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.html
Fifty-second Legislature Appropriations
Second Regular Session H.C.R. 2014
PROPOSED AMENDMENT
SENATE AMENDMENTS TO H.C.R. 2014
(Reference to the Shooter 6-page s/e amendment dated 03/18/16)
Page 1, line 6, after the semi-colon insert "amending title 23, chapter 2, Arizona Revised Statutes, by adding article 8.1;"
Line 7, strike "the minimum wage" insert "employment practices"
Page 2, line 31, strike "discharge or"
Line 32, strike "take any other adverse action against any person in" insert "discriminate or subject any person to"
Page 3, line 28, after "wages" insert "and earned paid sick time"
Line 31, after "rate" insert "or earned paid sick time"
Page 4, lines 25, 27 and 28, after "wages" insert "or earned paid sick time"
Page 5, line 4, after "wages" insert "or earned paid sick time"
Line 22, strike "The establishment of a uniform minimum wage is a matter"
Line 23, strike "of statewide concern. Only"
Line 25, after the period strike remainder of line
Strike lines 26 and 27
Line 28, strike "lower than that prescribed in this article." insert "A county, city or town may by ordinance regulate minimum wages and benefits within the county's, city's or town's geographic boundaries but may not provide for a minimum wage lower than that prescribed in this article."
Page 6, strike lines 6 through 15, insert:
"J. For purposes of this section:
1. "Article" means both article 8 and article 8.1 of this chapter.
2. "Earned paid sick time" has the same meaning prescribed in section 23-371.
3. "Employer" has the same meaning prescribed in section 23-362 for purposes of minimum wage enforcement and has the same meaning prescribed in section 23-371 for purposes of earned paid sick time enforcement.
4. "Retaliation" means denial of any right guaranteed under article 8 and article 8.1 of this chapter and any threat, discharge, suspension, demotion, reduction of hours or any other adverse action against an employee for the exercise of any right guaranteed under article 8 and article 8.1 of this chapter including any sanctions against an employee who is the recipient of public benefits for rights guaranteed herein. Retaliation includes interference with or punishment for in any manner participating in or assisting an investigation, proceeding or hearing under this article.
Sec. 3. Title 23, chapter 2, Arizona Revised Statutes, is amended by adding article 8.1, to read:
ARTICLE 8.1. EARNED PAID SICK TIME
23-371. Definitions
In this article, unless the context otherwise requires:
1. "Abuse" has the same meaning prescribed in section 13-3623.
2. "Commission" means the industrial commission of Arizona.
3. "Domestic violence" has the same meaning prescribed in section 13-3601.
4. "Earned paid sick time" means time that is compensated at the same hourly rate and with the same benefits, including health care benefits, as the employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in section 23-373, but in no case shall this hourly amount be less than that provided under the fair labor standards act of 1938 (29 United States Code section 206(a)(1)) or section 23-363.
5. "Employ" has the same meaning prescribed in section 23-362.
6. "employee" has the same meaning prescribed in section 23-362 and includes recipients of public benefits who are engaged in work activity as a condition of receiving public assistance.
7. "Employer” includes any corporation, proprietorship, partnership, joint venture, limited liability company, trust, association, political subdivision of the state, individual or other entity acting directly or indirectly in the interest of an employer in relation to an employee, but does not include this state or the United States.
8. "Family member" means:
(a) Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or an individual to whom the employee stood in loco parentis when the individual was a minor.
(b) A biological, foster, stepparent or adoptive parent or legal guardian of an employee or an employee’s spouse or domestic partner or a person who stood in loco parentis when the employee or employee’s spouse or domestic partner was a minor child.
(c) A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision.
(d) A grandparent, grandchild or sibling, whether of a biological, foster, adoptive or step relationship, of the employee or the employee’s spouse or domestic partner.
(e) Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
9. "Retaliation" has the same meaning prescribed in section 23-362.
10. "Sexual violence" means an offense prescribed in either:
(a) Title 13, chapter 14, except for sections 13-1408 and 13-1422.
(b) Sections 13-1304, subsection A, paragraph 3, 13-1307, 13-3019, 13-3206, 13-3212, 13-3552, 13-3553, 13-3554 or 13-3560.
11. Stalking" means a violation of section 13-2923.
12. "Year" means a regular and consecutive twelve month period as determined by the employer.
23-372. Accrual of earned paid sick time
A. Employees of an employer with fifteen or more employees accrues a minimum of one hour of earned paid sick time for every thirty hours worked. Employees are not entitled to accrue or use more than fifty six hours of earned paid sick time per year, unless the employer selects a higher limit.
B. Employees of an employer with fewer than fifteen employees accrue a minimum of one hour of earned paid sick time for every thirty hours worked. Employees are not be entitled to accrue or use more than forty hours of earned paid sick time per year, unless the employer selects a higher limit.
C. In determining the number of employees performing work for an employer for compensation during a given week, all employees performing work for compensation on a full‑time, part‑time or temporary basis shall be counted. If the number of employees who work for an employer for compensation per week fluctuates above and below fifteen employees per week over the course of the year, an employer is required to provide earned paid sick time pursuant to subsection A of this section if it maintained fifteen or more employees on the payroll for some portion of a day in each of twenty different calendar weeks, whether or not the weeks were consecutive, in either the current or the preceding year irrespective of whether the same individuals were in employment in each day.
D. All employees accrue earned paid sick time as follows:
1. Earned paid sick time as provided in this section shall begin to accrue at the commencement of employment or on July 1, 2017, whichever is later. An employer may provide all earned paid sick time that an employee is expected to accrue in a year at the beginning of the year.
2. An employee may use earned paid sick time as it accrues, except that an employer may require an employee hired after July 1, 2017, to wait until the ninetieth calendar day after commencing employment before using accrued earned paid sick time, unless otherwise permitted by the employer.
3. Employees who are exempt from overtime requirements under the fair labor standards act of 1938 (29 United States code section 213(a)(1)) will be assumed to work forty hours in each work week for purposes of earned paid sick time accrual unless their normal work week is less than forty hours, in which case earned paid sick time accrues based upon that normal work week.
4. Earned paid sick time shall be carried over to the following year, subject to the limitations on usage in subsections A and B of this section. Alternatively, in lieu of carryover of unused earned paid sick time from one year to the next, an employer may pay an employee for unused earned paid sick time at the end of a year and provide the employee with an amount of earned paid sick time that meets or exceeds the requirements of this article that is available for the employee’s immediate use at the beginning of the subsequent year.
5. If an employee is transferred to a separate division, entity or location, but remains employed by the same employer, the employee is entitled to all earned paid sick time accrued at the prior division, entity or location and is entitled to use all earned paid sick time as provided in this section. If there is a separation from employment and the employee is rehired within nine months of separation by the same employer, previously accrued earned paid sick time that had not been used shall be reinstated. The employee is entitled to use accrued earned paid sick time and accrue additional earned paid sick time at the recommencement of employment.
6. If a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all earned paid sick time they accrued when employed by the original employer, and are entitled to use earned paid sick time previously accrued.
7. At the employer's discretion, an employer may loan earned paid sick time to an employee in advance of accrual by such employee.
E. Any employer with a paid leave policy, such as a paid time off policy, that makes available an amount of paid leave sufficient to meet the accrual requirements of this section that may be used for the same purposes and under the same conditions as earned paid sick time under this article is not required to provide additional paid sick time.
F. This article does not require financial or other reimbursement to an employee from an employer on the employee's termination, resignation, retirement or other separation from employment for accrued earned paid sick time that has not been used.
23-373. Use of earned paid sick time
A. Earned paid sick time shall be provided to an employee by an employer for the following:
1. An employee's mental or physical illness, injury or health condition, an employee's need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or an employee's need for preventive medical care.
2. Care of a family member with a mental or physical illness, injury or health condition, care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition or care of a family member who needs preventive medical care.
3. Closure of the employee's place of business by order of a public official due to a public health emergency or an employee's need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for oneself or a family member if it has been determined by the health authorities having jurisdiction or by a health care provider that the employee's or family member's presence in the community may jeopardize the health of others because of the employee's or family member's exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease.
4. Notwithstanding section 13-4439, absence necessary due to domestic violence, sexual violence, abuse or stalking, if the leave is to allow the employee to obtain for the employee or the employee’s family member:
(a) Medical attention needed to recover from physical or psychological injury or disability caused by domestic violence, sexual violence, abuse or stalking.
(b) Services from a domestic violence or sexual violence program or victim services organization.
(c) Psychological or other counseling.
(d) Relocation or taking steps to secure an existing home due to the domestic violence, sexual violence, abuse or stalking.
(e) Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence, sexual violence, abuse or stalking.
B. Earned paid sick time shall be provided on the request of an employee. The request may be made orally, in writing, by electronic means or by any other means acceptable to the employer. If possible, the request shall include the expected duration of the absence.
C. If the use of earned paid sick time is foreseeable, the employee shall make a good faith effort to provide notice of the need for such time to the employer in advance of the use of the earned paid sick time and shall make a reasonable effort to schedule the use of earned paid sick time in a manner that does not unduly disrupt the operations of the employer.
D. An employer that requires notice of the need to use earned paid sick time if the need is not foreseeable shall provide a written policy that contains procedures for the employee to provide notice. An employer that has not provided to the employee a copy of the employer's written policy for providing such notice shall not deny earned paid sick time to the employee based on noncompliance with such a policy.
E. An employer may not require, as a condition of an employee's taking earned paid sick time, that the employee search for or find a replacement worker to cover the hours during which the employee is using earned paid sick time.
F. Earned paid sick time may be used in the smaller of hourly increments or the smallest increment that the employer's payroll system uses to account for absences or use of other time.
G. For earned paid sick time of three or more consecutive work days, an employer may require reasonable documentation that the earned paid sick time has been used for a purpose covered by subsection A of this section. Documentation signed by a heath care professional indicating that earned paid sick time is necessary shall be considered reasonable documentation for the purposes of this section. In cases of domestic violence, sexual violence, abuse or stalking, one of the following types of documentation selected by the employee shall be considered reasonable documentation:
1. A police report indicating that the employee or the employee's family member was a victim of domestic violence, sexual violence, abuse or stalking;
2. A protective order, injunction against harassment, general court order or other evidence from a court or prosecuting attorney that the employee or employee's family member appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual violence, abuse, or stalking.
3. A signed statement from a domestic violence or sexual violence program or victim services organization affirming that the employee or employee's family member is receiving services related to domestic violence, sexual violence, abuse or stalking.
4. A signed statement from a witness advocate affirming that the employee or employee's family member is receiving services from a victim services organization.
5. A signed statement from an attorney, member of the clergy or a medical or other professional affirming that the employee or employee's family member is a victim of domestic violence, sexual violence, abuse or stalking.
6. An employee's written statement affirming that the employee or the employee's family member is a victim of domestic violence, sexual violence, abuse or stalking, and that the leave was taken for one of the purposes of subsection A, paragraph 4 of this section. The employee's written statement, by itself, is reasonable documentation for absences under this paragraph. The written statement does not need to be in an affidavit format or notarized, but shall be legible if handwritten and shall reasonably make clear the employee's identity and, if applicable, the employee's relationship to the family member.
H. The provision of documentation under subsection G of this section does not waive or diminish any confidential or privileged communications between a victim of domestic violence, sexual violence, abuse or stalking with one or more of the individuals named in subsection G of this section.
I. An employer may not require that documentation under subsection G of this section explain the nature of the health condition or the details of the domestic violence, sexual violence, abuse or stalking.
23-374. Exercise of rights protected; retaliation prohibited
A. It is unlawful for an employer or any other person to interfere with, restrain or deny the exercise of, or the attempt to exercise, any right protected under this article.
B. An employer may not engage in retaliation or discriminate against an employee or former employee because the person has exercised rights protected under this article. Such rights include the right to request or use earned paid sick time pursuant to this article, the right to file a complaint with the commission or courts or inform any person about any employer's alleged violation of this article, the right to participate in an investigation, hearing or proceeding or cooperate with or assist the commission in the commission's investigations of alleged violations of this article and the right to inform any person of the person's potential rights under this article.
C. It is unlawful for an employer's absence control policy to count earned paid sick time taken under this article as an absence that may lead to or result in discipline, discharge, demotion, suspension or any other adverse action.
D. Protections of this section apply to any person who mistakenly but in good faith alleges violations of this article.
23-375. Notice requirements; civil penalty
A. Employers shall give employees written notice of the following at the commencement of employment or by July 1, 2017, whichever is later: employees are entitled to earned paid sick time and the amount of earned paid sick time, the terms of earned paid sick time use guaranteed under this article, that retaliation against employees who request or use earned paid sick time is prohibited, that each employee has the right to file a complaint if earned paid sick time as required by this article is denied by the employer or the employee is subjected to retaliation for requesting or taking earned paid sick time, and the contact information for the commission where questions about rights and responsibilities under this article can be answered.
B. The notice required in subsection A of this section shall be in English, Spanish and any language that is deemed appropriate by the commission.
C. The amount of earned paid sick time available to the employee, the amount of earned paid sick time taken by the employee to date in the year and the amount of pay the employee has received as earned paid sick time shall be recorded in or on an attachment to the employee's regular paycheck.
D. The commission shall create and make available to employers, in English, Spanish and any language deemed appropriate by the commission, model notices that contain the information required under subsection A of this section for employers' use in complying with subsection A of this section.
E. An employer who violates the notice requirements of this section is subject to a civil penalty pursuant to section 23‑364, subsection F.
23-376. Implementation and enforcement
The commission is authorized to coordinate implementation and enforcement of this article and shall adopt appropriate rules for the implementation and enforcement of this article.
23-377. Confidentiality and nondisclosure
A. An employer may not require disclosure of details relating to domestic violence, sexual violence, abuse or stalking or the details of an employee's or an employee's family member's health information as a condition of providing earned paid sick time under this article.
B. If an employer possesses health information or information pertaining to domestic violence, sexual violence, abuse or stalking about an employee or employee's family member, that information shall be treated as confidential and not disclosed except to the affected employee or with the permission of the affected employee.
23-378. Effect on other paid sick leave policies, federal law or other local laws
A. This article provides minimum requirements pertaining to earned paid sick time and shall not be construed to preempt, limit or otherwise affect the applicability of any other law, regulation, requirement, policy or standard that provides for greater accrual or use by employees of earned paid sick time or that extends other protections to employees. This article shall not be interpreted or applied so as to create a conflict with federal law.
B. This article does not:
1. Prohibit an employer from the adoption or retention of an earned paid sick time policy more generous than the one required by this article.
2. Diminish the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan or other agreement providing more generous paid sick time to an employee than required by this article.
3. Diminish the rights of public employees regarding paid sick time or use of paid sick time.
4. Supersede any local law that provides greater rights to paid sick time than the rights established by this article.
23-379. Outreach program
The commission may develop and implement a multilingual outreach program to inform employees, parents and persons who are under the care of a health care provider about the availability of earned paid sick time under this article. The outreach program may include the distribution of notices and other written materials in English, Spanish and any language deemed appropriate by the commission to all child care and elder care providers, domestic violence shelters, schools, hospitals, community health centers and other health care providers.
23-380. Collective bargaining agreements
All or any portion of the earned paid sick time requirements provided by this article do not apply to employees covered by a valid collective bargaining agreement, to the extent that the requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms. The provisions of this article do not apply to employees covered by a collective bargaining agreement in effect on the effective date of this act until the stated expiration date in the collective bargaining agreement."
Amend title to conform
