Arizona Repeal Presumption of Employer Retaliation Provision of Minimum Wage Law Measure (2018)
| Arizona Repeal Presumption of Employer Retaliation Provision of Minimum Wage Law Measure | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Labor and unions | |
| Status Not on the ballot | |
| Type State statute | Origin State legislature |
The Arizona Repeal Presumption of Employer Retaliation Provision of Minimum Wage Law Measure was not on the ballot in Arizona as a legislatively referred state statute on November 6, 2018.
The measure would have eliminated a provision of the state's minimum wage law that presumes that an employer's adverse actions against an employee were illegal retaliation if the employee filed or helped file a complaint regarding wages or sick time within the 90 days prior.[1]
Proposition 202 of 2006 enacted the minimum wage law, including the provision presuming that an employer's adverse actions were illegal retaliation. The law allowed employers to rebut the presumption with, according to the text, clear and convincing evidence. In 2016, voters approved Proposition 206, which increased the minimum wage and required that businesses with 15 or more employees provide paid sick time. Proposition 206 had the effect of applying the provision presuming employer illegal retaliation to sick time benefits, along with the minimum wage.
Text of measure
Full text
The full text of the measure is available here.
Support
Arguments
- House Speaker J.D. Mesnard (R-17) said the current law means that employers go into hearings "with guilt presumed that they must overcome." He added, "I don’t consider that fair at all. That’s giving everything to the employee and very little to the employer because ‘clear and convincing’ is a relatively high standard that they must overcome."[2]
Opposition
Arguments
- Rep. Reginald Bolding (D-27) stated, "Why would it not be OK to do everything we can to protect employees and ensure that employers show that they did not retaliate against employees? We need to be the last line of defense for workers in the state."[2]
Path to the ballot
- See also: Legislatively referred state statute
In Arizona, a referred statute must be passed by a simple majority vote in each house of the Arizona State Legislature during one legislative session.
Rep. J.D. Mesnard (R-17) introduced the ballot measure into the state legislature as House Concurrent Resolution 2028 (HCR 2028) during the 2018 legislative session. On February 21, 2018, the Arizona House of Representatives voted 35 to 25 to approve the bill. The vote was along partisan lines, with Republicans supporting and Democrats opposing HCR 2028.[3] On May 4, 2018, the Arizona State Legislature adjourned the 2018 legislative session without a vote on the measure in the state Senate.[4]
| Vote in the Arizona House of Representatives | |||
| Requirement: Simple majority vote of all members in each chamber | |||
Number of yes votes required: 31  | |||
| Yes | No | Not voting | |
|---|---|---|---|
| Total | 35 | 25 | 0 |
| Total percent | 58.33% | 41.67% | 0.00% |
| Democrat | 0 | 25 | 0 |
| Republican | 35 | 0 | 0 |
See also
External links
Footnotes
- ↑ Arizona State Legislature, "House Concurrent Resolution 2028," accessed February 22, 2018
- ↑ 2.0 2.1 Arizona Capitol Times, "House passes resolution to amend minimum wage law," February 21, 2018
- ↑ Arizona State Legislature, "HCR 2028," accessed February 22, 2018
- ↑ Associated Press, "The Latest: Arizona Legislature adjourns 2018 session," May 4, 2018
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