Arizona Revised Statutes

Ariz. Rev. Stat. § 23-371 (2026)

Definitions

✓ current as of May 2026
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23-371. Definitions

 

(Caution:  1998 Prop. 105 applies)

 

For purposes of this article:

A. "Abuse" means an offense prescribed in section 13-3623, Arizona Revised Statutes.

B. "Commission" is as defined in section 23-362, Arizona Revised Statutes.

C. "Domestic violence" is as defined in section 13-3601, Arizona Revised Statutes.

D. "Earned paid sick time" means time that is compensated at the same hourly rate and with the same benefits, including health care benefits, as the employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in section 23-373 of this article, but in no case shall this hourly amount be less than that provided under the Fair Labor Standards Act of 1938 (29 United States Code section 206(A)(1)) or section 23-363, Arizona Revised Statutes.

E. "Employ" is as defined in section 23-362, Arizona Revised Statutes.

F. "Employee" is as defined in section 23-362, Arizona Revised Statutes.  Employee includes recipients of public benefits who are engaged in work activity as a condition of receiving public assistance.

G. "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 or the United States.

H. "Family member" means:

1. Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or an individual to whom the employee stood in loco parentis when the individual was a minor;

2. A biological, foster, stepparent or adoptive parent or legal guardian of an employee or an employee's spouse or domestic partner or a person who stood in loco parentis when the employee or employee's spouse or domestic partner was a minor child;

3. A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision;

4. A grandparent, grandchild or sibling (whether of a biological, foster, adoptive or step relationship) of the employee or the employee's spouse or domestic partner; or

5. Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

I. "Retaliation" is as defined in section 23-364, Arizona Revised Statutes.

J. "Sexual violence" means an offense prescribed in: (a) title 13, chapter 14, Arizona Revised Statutes, except for sections 13-1408 and 13-1422; or (b) sections 13-1304(A)(3), 13-1307, 13-3019, 13-3206, 13-3212, 13-3552, 13-3553, 13-3554, or 13-3560, Arizona Revised Statutes.

K. "Stalking" means an offense prescribed in section 13-2923, Arizona Revised Statutes.

L. "Year" means a regular and consecutive 12-month period as determined by the employer.

 

Notes of Decisions
Cited in 10 cases (10 in the last 5 years), 2022–2026 · leading case: Martinez v. Estes, 557 P.3d 788 (Ariz. Ct. App. 2024).
Martinez v. Estes, 557 P.3d 788 (Ariz. Ct. App. 2024). · cites it 3× “§ 12-1809(T)(1), in addition to a series of harassing acts, harassment may also be “one or more acts of sexual violence as defined in § 23-371.” Sexual violence under A.R.S. § 23-371(J) includes “[s]exual contact,” defined as “any direct or indirect 6 MARTINEZ v.”
Vega v. All My Sons Bus. Dev. LLC (D. Ariz. 2022). · cites it 4× “§§ 23-350–62 26 (Count IV); and state paid sick time laws, A.R.S. §§ 23-371–81 (Count V). (Doc. 1.) In 27 summary, Vega alleges that All My Sons fail to pay helpers minimum wage for all hours 28 worked by requiring them to perform duties that do not count towards their hourly…”
Ghaemmaghami (D. Ariz. 2026). · cites it 4× “91 at 2-3 (citing A.R.S. § 23-371, which defines “employer” 27 as an “entity acting directly or indirectly in the interest of an employer in relation to an 28 employee”).”
Driver v. Good Works Auto Repair LLC (D. Ariz. 2024). · cites it 3× “” A.R.S. § 23-371(G). Indeed, Courts have treated individuals as employers 14|| alongside corporate entities under § 23-371(G).”
Papias v. Parker (Ariz. Ct. App. 2023). · cites it 2× “B R O W N, Judge: ¶1 Joshua Papias (“Papias”) appeals the superior court’s order granting summary judgment on his claim that Parker Fasteners, LLC (“Parker”) violated Arizona’s Fair Wages and Healthy Family Act (“Act”), A.R.S. § 23-371 et seq., by firing him in retaliation for…”
Borgens v. Hematology Oncology Assocs. of New Jersey LLC (D. Ariz. 2022). · cites it 2× “Against this 12 complaint, it is not immediately clear to the Court why all of Plaintiff’s employment 13 records, medical records and tax returns are relevant to this case.”
Martin v. Arise Inc. (D. Ariz. 2023). · cites it 2× “d/b/a Rise Services (“RISE”); 19 Jessica Reed, RISE Regional Director (“Defendant Reed”); and Angela Pelton, RISE 20 Program Administrator (“Defendant Pelton”) (collectively “Defendants”): Count One for 21 interference with Plaintiff’s rights under the FMLA; Count Two for…”
Montgomery v. State 48 Brewery LLC (D. Ariz. 2025). · cites it 2× “Background 19 Plaintiff filed this lawsuit on March 12, 2025 against Defendants State 48 Brewery, 20 LLC (“State 48”) and married couple Mario Rana and Angela Rana for unpaid overtime 21 wages under the Federal Labor Standards Act, unpaid wages under the Arizona Wage Act, 22 and…”
Rightsell v. Concentric Healthcare Solutions LLC (D. Ariz. 2022). “15 § 23-371(G). Defendant Silk testified that he was President and Chief Operating Officer 16 of Concentric, and that he oversaw operations and had the power to hire and fire employees, 17 set wages and benefits, and to expand or alter the company’s business model.”
Silman v. Swift Transp. Inc. (D. Ariz. 2024). “§ 23-371(E) (importing definition from Article 8, “Minimum Wage and 10 Employee Benefits,” into Article 8.”
— Ariz. Rev. Stat. § 23-371(E) — 1 case
Silman v. Swift Transp. Inc. (D. Ariz. 2024). “§ 23-371(E) (importing definition from Article 8, “Minimum Wage and 10 Employee Benefits,” into Article 8.”
— Ariz. Rev. Stat. § 23-371(G) — 3 cases
Driver v. Good Works Auto Repair LLC (D. Ariz. 2024). “” A.R.S. § 23-371(G). Indeed, Courts have treated individuals as employers 14|| alongside corporate entities under § 23-371(G).”
Vega v. All My Sons Bus. Dev. LLC (D. Ariz. 2022). “§§ 23-350–62 26 (Count IV); and state paid sick time laws, A.R.S. §§ 23-371–81 (Count V). (Doc. 1.) In 27 summary, Vega alleges that All My Sons fail to pay helpers minimum wage for all hours 28 worked by requiring them to perform duties that do not count towards their hourly…”
Rightsell v. Concentric Healthcare Solutions LLC (D. Ariz. 2022). “15 § 23-371(G). Defendant Silk testified that he was President and Chief Operating Officer 16 of Concentric, and that he oversaw operations and had the power to hire and fire employees, 17 set wages and benefits, and to expand or alter the company’s business model.”
— Ariz. Rev. Stat. § 23-371(J) — 1 case
Martinez v. Estes, 557 P.3d 788 (Ariz. Ct. App. 2024). “§ 12-1809(T)(1), in addition to a series of harassing acts, harassment may also be “one or more acts of sexual violence as defined in § 23-371.” Sexual violence under A.R.S. § 23-371(J) includes “[s]exual contact,” defined as “any direct or indirect 6 MARTINEZ v.”
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