by the board, does not operate as a stay of any action taken by the regional officer. The entire record considered by the board in considering on any such request or review shall be made available to all parties before the consideration or action, and the board’s findings and action thereon shall be published as a decision of the board [iv].
What is the purpose of A.R.S. 3-3104?
§ 3-3104, each employer shall furnish to each of his or her employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm. Each employer shall comply with agricultural safety and health standards and all rules and orders.
Can an agricultural employer be prohibited from allowing employees to confer with him or her during working hours without loss of time or?
An agricultural employer shall not be prohibited from permitting employees to confer with him or her during working hours without loss of time or pay. 3) To encourage or discourage membership in any labor organization by discrimination in regard to hiring or tenure of employment or any term or condition of employment.
Is wireless equipment taxable?
41. Wireless telecommunications equipment that is held for sale or transfer to a customer as an inducement to enter into or continue a contract for telecommunications services that are taxable under section 42-5064.
Is tangible property tax exempt from 501cc?
Tangible personal property sold by a nonprofit organization that is exempt from taxation under section 501 (c) (6) of the internal revenue code if the organization produces, organizes or promotes cultural or civic related festivals or events and no part of the organization’s net earnings inures to the benefit of any private shareholder or individual.
First off, your employees are covered
According to Arizona workers’ comp law, all your full-time and part-time employees are included in your policy —that is, workers’ comp covers them unless they explicitly reject coverage by filling out a form or by providing another kind of written notice.
Is your business a corporation?
If your business is organized as a corporation, your corporate officers will automatically be included in your workers’ comp policy—unless they’re inactive.
Is your business a sole proprietorship?
If you are a sole proprietor, you are automatically excluded from a workers’ comp policy.
What about a partnership?
Great question. Business partners are automatically excluded from your workers’ comp policy, but they can get coverage by providing a clear, written notice stating that they wish to be covered.
Is your business a Limited Liability Company (LLC)?
If it is, members of your LLC are automatically included in your workers’ comp policy, but, as with the other categories, they can reject their coverage by filling out a form or providing written notice.
FAQ: What if someone rejects coverage but then changes their mind?
They can do that (within certain legal limits). They’ll need to fill out Form 0114, Employee’s Notice to Revoke Rejection of Terms of the Arizona Workers’ Compensation Law, and file it with you. After they file the form, you must forward it to your insurance carrier within 5 days of receipt.
Who is exempt from overtime in Arizona?
External salespeople (who often set their own hours) are also exempted from AZ overtime requirements, as are some types of computer-related workers. Independent contractors, who are not considered legal employees, are also exempt from overtime law. Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers.
What is the minimum wage in Arizona?
Therefore, Arizona’s overtime minimum wage is $18.23 per hour, one and a half times the regular Arizona minimum wage of $12.15 per hour. If you earn more then the Arizona minimum wage rate, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked.
What are exempt positions in FLSA?
Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers. In order to determine if a job is exempt from overtime, the FLSA provides a series of tests to determine the overtime eligibility of an employee based on pay rate, working conditions, skill level, …
What is an executive overtime exemption?
Executive Overtime Exemptions. Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. You must spend no more then 20% of your time doing other activities (or 40% in a retail environment), and your job should be a salaried position.
How many people are exempt from overtime?
Out of an estimated 120 million workers in America, almost 50 million are exempt from overtime law. Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13 (a) (1) of the Fair Labor Standards Act .
What is an administrative position?
Your job is classified as an Administrative position if your primary duty is non-manual work related to business operations, management policies, or administrative training. Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment).
Does Arizona have a daily overtime limit?
While some states have daily overtime limit which entitles any employee who works for more then a certain number of hours in a single day to be paid overtime, Arizona does not specify a daily overtime limit.
Definition of Agricultural Worker Under State Law
- Arizona’s “Agricultural Employment Relations” article of the Labor Relations chapter defines “agricultural worker” at ARIZ. REV. STAT. § 23-1382(1).
- For purposes of Arizona’s “Employment Security” chapter of the state’s Labor title, the term “employer,” in the case of agricultural labor, is defined at ARIZ. REV. STAT. § 23-613(B).
- Arizona’s “Agricultural Employment Relations” article of the Labor Relations chapter defines “agricultural worker” at ARIZ. REV. STAT. § 23-1382(1).
- For purposes of Arizona’s “Employment Security” chapter of the state’s Labor title, the term “employer,” in the case of agricultural labor, is defined at ARIZ. REV. STAT. § 23-613(B).
Wages and Overtime
- Minimum Wage
1. Arizona has a state minimum wage law. (A.R.S. § 23-362) 1. Minimum wage is currently $12.15/hour. (A.R.S. § 23-362, Ariz. Admin. Code § R20-5-1201) 2. Cities may elect to enact a higher minimum wage than the state minimum wage. 3. Every year, the minimum wage shall be i… - Overtime
Arizona does not have a state law regarding overtime pay.
Right to Join Unions and Collective Bargaining in Agriculture
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There is no provision (or judicial interpretation of a provision) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or to engage in…
State Legal Services Organizations
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Community Legal Services, Inc. – Farmworker Program http://www.clsaz.org/farmworker.html DNA People’s Legal Services Inc. http://dnalegalservices.org