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[ ] Yes [ ]No

Ars†23-352 withholding of wages

Does the district prohibit withholding or diverting of any portion of an employee's wages unless one of the following applies?

The district is required or empowered to do so by state or federal law.

The district has prior written authorization from the employee.

There is a reasonable good faith dispute as to the amount of wages due including the amount of any counterclaim or any claim of debt, reimbursement, recoupment or setoff asserted by the district against the employee.

When an employee quits the service of the district, is he/she paid in the usual manner all wages due no later than the regular payday for the pay period during which the termination occurred, and if requested by the employee, are such wages paid by mail?

Is payment of wages or compensation due an employee under this section in lawful money of the United States by negotiable check, draft, money order or warrant which can be immediately redeemed in cash at a bank or other financial institution, payable on demand or by deposit in a financial institution of employee's choice and dated not later than the day upon which the check, draft, money order or warrant is given and not otherwise?

[ ] Yes [ ]No

Ars†23-391 overtime pay: work week

If the district Governing Board determines that, under federal law, an employee is serving in a position that is eligible for overtime compensation, and subject to availability of funds, is such compensation provided at the following rates:

1. One and one-half times the regular rate at which such person is employed or

2. One and one-half hours of compensatory time off for each hour worked

If federal law does not mandate overtime compensation, the employee shall receive the regular rate of pay or compensatory leave on an hour for hour basis at the discretion of the Governing Board.

If the district provides for a work week of 40 hours in less than five days for certain classes of employees, is it done by action of the district Governing Board?

[ ] Yes [ ]No

Ars†23-403 employer's duty

Does the district furnish to each employee, 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 to the employee?

Does the district comply with the occupational safety and health standards and all regulations and orders issued by the Division of Occupational Safety and Health?

[ ] Yes [ ]No

Ars†23-408 inspection of places and practices of employment; employee initiation of investigation; violation; penalty; injunction

Does the district permit representatives of the Division of Occupational Safety and Health, upon presentation of credentials, to inspect places of employment, question employees and investigate conditions, practices or matters in connection with employment, at reasonable times, to determine violations or enforce Occupational Safety and Health provisions?

[ ] Yes [ ]No

Ars†23-425 employee discharge or discrimination

Does the district ensure that it does not discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify on behalf of himself or others regarding any proceeding against the district?

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Source:  OpenStax, Arizona school law review, 2nd edition. OpenStax CNX. Oct 11, 2011 Download for free at http://cnx.org/content/col11365/1.2
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