Section R20-5-1202. Definitions

In this Article, the definitions of A.R.S. § 23-362 (version two) apply. In addition, unless the context otherwise requires:

1.        “Act” means the Raise the Arizona Minimum Wage for Working Arizonans Act, as added by 2006 Proposition 202, § 2.

2.        “Affected employee” means an employee or employees on whose behalf a complaint may be filed alleging a vio- lation under the Act.

3.        “Authorized representative” means a person prescribed by law to act on behalf of a party who files with the Department a written instrument advising of the person’s authority to act on behalf of the party.

4.        “Casual Basis,” when applied to babysitting services, means employment which is irregular or intermittent.

5.        “Commission” means monetary compensation based on:

a.        A percentage of total sales,

b.        A  percentage   of  sales  in  excess  of  a  specified amount,

c.        A fixed allowance per unit, or

d.        Some  other  formula  the  employer  and   employee agrees as a measure of accomplishment.

6.        “Complainant” means a person or organization filing an administrative complaint under the Act.

7.        “Department” means the Labor Department of the Indus- trial Commission of Arizona or other authorized division of the Industrial Commission as designated by the Indus- trial Commission.

8.        “Filing” means receipt of a report, document, instrument, videotape, audiotape, or other written matter at an office of the Department.

9.        “Hours worked” means all hours for which an employee covered under the Act is employed and required to give to the employer, including all time during which an employee is on duty or at a prescribed work place and all time the employee is suffered or permitted to work.

10.     “Minimum wage” means the lowest rate of monetary compensation required under the Act.

11.     “Monetary compensation” means cash or its equivalent due to an employee by reason of employment.

12.     “On duty” means time spent working or waiting that the employer controls and that the employee is not permitted to use for the employee’s own purpose.

13.     “Tip” means a sum a customer presents as a gift in recog- nition of some service performed, and includes gratuities. The sum may be in the form of cash, amounts paid by bank check or other negotiable instrument payable at par, or amounts the employer transfers to the employee under directions from a credit customer who designates an amount to be added to a bill as a tip. Gifts in forms other than cash or its equivalent as described in this definition, including theater tickets, passes, or merchandise, are not tips.

14.     “Violation” means a transgression of any statute or rule, or any part of a statute or rule, including both acts and omissions.

15.     “Willfully” means acting with actual knowledge of the requirements of the Act or this Article, or acting with reckless disregard of the requirements of the Act or this Article.

16.     “Workday” means any fixed period of 24 consecutive hours.

17.     “Workweek” means any fixed and regularly recurring period of seven consecutive workdays.

Historical Note

New Section made by emergency rulemaking at 13

A.A.R. 473, effective January 25, 2007 for 180 days (Supp. 07-1). Emergency renewed at 13 A.A.R. 2785, effective July 17, 2007 for 180 days (Supp. 07-3). New Section made by final rulemaking at 13 A.A.R. 4315,

effective January 13, 2008 (Supp. 07-4).