TO: Marylee Luther
FROM:
DATE:
SUBJECT: Clapton Commercial Construction Employee Law Compliance Plan for Arizona
CC: Traci Goldeman Marylee,
After reviewing, the request from Traci Goldeman in reference to the Employee Law Compliance Plan regarding the expansion of Clapton Commercial Construction into the state of Arizona. I would like to point out a few of the major applicable laws and some of the consequences for not abiding by these laws.
Arizona groups their labor employment laws into four sections, Right-To-Work, Discrimination in Employment, At-Will Employment, and finally Wages and Hours. Each of these groupings have their own penalties that range from a missing, incomplete, or improperly submitted I-9 forms of $110 to hiring a known illegal alien with a penalty that starts at $10,000 and a minimum six-month jail term1.
Arizona like Michigan is a “right-to-work” state 2, Article XXV of the Constitution of Arizona. This gives the employee the right to decline joining a union and because that same employee did not join the union, he or she shall not be denied the opportunity to obtain or retain employment because of non-membership in a labor organization. These rules are similar in both states though Arizona has been a right to work state since 1946 while Michigan has only been a right to work state since 20133.
In Arizona, the injured party has the right for compensatory damages from an employer who fails to uphold right-to-work. According to the Arizona Constitution, Article XXV, Title 23, Chapter 8, Article 1, Section 23-1306, a person or employer who violates the provisions of said article shall be liable to the person injured and may be sued. There are exceptions of right-to-work if employment takes place on federal property, these exceptions do not seem to apply to your company unless you plan to perform work on federal property.
Just as every state follows the mandated federal discrimination laws, Arizona’s discrimination