A.R.S. § 23-211 - Definitions Applicable To Statutes Governing Employment Of Unauthorized Aliens

Arizona Revised Statute Section 23-211 sets forth the definitions applicable to Title 23, Chapter 2, Article 2, of the Arizona Revised Statutes (A.R.S. §§ 23-211 - 23-216, which governs the employment of unauthorized aliens. The statute provides:

In this article, unless the context otherwise requires:

1. "Agency" means any agency, department, board or commission of this state or a county, city or town that issues a license for purposes of operating a business in this state.

2. "Employ" means hiring an employee after December 31, 2007.

3. "Employee":

(a) Means any person who provides services or labor for an employer in this state for wages or other remuneration.

(b) Does not include an independent contractor.

4. "Employer" means any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and that employs one or more employees in this state. Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses the contract labor.

5. "E-verify program" means the employment verification pilot program as jointly administered by the United States department of homeland security and the social security administration or any of its successor programs.

6. "Independent contractor" means any individual or entity that carries on an independent business, that contracts to do a piece of work according to the individual's or entity's own means and methods and that is subject to control only as to results. Whether an individual or entity is an independent contractor is determined on a case-by-case basis through various factors, including whether the individual or entity:

(a) Supplies the tools or materials.

(b) Makes services available to the general public.

(c) Works or may work for a number of clients at the same time.

(d) Has an opportunity for profit or loss as a result of labor or service provided.

(e) Invests in the facilities for work.

(f) Directs the order or sequence in which the work is completed.

(g) Determines the hours when the work is completed.

7. "Intentionally" has the same meaning prescribed in section 13-105.

8. "Knowingly employ an unauthorized alien" means the actions described in 8 United States Code section 1324a. This term shall be interpreted consistently with 8 United States Code section 1324a and any applicable federal rules and regulations.

9. "License":

(a) Means any agency permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating a business in this state.

(b) Includes:

(i) Articles of incorporation under title 10.

(ii) A certificate of partnership, a partnership registration or articles of organization under title 29.

(iii) A grant of authority issued under title 10, chapter 15.

(iv) Any transaction privilege tax license.

(c) Does not include:

(i) Any license issued pursuant to title 45 or 49 or rules adopted pursuant to those titles.

(ii) Any professional license.

10. "Social security number verification service" means the program administered by the social security administration or any of its successor programs.

11. "Unauthorized alien" means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States Code section 1324a(h)(3).

If you have questions about how this statute may apply to you or your company, please call Harper Law to schedule a consultation with an attorney at your earliest convenience.