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Employer Liability: Arizona

Employer Liability requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

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Author: Paige A. Martin, Kutak Rock LLP

Summary

  • Private sector employers found to have committed certain unfair labor practices may be subject to fines and/or jail time. See Unfair Labor Practices.

Unfair Labor Practices

Some typical examples of unfair employer practices that may produce liability include:

  • A failure to negotiate in good faith;
  • A failure to inform an employee of the right to representation, specifically union representation;
  • Coercion of an employee related to union sympathy and activity;
  • Plant closure threats due to a unionization movement;
  • Failure to process union sympathizer grievances; and
  • Blacklisting people to prevent their employment.

See NLRB v. J. Weingarten, Inc., +420 US 251 (1975); Baldwin v. Arizona Flame Restaurant, Inc., 82 Ariz. 385, +313 P.2d 759 (1959).

Employers found guilty of blacklisting laborers may have to pay the opposing party's court costs, attorney fees and other related expenses in a lawsuit.

Individuals blacklisting or passing information related to a blacklist may also be guilty of a Class 2 misdemeanor.

Sentencing guidelines for a Class 2 misdemeanor include a maximum jail term of up to 4 months.

Additional fines of up to $750 may be imposed upon convicted individuals or $10,000 upon a convicted organizational enterprise. See +Ariz. Rev. Stat. § 23-1362.

Minimizing Employer Liability

Adopting and consistently following positive employee relations practices will generally help to avoid liability for violations of labor relations law.

These practices would include providing employees with access to management, recognizing employees' accomplishments and being consistent with employee reviews.

Also consider adopting formal policies or practices and establishing peer review boards. Additionally, human resources or legal counsel should review any employee final warnings, suspensions, or terminations.

These practices will help insure fairness and consistency in employment decisions and should reduce or eliminate any perception of inconsistency or impropriety.

Future Developments

There are no developments to report at this time. Continue to check XpertHR regularly for the latest information on this and other topics.

Additional Resources

Employer Liability: Federal

Labor Rights and Enforcement: Federal

Unfair Labor Practices: Federal

Strikes, Lockouts and Other "Economic Weapons": Federal