Bill Amendment: AZ HCR2014 | 2016 | Fifty-second Legislature 2nd Regular
Bill Title: Minimum wage
Status: 2016-05-06 - House final reading , voting: (6-50-4-0) [HCR2014 Detail]
Download: Arizona-2016-HCR2014-SENATE_PROPOSED_AMENDMENT_Appropriations_-_Strike_Everything.html
Fifty-second Legislature Appropriations
Second Regular Session H.C.R. 2014
PROPOSED AMENDMENT
SENATE AMENDMENTS TO H.C.R. 2014
(Reference to House engrossed resolution)
Strike everything after the resolving clause and insert:
"1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to the minimum wage, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
AMENDING SECTIONS 23-363 AND 23-364, ARIZONA REVISED STATUTES; RELATING TO THE MINIMUM WAGE.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-363, Arizona Revised Statutes, is amended to read:
23-363. Minimum wage
A. Employers shall pay employees no less than at least the minimum wage, which shall be six dollars and seventy-five cents ($6.75) is eight dollars forty‑one cents an hour beginning on January 1, 2007 from and after December 31, 2016 through December 31, 2017.
B. The minimum wage shall be increased on January 1, 2008 and on January 1 of as follows:
1. Beginning from and after December 31, 2017 through December 31, 2018, to eight dollars seventy‑seven cents an hour.
2. Beginning from and after December 31, 2018 through December 31, 2019, to nine dollars thirteen cents an hour.
3. Beginning from and after December 31, 2019 through December 31, 2020, to nine dollars fifty cents an hour.
4. Beginning from and after December 31, 2020 and from and after December 31 of each successive years year by the increase in the cost of living. The increase in the cost of living shall be measured by the percentage increase as of the August of the immediately preceding year that is two years prior over the level as of the August of the previous year that is three years prior of the consumer price index (for all urban consumers, U.S. United States city average for all items) or its successor index as published by the U.S. United States department of labor, bureau of labor statistics or its successor agency, with the amount of the minimum wage increase rounded to the nearest multiple of five cents.
C. For any employee who customarily and regularly receives tips or gratuities from patrons or others, the employer may pay a wage up to $3.00 per hour forty percent less than the minimum wage if the employer can establish by its the employer's records of charged tips or by the employee's declaration for federal insurance contributions act (FICA) purposes that for each week, when adding tips received to wages paid, the employee received not less than at least the minimum wage for all hours worked. Compliance with this provision will be is determined by averaging tips received by the employee over the course of the employer's payroll period or any other period selected by the employer that complies with regulations adopted by the commission.
Sec. 2. Section 23-364, Arizona Revised Statutes, is amended to read:
23-364. Enforcement
A. The commission is authorized to enforce and implement this article and may promulgate regulations adopt rules consistent with this article to do so.
B. No An employer or other person shall not discharge or take any other adverse action against any person in retaliation for asserting any claim or right under this article, for assisting any other person in doing so, or for informing any person about their that person's rights. Taking adverse action against a person within ninety days of after a person's engaging in the foregoing activities shall raise a presumption that such the discharge or other adverse action was retaliation, which. The presumption may be rebutted by clear and convincing evidence that such the discharge or other adverse action was taken for other permissible reasons.
C. Any person or organization may file an administrative complaint with the commission charging that an employer has violated this article as to any employee or other person. When If the commission receives a complaint, the commission may review records regarding all employees at the employer's worksite in order to protect the identity of any employee identified in the complaint and to determine whether a pattern of violations has occurred. The name of any employee identified in a complaint to the commission shall be kept confidential for as long as possible. Where If the commission determines that an employee's name must be disclosed in order to investigate a complaint further, it the commission may so do disclose the employee's name only with the employee's consent.
D. Employers shall post notices in the workplace, in such a format specified by the commission, notifying employees of their rights under this article. Employers shall provide their business name, address, and telephone number in writing to employees upon on hire. Employers shall maintain payroll records showing the hours worked for each day worked, and the wages paid to all employees for a period of four years. Failure to do so shall raise a rebuttable presumption that the employer did not pay the required minimum wage rate. The commission may by regulation rule reduce or waive the recordkeeping and posting requirements herein provided in this subsection for any categories of small employers whom it that the commission finds would be unreasonably burdened by such requirements. Employers shall permit the commission or a law enforcement officer to inspect and copy payroll or other business records, shall permit them to and interview employees away from the worksite, and. Employers shall not hinder any investigation. Such The information provided shall keep be kept confidential except as is required to prosecute violations of this article. Employers shall permit an employee or his or her the employee's designated representative to inspect and copy payroll records pertaining to that employee.
E. A civil action to enforce this article may be maintained in a court of competent jurisdiction by a law enforcement officer or by any private party injured by a violation of this article.
F. Any employer who violates recordkeeping, posting, or other requirements that the commission may establish under this article shall be is subject to a civil penalty of at least $250 two hundred fifty dollars for a first violation, and at least $1000 one thousand dollars for each subsequent or willful wilful violation and may, if the commission or court determines appropriate, may be subject to special monitoring and inspections.
G. Any employer who that fails to pay the wages required under this article shall be required to pay the employee the balance of the wages owed, including interest thereon, and an additional amount equal to twice the underpaid wages. Any employer who retaliates against an employee or other person in violation of this article shall be required to pay the employee an amount set by the commission or a court sufficient to compensate the employee and deter future violations, but not less than at least one hundred fifty dollars for each day that the violation continued or until legal judgment is final. The commission and the courts shall have the authority to order payment of such the unpaid wages, other amounts, and civil penalties and to order any other appropriate legal or equitable relief for violations of this article. Civil penalties shall be retained by the agency that recovered them and used to finance activities to enforce this article. A prevailing plaintiff shall be entitled to reasonable attorney's attorney fees and costs of suit.
H. A civil action to enforce this article may be commenced no not later than two years after a violation last occurs, or three years in the case of a willful wilful violation, and may encompass all violations that occurred as a part of a continuing course of employer conduct regardless of their date. The statute of limitations shall be tolled during any investigation of an employer by the commission or other law enforcement officer, but such an investigation shall not bar a person from bringing a civil action under this article. No A verbal or written agreement or employment contract may not waive any rights under this article.
I. The establishment of a uniform minimum wage is a matter of statewide concern. Only the legislature may by statute raise the minimum wage established under this article, extend coverage, or increase penalties. A county, city, or town may by ordinance regulate minimum wages and benefits within its geographic boundaries but may not provide for a minimum wage lower than that prescribed in this article. State agencies, counties, cities, towns and other political subdivisions of the state may consider violations of this article in determining whether employers may receive or renew public contracts, financial assistance or licenses. This article shall be liberally construed in favor of its purposes and shall not limit the authority of the legislature or any other body to adopt any law or policy that requires payment of higher or supplemental wages or benefits, or that extends such protections to employers or employees not covered by this article.
Sec. 3. Intent
Pursuant to section 41‑1107, Arizona Revised Statutes, it is the intent of the legislature to establish a uniform minimum wage in this state. The establishment of a uniform minimum wage is a matter of statewide concern. Cities, towns and counties should not be able to independently regulate the minimum wage because employers will be subject to a patchwork of varying regulations. Employers must be able to rely on the predictability of the minimum wage to best treat employees with uniformity and certainty throughout this state.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona."
Amend title to conform
