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REFERENCE TITLE: overtime pay |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2196 |
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Introduced by Representatives Andrade: Fernandez, Hernandez M, Powers Hannley, Salman, Terán
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AN ACT
amending title 23, chapter 2, article 7, Arizona Revised Statutes, by adding section 23-361.03; relating to the payment of wages.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, article 7, Arizona Revised Statutes, is amended by adding section 23-361.03, to read:
23-361.03. Overtime pay; exemption; rules
A. Notwithstanding any other law, to qualify as an individual who is employed in a bona fide administrative, executive or professional capacity and who is exempt from the overtime pay requirements as prescribed in the fair labor standards act of 1938 and the regulations adopted pursuant to that act, an individual shall be compensated on a salary basis in an amount per week, exclusive of board, lodging or other facilities, that is not less than the amount determined by the industrial commission of Arizona under Subsection D of this section.
B. The salary requirements described in subsection A of this section do not apply to teachers, licensed medical professionals, licensed attorneys or other individuals who are employed in a professional capacity to whom the salary requirements for exemption under the United States department of labor regulations that were in effect in 2015 would not have applied.
C. The required amount of compensation per week under subsection A of this section may be either:
1. For an individual who is employed in an administrative capacity or a professional capacity, paid on a fee basis.
2. Translated into equivalent amounts and paid on a basis that is for a period of time longer than one week, including biweekly, semimonthly or monthly.
D. On the effective date of this section, the commission shall set the salary amount under subsection A of this section at the fortieth percentile of weekly earnings of full-time nonhourly workers in the lowest-wage census region in the second quarter of the year immediately preceding the update published by the United States department of labor, bureau of labor statistics. On January 1, 2024, and every three years thereafter, the commission shall adjust the salary amount under Subsection A of this section to equal the fortieth percentile of weekly earnings of full-time nonhourly workers in the lowest-wage census region in the second quarter of the year immediately preceding the update published by the United States department of labor, bureau of labor statistics.
E. The commission may adopt rules to implement this section.