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HB2627 - 572R - I Ver
REFERENCE TITLE:
workers' rights; public health emergency
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2627
Introduced by
Representatives
Austin: Abeytia, Aguilar, Cavero, Crews, Garcia, Gutierrez, Liguori, Villegas
AN
ACT
amending title 23, chapter 2, Arizona
Revised Statutes, by adding article 4; APPROPRIATING monies; relating to
employment practices and working conditions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, Arizona Revised
Statutes, is amended by adding article 4, to read:
ARTICLE 4. WORKER
RIGHTS RELATED TO A PUBLIC HEALTH EMERGENCY
START_STATUTE
23-251.
Definitions
In this article, unless the context otherwise
requires:
1. "Commission" means the
industrial commission of Arizona.
2. "Department" means the
labor department of the commission.
3. "Principal" means any of
the following:
(
a
) An employer
as defined in the fair labor standards act of 1938 (52 Stat. 1060; 29 United
States Code section 203).
(
b
) A foreign
labor contractor or a migratory field labor contractor or crew leader.
(
c
) This state
or any political subdivision of this state.
(
d
) An entity
that contracts with five or more independent contractors in this state each
year.
4. "Public health
emergency" means either of the following:
(
a
) A public
health order issued by a state or local public health agency.
(
b
) A state of
emergency proclaimed by the governor based on a public health concern.
5. "Whistleblower" means a
worker with knowledge of an alleged violation of this article or the worker's
representative.
6. "Worker" means either of
the following:
(
a
) Any person,
including a migratory laborer, performing labor or services for the benefit of
an employer.
(
b
) A person
who works for an entity that contracts with five or more independent
contractors in this state each year.
END_STATUTE
START_STATUTE
23-251.01.
Factors in determining whether a person is a worker
Relevant factors in determining whether a person
is a worker under section 23-251, paragraph 6, subdivision (
a
) include the degree of control the employer may or does exercise over
the person and the degree to which the person performs work that is the primary
work of the employer, except that an individual primarily free from control and
direction in performing the service, both under the individual's contract for
the performance of service and in fact, and who is customarily engaged in an
independent trade, occupation, profession or business related to the service
performed is not a worker under section 23-251, paragraph 6, subdivision (
a
).
END_STATUTE
START_STATUTE
23-252.
Prohibition against discrimination based on claims related to a
public health emergency; applicability
A. A principal may not:
1. Discriminate, take adverse action
or retaliate against any worker based on the worker, in good faith, raising any
reasonable concern about workplace violations of government health or safety
rules or about an otherwise significant workplace threat to health or safety,
related to a public health emergency to the principal, the principal's agent,
other workers, a government agency or the public if the principal controls the
workplace conditions giving rise to the threat or violation.
2. Require or attempt to require a
worker to sign a contract or other agreement that would limit or prevent the
worker from disclosing information about workplace health and safety practices
or hazards related to a public health emergency or to otherwise abide by a
workplace policy that would limit or prevent such disclosure. A
contract or agreement that violates this paragraph is void and unenforceable as
contrary to the public policy of this state. A principal's attempt
to impose such a contract or agreement is an adverse action in violation of
this article.
3. Discriminate, take adverse action
against or retaliate against a worker based on the worker voluntarily wearing
at the worker's workplace the worker's own personal protective equipment, such
as a mask, face guard or gloves, if the personal protective equipment is
characterized by all of the following:
(
a
) Provides a
higher level of protection than the equipment provided by the principal.
(
b
) Is
recommended by a federal, state or local public health agency with jurisdiction
over the worker's workplace.
(
c
) Does not
render the worker incapable of performing the worker's job or prevent a worker
from fulfilling the duties of the worker's position.
4. Discriminate, take adverse action
against or retaliate against a worker based on the worker opposing any practice
the worker reasonably believes is unlawful under this article or for making a
charge, testifying, assisting or participating in any manner in an
investigation, proceeding or hearing as to any matter the worker reasonably
believes to be unlawful under this article.
B. This section does not apply to a
worker who discloses information either:
1. That the worker knows to be false.
2. With reckless disregard for the
truth or falsity of the information.
C. This section does not authorize a
worker to share individual health information that is otherwise prohibited from
disclosure under state or federal law.
END_STATUTE
START_STATUTE
23-253.
Notice of rights; posting; rules
A. A principal shall post notice of
workers' rights under this article in a conspicuous location on the principal's
premises.
B. The department shall adopt rules
to establish the form of the notice required under subsection A of this
section.
END_STATUTE
START_STATUTE
23-254.
Relief for aggrieved person
A. A
person may seek relief for a violation of this article by either:
1. Filing a complaint with the
department pursuant to section 23-255.
2. Bringing an action pursuant to section
23-256 or 23-257.
B. A person shall exhaust
administrative remedies pursuant to section 23-255 before bringing an
action in court.
END_STATUTE
START_STATUTE
23-255.
Administrative enforcement; civil penalty; rules
A. Within two years after an alleged
violation of this article, an aggrieved individual or whistleblower may file a
complaint against a principal with the department as specified in subsections B
and C of this section.�
B. Until the date the department
makes a complaint form publicly available, an aggrieved individual or
whistleblower may file a complaint of a violation of this article with the
department in any form by mail or email. The department may later
require the aggrieved individual or whistleblower to complete the department's
complaint form. The filing date is the date of the claimant's
original filing, even if the department later requests additional information
or completion of the department's complaint form.
C. After the department makes a
complaint form publicly available, an aggrieved individual or whistleblower may
file a complaint only by completing the required form.
D. The department shall either:
1. Investigate alleged principal
violations of, or interference with rights or responsibilities under this
article and complaints filed with the department by an aggrieved individual and
whistleblower.
2. Authorize an aggrieved individual
or whistleblower to proceed with an action in court as provided in section 23-256
or 23-257. A person who receives authorization pursuant to
this paragraph is considered to have exhausted administrative remedies.
E. In an investigation of alleged
principal retaliation or interference with worker rights, if an investigation
yields a determination that:
1. A violation has occurred, the
department may award reasonable attorney fees and, after a hearing, may impose
a civil penalty of at least $100 for each day the violation continues.
2. The rights of multiple workers
have been violated, the violation as to each worker is a separate violation for
the purposes of this subsection.
3. A worker was fired, voluntarily
left employment or experienced a reduction in pay due to a principal's
violation, the determination may include an order to either:
(
a
) Reinstate
or rehire the worker and pay the worker's back pay until reinstatement or
rehiring.
(
b
) Pay the
worker front pay for a reasonable period after the order, if reinstatement or
rehiring is determined not to be feasible.
F. Determinations made by the
department under this section are appealable pursuant to title 41, chapter 6,
article 10 and rules adopted by the commission regarding appeals and strategic
enforcement.
END_STATUTE
START_STATUTE
23-256.
Action in superior court; relief
A. An aggrieved individual, within
ninety days after exhausting administrative remedies pursuant to section 23-255,
may commence an action in superior court against a principal for a violation of
this article.
B. A court may order affirmative
relief that the court determines to be appropriate, including the following
relief, against a respondent that is found to have engaged in a discriminatory,
adverse or retaliatory employment practice prohibited by this article:
1. Reinstatement or rehiring of a
worker, with or without back pay.
2. The greater of either:
(
a
) $10,000.
(
b
) Any lost
pay resulting from the violation, including back pay for a reinstated or
rehired worker and front pay for a worker who is not reinstated or rehired.
3. Any other equitable relief the
court deems appropriate.
C. In addition to the relief
available pursuant to subsection B of this section, in a civil action brought
by a plaintiff under this article against a defendant that is found to have
engaged in an intentional discriminatory, adverse or retaliatory employment
practice, the plaintiff may recover compensatory and punitive damages as
follows:
1. A plaintiff may recover punitive
damages against a defendant if the plaintiff demonstrates by clear and
convincing evidence that the defendant engaged in a discriminatory, adverse or
retaliatory employment practice with malice or reckless indifference to the
rights of the plaintiff, except that if the defendant demonstrates good faith
efforts to comply with this article and to prevent discriminatory, adverse and
retaliatory employment practices in the workplace, the court may not award
punitive damages against the defendant.
2. A plaintiff may recover
compensatory damages against a defendant for other pecuniary losses and
emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment
of life and other nonpecuniary losses.
3. In determining the appropriate
amount of damages to award a plaintiff who has been the victim of an
intentional discriminatory, adverse or retaliatory employment practice, the
court shall consider the size and assets of the defendant and the egregiousness
of the discriminatory, adverse or retaliatory employment practice.
D. Compensatory
or punitive damages awarded pursuant to subsection C of this section are in
addition to, and do not include, front pay, back pay, interest on back pay or
any other type of relief awarded pursuant to subsection B of this section.
E. If a plaintiff in a civil action
filed under this article seeks compensatory or punitive damages pursuant to
subsection C of this section, any party to the civil action may demand a trial
by jury.
F. The court shall award reasonable
attorney fees to a plaintiff who prevails in an action brought pursuant to this
section.
END_STATUTE
START_STATUTE
23-257.
Whistleblower enforcement
A. A whistleblower who has exhausted
the administrative remedies pursuant to section 23-255 may bring a civil
action against a principal for a violation of this article on behalf of this
state in superior court pursuant to this section. This state may
intervene in the action to prosecute in its own name.
B. At the time that the action is
filed, the whistleblower shall give written notice to the department of the
specific provisions of this article alleged to have been violated.
C. If the court finds that a
violation has occurred, the court may enter a judgment against the principal of
at least $100 but not more than $1,000 for each violation and for appropriate
injunctive and equitable relief. The court shall award the
whistleblower reasonable attorney fees.� The attorney fees are not subject to
the distribution specified in subsection D of this section.
D. The proceeds of any judgment
entered pursuant to this section shall be distributed as follows:
1. Seventy-five percent to the
department for enforcement of this article.
2. Twenty-five percent to the first
whistleblower who filed the action.
E. The right to bring an action under
this section may not be impaired by any private contract. An action
under this section shall be tried promptly, without regard to concurrent
adjudication of private claims.
END_STATUTE
START_STATUTE
23-258.
Employment support fund; exemption
The employment support fund is established
consisting of legislative appropriations to administer this
article. The commission shall administer the fund. Monies
in the fund are continuously appropriated and are exempt from the provisions of
section 35-190 relating to lapsing of appropriations.
END_STATUTE
START_STATUTE
23-259.
Rules
The department may adopt rules necessary to
implement this article.
END_STATUTE
Sec. 2.
Appropriation; employment support fund
The sum
of $____________ is appropriated from the state general fund in fiscal year
2026-2027 to the employment support fund established by section 23-258,
Arizona Revised Statutes, as added by this act.
Sec. 3.
Applicability
This act applies to conduct occurring
from and after the effective date of this act.
Sec. 4.
Emergency
This act is an emergency measure that
is necessary to preserve the public peace, health or safety and is operative
immediately as provided by law.