ARIZONA
HOUSE OF REPRESENTATIVES
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HCR 2028: wages; leave; retaliation presumption; repeal |
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PRIME SPONSOR: Representative Mesnard, LD 17 BILL STATUS: Caucus & COW |
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Relating to employment practices.
Provisions
1. Eliminates the rebuttable presumption that an adverse action was retaliation, if the action was taken by the employer within 90 days of a person asserting a wage or benefits claim or assisting or informing another person of those rights. (Sec. 1)
2. Makes conforming changes by eliminating the standard of evidence for rebutting the presumption. (Sec. 1)
3. Requires the Secretary of State to submit the proposition to the voters at the next general election. (Sec. 1)
4. Becomes effective if passed by the voters and on proclamation of the Governor.
Current Law
A.R.S. § 23-364 prohibits an employer or any other person from discriminating or subjecting any person to retaliation for asserting a claim related to the minimum wage or earned paid sick time requirements, for assisting another person in doing so or for informing any person about his or her rights. Statute defines retaliation as a threat, discharge, suspension, demotion, reduction of hours, or any other adverse action taken against an employee. Statute establishes a rebuttable presumption that an adverse action is retaliation if the employer takes such action against the person within 90 days of the person engaging in the above-mentioned activities. An employer may rebut that presumption by clear and convincing evidence that the action was taken for other permissible reasons. Further, an employer who retaliates against an employee or other person must pay the employee an amount set by the ICA or court "sufficient to compensate the employee and deter future violations." The amount must be at least $150 for each day the violation continued or until legal judgment is final.
Additional Information
The Arizona voters approved Proposition 206, the Fair Wages and Healthy Families Act, on November 8, 2016, which establishes a new state minimum wage and requires employers to provide earned paid sick time benefits to employees, effective July 1, 2017. The ICA administers and enforces the wage and benefit provisions.
Claims for retaliation or discrimination must be filed with the Labor Department of the ICA within one year from the date of the alleged violation or when the employee knew or should have known of the alleged violation (A.A.C. R20-5-1211). Additionally, the Attorney General or a city, town or county attorney or any private party injured by a violation may bring a civil action for enforcement purposes.
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Fifty-third Legislature HCR 2028
Second Regular Session Version 2: Caucus & COW
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