A.R.S. § 23-202 - Extracting A Fee As A Condition Of Employment In Arizona

Arizona law protects an employee's right not to be victimized by an employer's attempt at extortion. This is codified at A.R.S. § 23-202, which prevents an employer or agent of an employer from making a demand on an employee for payment or some other financial benefit as a condition of employment.

In one Arizona case where the employer was found to have violated the statute, the employer conditioned continued employment on employees agreeing to sell real estate owned by the employees to the employer at a price substantially below the actual value. The Arizona Attorney General, however, has issued an opinion clarifying that an employer is not in violation by charging an employment application processing fee.

A.R.S. § 23-202 states:

It is unlawful for a person charged or entrusted by another with the employment or continuance in employment of any workmen or laborers to demand or receive, either directly or indirectly, from a workman or laborer employed or continued in employment through his agency or under his direction or control, a fee, commission or gratuity of any kind as the price or condition of the employment of the workman or laborer, or as the price or condition of his continuance in such employment. Any person charged or entrusted with employment of laborers or workmen for his principal, or under whose direction or control the workmen and laborers are engaged in work and labor for the principal, who violates a provision of this section is guilty of a class 2 misdemeanor.

If you believe your employer has violated this provision or any other Arizona Revised Statute you should speak with an employment lawyer as soon as possible.