Arizona Laws 23-365. Reliance on administrative rule or regulation
Terms Used In Arizona Laws 23-365
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Commission: means the industrial commission of Arizona, any successor agency, or such other agency as the governor shall designate to implement this article. See Arizona Laws 23-362; Version 2
- Employer: includes any corporation, proprietorship, partnership, joint venture, limited liability company, trust, association, political subdivision of the state, individual or other entity acting directly or indirectly in the interest of an employer in relation to an employee, but does not include the state of Arizona, the United States, or a small business. See Arizona Laws 23-362; Version 2
- Wage: means monetary compensation due to an employee by reason of employment, including an employee's commissions, but not tips or gratuities. See Arizona Laws 23-362; Version 2
(Added with a 1998 Prop. 105 clause pursuant to L07, Ch. 272)
In any action or proceeding commenced on or after January 1, 2007, an employer or other entity is not liable if the employer or entity fails to pay the minimum wage if the employer or entity proves that the act or omission was in good faith, conformed with and relied on an administrative regulation, order, ruling, approval or interpretation, administrative practice or enforcement policy issued by the commission pursuant to and in accordance with the commission’s authority under this article. This defense, if established, bars the action or proceeding, notwithstanding that after the act or omission, the administrative regulation, order, ruling, approval, interpretation, practice or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid.