Arizona 2023 Regular Session

Arizona Senate Bill SB1619 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: employment relationships; remedies State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1619 Introduced by Senators Gonzales: Mendez An Act amending section 23-1501, Arizona Revised Statutes; relating to employment. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: employment relationships; remedies
10	10	State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
11	11	SB 1619
12	12	Introduced by Senators Gonzales: Mendez
13	13
14	14	REFERENCE TITLE: employment relationships; remedies
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	Senate
27	27
28	28	Fifty-sixth Legislature
29	29
30	30	First Regular Session
31	31
32	32	2023
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	SB 1619
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Senators Gonzales: Mendez
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	An Act
65	65
66	66
67	67
68	68	amending section 23-1501, Arizona Revised Statutes; relating to employment.
69	69
70	70
71	71
72	72
73	73
74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
75	75
76	76
77	77
78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 23-1501, Arizona Revised Statutes, is amended to read: START_STATUTE23-1501. Severability of employment relationships; protection from retaliatory discharges A. The public policy of this state is that: 1. The employment relationship is contractual in nature. 2. The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary setting forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restricting the right of either party to terminate the employment relationship. Both the employee and the employer must sign this written contract, or this written contract must be set forth in the employment handbook or manual or any similar document distributed to the employee, if that document expresses the intent that it is a contract of employment, or this written contract must be set forth in a writing signed by the party to be charged. Partial performance of employment shall not be deemed sufficient to eliminate the requirements set forth in this paragraph. Nothing in This paragraph shall be construed to does not affect the rights of public employees under the Constitution of Arizona and state and local laws of this state or the rights of employees and employers as defined by a collective bargaining agreement. 3. An employee has a claim against an employer for termination of employment only if one or more any of the following circumstances have occurred: (a) The employer has terminated the employment relationship of an employee in breach of an employment contract, as set forth in paragraph 2 of this subsection, in which case the remedies for the breach are limited to the remedies for a breach of contract. (b) The employer has terminated the employment relationship of an employee in violation of a statute of this state. If the statute provides a remedy to an employee for a violation of the statute, the remedies provided to an employee for a violation of the statute are the exclusive remedies for the violation of the statute or the public policy set forth in or arising out of the statute, including the following: (i) The civil rights act prescribed in title 41, chapter 9. (ii) The occupational safety and health act prescribed in chapter 2, article 10 of this title. (iii) The statutes governing the hours of employment prescribed in chapter 2 of this title. (iv) The agricultural employment relations act prescribed in chapter 8, article 5 of this title. (v) The statutes governing disclosure of information by public employees prescribed in title 38, chapter 3, article 9. All definitions and restrictions contained in the statute also apply to any civil action based on a violation of the public policy arising out of the statute. If the statute does not provide a remedy to an employee for the violation of the statute, the employee shall have the right to bring a tort claim for wrongful termination in violation of the public policy set forth in the statute. (c) The employer has terminated the employment relationship of an employee in retaliation for any of the following: (i) The refusal by the employee to commit an act or omission that would violate the Constitution of Arizona or the statutes of this state. (ii) The disclosure by the employee in a reasonable manner that the employee has information or a reasonable belief that the employer, or an employee of the employer, has violated, is violating or will violate the Constitution of Arizona or the statutes of this state to either the employer or a representative of the employer who the employee reasonably believes is in a managerial or supervisory position and has the authority to investigate the information provided by the employee and to take action to prevent further violations of the Constitution of Arizona or statutes of this state or an employee of a public body or political subdivision of this state or any agency of a public body or political subdivision. (iii) The exercise of rights under the workers' compensation statutes prescribed in chapter 6 of this title. (iv) Service on a jury as protected by section 21-236. (v) The exercise of voting rights as protected by section 16-1012. (vi) The exercise of free choice with respect to nonmembership in a labor organization as protected by section 23-1302. (vii) Service in the national guard or armed forces as protected by sections 26-167 and 26-168. (viii) The exercise of the right to be free from the extortion of fees or gratuities as a condition of employment as protected by section 23-202. (ix) The exercise of the right to be free from coercion to purchase goods or supplies from any particular person as a condition of employment as protected by section 23-203. (x) The exercise of a victim's right to leave work as provided in sections 8-420 and 13-4439. B. If the statute provides a remedy to an employee for a violation of the statute, the remedies provided to an employee for a violation of the statute are the exclusive remedies for the violation of the statute or the public policy prescribed in or arising out of the statute. END_STATUTE
79	79
80	80	Be it enacted by the Legislature of the State of Arizona:
81	81
82	82	Section 1. Section 23-1501, Arizona Revised Statutes, is amended to read:
83	83
84	84	START_STATUTE23-1501. Severability of employment relationships; protection from retaliatory discharges
85	85
86	86	A. The public policy of this state is that:
87	87
88	88	1. The employment relationship is contractual in nature.
89	89
90	90	2. The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary setting forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restricting the right of either party to terminate the employment relationship. Both the employee and the employer must sign this written contract, or this written contract must be set forth in the employment handbook or manual or any similar document distributed to the employee, if that document expresses the intent that it is a contract of employment, or this written contract must be set forth in a writing signed by the party to be charged. Partial performance of employment shall not be deemed sufficient to eliminate the requirements set forth in this paragraph. Nothing in This paragraph shall be construed to does not affect the rights of public employees under the Constitution of Arizona and state and local laws of this state or the rights of employees and employers as defined by a collective bargaining agreement.
91	91
92	92	3. An employee has a claim against an employer for termination of employment only if one or more any of the following circumstances have occurred:
93	93
94	94	(a) The employer has terminated the employment relationship of an employee in breach of an employment contract, as set forth in paragraph 2 of this subsection, in which case the remedies for the breach are limited to the remedies for a breach of contract.
95	95
96	96	(b) The employer has terminated the employment relationship of an employee in violation of a statute of this state. If the statute provides a remedy to an employee for a violation of the statute, the remedies provided to an employee for a violation of the statute are the exclusive remedies for the violation of the statute or the public policy set forth in or arising out of the statute, including the following:
97	97
98	98	(i) The civil rights act prescribed in title 41, chapter 9.
99	99
100	100	(ii) The occupational safety and health act prescribed in chapter 2, article 10 of this title.
101	101
102	102	(iii) The statutes governing the hours of employment prescribed in chapter 2 of this title.
103	103
104	104	(iv) The agricultural employment relations act prescribed in chapter 8, article 5 of this title.
105	105
106	106	(v) The statutes governing disclosure of information by public employees prescribed in title 38, chapter 3, article 9.
107	107
108	108	All definitions and restrictions contained in the statute also apply to any civil action based on a violation of the public policy arising out of the statute. If the statute does not provide a remedy to an employee for the violation of the statute, the employee shall have the right to bring a tort claim for wrongful termination in violation of the public policy set forth in the statute.
109	109
110	110	(c) The employer has terminated the employment relationship of an employee in retaliation for any of the following:
111	111
112	112	(i) The refusal by the employee to commit an act or omission that would violate the Constitution of Arizona or the statutes of this state.
113	113
114	114	(ii) The disclosure by the employee in a reasonable manner that the employee has information or a reasonable belief that the employer, or an employee of the employer, has violated, is violating or will violate the Constitution of Arizona or the statutes of this state to either the employer or a representative of the employer who the employee reasonably believes is in a managerial or supervisory position and has the authority to investigate the information provided by the employee and to take action to prevent further violations of the Constitution of Arizona or statutes of this state or an employee of a public body or political subdivision of this state or any agency of a public body or political subdivision.
115	115
116	116	(iii) The exercise of rights under the workers' compensation statutes prescribed in chapter 6 of this title.
117	117
118	118	(iv) Service on a jury as protected by section 21-236.
119	119
120	120	(v) The exercise of voting rights as protected by section 16-1012.
121	121
122	122	(vi) The exercise of free choice with respect to nonmembership in a labor organization as protected by section 23-1302.
123	123
124	124	(vii) Service in the national guard or armed forces as protected by sections 26-167 and 26-168.
125	125
126	126	(viii) The exercise of the right to be free from the extortion of fees or gratuities as a condition of employment as protected by section 23-202.
127	127
128	128	(ix) The exercise of the right to be free from coercion to purchase goods or supplies from any particular person as a condition of employment as protected by section 23-203.
129	129
130	130	(x) The exercise of a victim's right to leave work as provided in sections 8-420 and 13-4439.
131	131
132	132	B. If the statute provides a remedy to an employee for a violation of the statute, the remedies provided to an employee for a violation of the statute are the exclusive remedies for the violation of the statute or the public policy prescribed in or arising out of the statute. END_STATUTE