Arizona Municipalities Retain Authority to Enact Benefits Ordinances After State High Court Denies Review

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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In February 2019, the Arizona Court of Appeals, Division One ruled that the Arizona State Legislature overstepped its authority in 2016, when it prohibited Arizona cities and other municipalities from enacting their own employee benefits ordinances. That ruling reinstated part of a 2006 law that permitted Arizona municipalities to pass local ordinances requiring employers to provide employment benefits more favorable than those provided under statewide laws. On August 27, 2019, the Arizona Supreme Court denied review of the Court of Appeals decision. Thus, Arizona municipalities continue to be free to enact ordinances that may be more “employee friendly” than other applicable statewide laws.

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