OFFICIAL TITLE
An Initiative Measure
REPEALING
SECTION 23-362, AMENDING BY ADDING
Be it enacted by the People of Arizona.
Section 1. This act may be cited
as the “Raise the Minimum Wage for Working Arizonans Act”
The People of the State of
Article 8. Minimum
Wage
The
People of the State of
4. Increasing the minimum wage reduces dependency on taxpayer-funded
public services
23-362. DEFINITIONS
AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
A. “EMPLOYEE” MEANS ANY PERSON WHO IS OR WAS EMPLOYED BY
AN EMPLOYER BUT DOES NOT INCLUDE ANY PERSON WHO IS EMPLOYED BY A PARENT OR A
SIBLING, OR WHO IS EMPLOYED PERFORMING BABYSITTING SERVICES IN THE EMPLOYER’S
HOME ON A CASUAL BASIS.
B. “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 THE STATE OF
C. “SMALL BUSINESS” MEANS ANY CORPORATION,
PROPRIETORSHIP, PARTNERSHIP, JOINT VENTURE, LIMITED LIABILITY COMPANY, TRUST,
OR ASSOCIATION THAT HAS LESS THAN FIVE HUNDRED THOUSAND DOLLARS IN GROSS ANNUAL
REVENUE AND THAT IS EXEMPT FROM HAVING TO PAY A MINIMUM WAGE UNDER SECTION
206(A) OF TITLE 29 OF THE UNITED STATES CODE.
D. “EMPLOY” INCLUDES TO SUFFER OR PERMIT TO WORK; WHETHER
A PERSON IS AN INDEPENDENT CONTRACTOR OR AN EMPLOYEE SHALL BE DETERMINED
ACCORDING TO THE STANDARDS OF THE FEDERAL FAIR LABOR STANDARDS ACT, BUT THE
BURDEN OF PROOF SHALL BE UPON THE PARTY FOR WHOM THE WORK IS PERFORMED TO SHOW
INDEPENDENT CONTRACTOR STATUS BY CLEAR AND CONVINCING EVIDENCE.
E. “WAGE” MEANS
MONETARY COMPENSATION DUE TO AN EMPLOYEE BY REASON OF EMPLOYMENT, INCLUDING AN
EMPLOYEE’S COMMISSIONS, BUT NOT TIPS OR GRATUITIES.
F. “LAW ENFORCEMENT OFFICER” MEANS THE ATTORNEY GENERAL,
A CITY ATTORNEY, A
G. “COMMISSION” MEANS THE INDUSTRIAL COMMISSION OF
A. EMPLOYERS SHALL PAY EMPLOYEES NO LESS THAN THE MINIMUM
WAGE, WHICH SHALL BE SIX DOLLARS
B. THE MINIMUM WAGE SHALL BE INCREASED ON JANUARY 1, 2008
C. FOR ANY EMPLOYEE WHO CUSTOMARILY
23-364. ENFORCEMENT
A. THE COMMISSION IS AUTHORIZED TO ENFORCE AND IMPLEMENT
THIS ARTICLE AND MAY PROMULGATE REGULATIONS CONSISTENT WITH THIS ARTICLE TO DO
SO.
B. NO EMPLOYER OR OTHER PERSON SHALL 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 RIGHTS.
TAKING ADVERSE ACTION AGAINST A PERSON WITHIN NINETY DAYS OF A PERSON’S
ENGAGING IN THE FOREGOING ACTIVITIES SHALL RAISE A PRESUMPTION THAT SUCH ACTION
WAS RETALIATION, WHICH MAY BE REBUTTED BY CLEAR AND CONVINCING EVIDENCE THAT
SUCH 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 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 AS LONG AS POSSIBLE.
WHERE THE COMMISSION DETERMINES THAT AN EMPLOYEE’S NAME MUST BE
DISCLOSED IN ORDER TO INVESTIGATE A COMPLAINT FURTHER, IT MAY SO DO ONLY WITH
THE EMPLOYEE’S CONSENT.
D. EMPLOYERS SHALL POST NOTICES IN THE WORKPLACE, IN SUCH
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
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 REDUCE OR WAIVE THE RECORDKEEPING AND
POSTING REQUIREMENTS HEREIN FOR ANY CATEGORIES OF SMALL EMPLOYERS WHOM IT 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 INTERVIEW EMPLOYEES AWAY FROM THE WORKSITE, AND SHALL NOT
HINDER ANY INVESTIGATION. SUCH INFORMATION
PROVIDED SHALL KEEP CONFIDENTIAL EXCEPT AS IS REQUIRED TO PROSECUTE VIOLATIONS
OF THIS ARTICLE. EMPLOYERS SHALL PERMIT
AN EMPLOYEE OR HIS OR HER 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 SUBJECT TO A CIVIL PENALTY OF AT LEAST $250 DOLLARS FOR A FIRST VIOLATION,
AND AT LEAST $1000 DOLLARS FOR EACH SUBSEQUENT OR WILLFUL VIOLATION AND MAY, IF
THE COMMISSION OR COURT DETERMINES APPROPRIATE, BE SUBJECT TO SPECIAL
MONITORING AND INSPECTIONS.
G. ANY EMPLOYER WHO 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 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 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 FEES AND COSTS OF SUIT.
H. A CIVIL ACTION TO ENFORCE THIS ARTICLE MAY BE
COMMENCED NO LATER THAN TWO YEARS AFTER A VIOLATION LAST OCCURS, OR THREE YEARS
IN THE CASE OF A WILLFUL VIOLATION, AND MAY ENCOMPASS ALL VIOLATIONS THAT OCCURRED
AS 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 INVESTIGATION SHALL NOT BAR A PERSON FROM
BRINGING A CIVIL ACTION UNDER THIS ARTICLE.
NO VERBAL OR WRITTEN AGREEMENT OR EMPLOYMENT CONTRACT MAY WAIVE ANY
RIGHTS UNDER THIS ARTICLE.
I.
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.
Section 4. Severability
If any part of this law, or
the application of the law to any person or circumstance, is held invalid, the
remainder of this law, including the application of such part to other persons
or circumstances, shall not be affected by such a holding and shall continue in
full force and effect. To this end, the
parts of this law are severable.
This article shall take
effect January 1, 2007.