Consent and compliance

Hiring employees in Arizona: the 2026 compliance checklist for employers and recruiters

On this page
  1. The Arizona hiring checklist at a glance
  2. What must be in place before the first Arizona hire?
  3. Does a staffing or recruiting agency need an Arizona license?
  4. What must an Arizona job posting include, and can you ask about pay history?
  5. When can you ask about criminal history or run a credit check?
  6. Can you record or transcribe a job interview in Arizona?
  7. Does Arizona regulate AI in hiring?
  8. Can you drug test applicants in Arizona?
  9. Does Arizona require E-Verify?
  10. Which state withholding form does a new hire complete?
  11. Which notices must a new Arizona employee get at hire?
  12. How do you report a new hire in Arizona?
  13. The Arizona hiring steps in order
  14. Questions people ask

As of October 2026, an employer hiring in Arizona has to file the JT-1 to open a withholding account with the Department of Revenue and an unemployment insurance account with the Department of Economic Security, carry workers' compensation for its regularly employed workers, run every new hire through E-Verify (Arizona requires it of all employers), give each new hire the written earned paid sick time notice, have them complete Form A-4 within five days of starting, and report the hire within 20 days. Arizona has no state staffing license, protects employers that hire people with records from most negligent hiring claims, and lets a party to an interview record it.

This page is the Arizona hub: one table with every item and its official source, then a short section on each. Where we already have a full guide to an item, the section summarizes it and links there.

Not legal advice. Checked as of October 2026 against the Arizona Revised Statutes on the Legislature's site, the Department of Revenue, the Department of Economic Security's new hire program and our own statute-sourced guides. Phoenix, Tucson and other cities can add their own rules, rules change, and a specific hire may turn on facts this page cannot see. Confirm with an Arizona employment lawyer before relying on it.

The Arizona hiring checklist at a glance

ItemWhat Arizona requires (as of October 2026)Official source
Employer registrationOne JT-1 application opens both the ADOR withholding account and the DES unemployment insurance accountADOR, Withholding Tax
Workers' compensationEvery employer with workers regularly employed in the business, except employers of domestic servantsA.R.S. § 23-902
Agency licensingNo state license since the employment agent law was repealed effective January 1, 2017; truthful-representation rule remainsA.R.S. § 41-191.10
Criminal historyA person with sealed records may deny the offense on applications, with exceptions; limited employer liability for hiring people with convictionsA.R.S. § 13-911, § 12-558.03
Interview recordingOne-party consentA.R.S. § 13-3005, § 13-3012
Drug testingVoluntary testing program with liability protection; no penalizing a registered medical marijuana patient for a positive test aloneA.R.S. § 23-493.06, § 36-2813
E-VerifyEvery employer, for every new hireA.R.S. § 23-214
State withholding formA-4 within five days of employment; otherwise withhold at 2.0%ADOR, individual withholding
Notices at hireWritten earned paid sick time notice at the start of employmentA.R.S. § 23-375
New-hire reportingReport new hires and rehires to DES within 20 daysA.R.S. § 23-722.01

What must be in place before the first Arizona hire?

One joint registration and workers' compensation. The Department of Revenue's withholding page says that "to register for both an income tax withholding account with the Department of Revenue and an unemployment insurance account with the Department of Economic Security, the employer will need to complete the JT-1 application on AZTaxes.gov" or file the paper form. Withholding applies from the start for residents working in Arizona; for a nonresident working in the state, it starts once the person has worked there 60 days unless both sides agree to start sooner.

The workers' compensation law, A.R.S. § 23-902, covers "every person who employs any workers or operatives regularly employed in the same business or establishment under contract of hire," including covered employees under a professional employer agreement, with an exception for domestic servants; "regularly employed" includes seasonal and part-year work in the usual business. The federal layer (an EIN, Form W-4 and Form I-9 by the third business day) applies on top.

Does a staffing or recruiting agency need an Arizona license?

No. Arizona repealed its employment agent licensing law, former A.R.S. §§ 23-521 through 23-536, effective January 1, 2017, so there is no state license, bond or fee filing for agencies. What remains is A.R.S. § 41-191.10, which requires employment agents to make truthful representations about jobs and treats a violation as consumer fraud enforced by the Attorney General. See our Arizona staffing agency license guide. Temporary agencies still carry the employer duties: the state's new hire program says they report each worker once, not at every assignment, and they run each hire through E-Verify.

What must an Arizona job posting include, and can you ask about pay history?

We found no Arizona statute requiring pay ranges in postings or banning salary history questions as of October 2026; Arizona is not in our pay transparency laws by state or salary history ban states lists. A remote posting open to people in California, Colorado, Washington or another range state can pick up that state's rule; see pay transparency for remote jobs.

When can you ask about criminal history or run a credit check?

We found no Arizona ban-the-box statute for private employers, so federal law and your own policy set the timing. Two Arizona statutes shape the answer, though. Under A.R.S. § 13-911, a person whose case records are sealed "may state, in all instances, that the person has never been arrested for, charged with or convicted of the crime," including "in response to questions on employment" applications, unless an exception applies, such as a job that requires a fingerprint clearance card or certain theft and burglary records for jobs inside homes. And A.R.S. § 12-558.03 says "an employer is not liable for hiring an employee or contracting with an independent contractor who has previously been convicted of a criminal offense," and keeps the conviction out of evidence in most negligent hiring suits, with exceptions such as misuse of others' money or property. Checks run by a screening company follow the federal steps in our FCRA background check guide.

We found no Arizona statute limiting employer credit checks; Arizona is not in our credit check laws guide, so the federal FCRA rules govern.

Can you record or transcribe a job interview in Arizona?

Yes, if you are on the call. A.R.S. § 13-3005 makes it a class 5 felony to intercept a call "to which he is not a party," and § 13-3012(9) exempts interceptions made "with the consent of a party to the communication or a person who is present during the communication." The catch is next door: California requires all-party consent and Nevada treats phone calls the same way. Our Arizona recording consent guide and recording calls across state lines cover the cross-border cases; announce the recording and get a yes.

Does Arizona regulate AI in hiring?

Not with a dedicated statute as of October 2026: Arizona does not appear in our state-by-state AI hiring summary. Federal anti-discrimination law still reaches AI screening, as our page on Title VII disparate impact and AI hiring explains, and a requisition open to candidates in California, Illinois or New York City can bring those rules in.

Can you drug test applicants in Arizona?

Yes, and Arizona rewards doing it by the book. An employer that adopts a policy and tests under A.R.S. §§ 23-493 through 23-493.11 gets the protections in § 23-493.06: no cause of action for "actions in good faith based on the results of a positive drug test," among others, including moving someone out of a safety-sensitive position on a good-faith belief of current drug use. The limit is medical marijuana: A.R.S. § 36-2813(B) bars discrimination in hiring based on a person's status as a cardholder or "a registered qualifying patient's positive drug test for marijuana components or metabolites," unless the patient used, possessed or was impaired by marijuana at work or during work hours, or the employer would lose a federal monetary or licensing benefit. See our drug testing laws guide.

Does Arizona require E-Verify?

Yes, of every employer. Under A.R.S. § 23-214, part of the Legal Arizona Workers Act, every employer must verify the employment eligibility of each employee hired after December 31, 2007 through E-Verify and keep a record of the verification for the duration of employment or at least three years, whichever is longer. The penalty structure is the unusual part: a county attorney can ask a court to suspend or revoke the business licenses of an employer that knowingly or intentionally employs unauthorized workers. Details are in E-Verify requirements in Arizona, and the sign-up process is in E-Verify enrollment steps.

Which state withholding form does a new hire complete?

Arizona Form A-4, the Arizona Withholding Percentage Election. The Department of Revenue says "all new employees subject to Arizona income tax withholding must complete Arizona Form A-4 ... within five days of employment," and if they do not, "the employer must withhold Arizona income tax at the rate of 2.0%" until the employee elects a different rate. The employee gives the form to the employer, not to the department, and can ask for an additional amount to be withheld.

Which notices must a new Arizona employee get at hire?

The earned paid sick time notice. A.R.S. § 23-375 requires employers to "give employees written notice" at "the commencement of employment" of their entitlement to earned paid sick time and the amount, the terms of its use, the ban on retaliation, the right to file a complaint and the Industrial Commission's contact details, in English, Spanish and any other language the Commission deems appropriate. The Commission publishes model notices, and violations carry civil penalties under § 23-364(F). Each paycheck, or an attachment to it, must also show sick time available, used and paid. Our new hire onboarding checklist covers the rest of the first-day paperwork.

How do you report a new hire in Arizona?

Report to the Department of Economic Security. Under A.R.S. § 23-722.01, employers report the hiring of any employee who resides or works in Arizona, and any rehire or return to work, "within twenty days after the employee is hired or rehired or returns to work," or by two monthly electronic transmissions no more than 16 days apart. The report carries the employee's name, address and Social Security number, the employer's name, address and federal tax ID, and the date the employee first performed services for pay; a W-4 can serve as the report. The Arizona New Hire Reporting Center adds that reporting independent contractors is required only of government agencies and optional for other employers.

The Arizona hiring steps in order

  1. Before the first hire: get an EIN, file the JT-1, bind workers' compensation and enroll in E-Verify.
  2. Posting and screening: no state pay-range rule; check the rules of any state where remote applicants live.
  3. Interview: as a party you may record; announce it and get a yes, especially with California or Nevada candidates.
  4. Conditional offer: run background checks under the FCRA, and any drug test under a written policy that follows A.R.S. § 23-493 and respects medical marijuana cardholder protections.
  5. First day: Form I-9 and W-4, the earned paid sick time notice, and Form A-4 within five days; create the E-Verify case after the I-9.
  6. Within 20 days: report the hire to the Department of Economic Security.

Hiring in more than one state? The same checklist is available for Georgia, North Carolina, Michigan, New Jersey, Virginia and Washington.

Questions people ask

What do I have to do to hire my first employee in Arizona?

As of October 2026, file the JT-1 joint application to open a withholding account with the Department of Revenue and an unemployment insurance account with the Department of Economic Security, carry workers' compensation, enroll in E-Verify and run every new hire through it, give the earned paid sick time notice, have the employee complete Form A-4 within five days of starting, and report the hire within 20 days. This is not legal advice.

Does every Arizona employer have to use E-Verify?

Yes. Under A.R.S. 23-214, part of the Legal Arizona Workers Act, every Arizona employer must verify the employment eligibility of each employee hired after December 31, 2007 through E-Verify and keep a record of the verification. A county attorney can ask a court to suspend or revoke the business licenses of an employer that knowingly or intentionally employs unauthorized workers.

What happens if a new Arizona employee does not turn in Form A-4?

The Department of Revenue says new employees must complete Form A-4 within five days of employment, and if they do not, the employer must withhold Arizona income tax at 2.0% of taxable wages until the employee elects a different rate. The form goes to the employer, not to the department.

Can I record a job interview with a candidate in Arizona?

Yes, if you are a party. A.R.S. 13-3005 makes interception a felony only for someone who is not a party or not present, and A.R.S. 13-3012(9) exempts recordings made with the consent of a party. California and Nevada next door are stricter, so announce the recording and get a clear yes when a candidate may be across the border.

Can an Arizona applicant with a sealed record deny the conviction?

In most cases, yes. A.R.S. 13-911 lets a person whose case records are sealed say they have never been arrested for, charged with or convicted of that offense, including on employment applications, with exceptions such as jobs needing a fingerprint clearance card. A.R.S. 12-558.03 separately says an employer is not liable for hiring someone because of a prior conviction, with listed exceptions.