As business owners, you are all aware of the recent vote to raise the state minimum wage to $6.75 per hour, per Arizona voter approval of Proposition 202. In addition, the new law mandates annual wage adjustments according to increases in the cost of living (CPI). As an Arizona Human Resources Consultant, I am working with clients to inform and educate on the new regulations and impact on businesses in the community.
Most businesses will be required to comply with the new state statue, however there are limited exceptions, including any person who is employed by a parent or sibling, “casual” babysitters, the Arizona state government, the federal government, employees who regularly receive tips (may be paid a minimum of 3.75/hour), and businesses that have less than $500,000.00 in gross annual revenue and that are exempt from the state minimum wage law.
OVERTIME
The increase in wages will obviously effect overtime pay, whereas one who earns $6.75 per hour, will earn $10.13 per hour for hours worked over 40 in a workweek This change will effect the ways in which employers manage overtime of non-exempt staff. Perhaps this encourages an emphasis on work/life balance and reminds us the 40-hour workweek as originally defined by the Fair Labor Standards Act of 1938.
TIPPED EMPLOYEES
Currently, tipped employees are paid a minimum of $2.13 per hour plus tips, which must equate to at least minimum wage in a workweek. When reported wages are less than minimum wage, the employer is responsible for adjusting the employee's pay accordingly. Under the new statute, employers may pay $3.00 per hour less than the state minimum wage ($3.75 per hour). Arizona Restaurant Association was a big advocate in fighting against the raise in minimum wage hike.
RECORD KEEPING
Proposition 202 requires new measures in record keeping requirements. The Equal Pay Act and the Fair Labor Standards Act both require retention of payroll record information for three years; the new provisions necessitate retaining records for four years.
IMPACT ON BUSINESSES
Offsetting costs may be possible by passing it along to consumer. Some business may need to assess their current workforce and reductions may be in order. Businesses may consider automating processes that may result in cost savings. Outsourcing will likely become a significant cost saving measure.
IMPACT ON WORKFORCE
As low wage ($5.15 to $6.75 per hour) earners will be impacted, thusly so will workers receiving wages in excess of $6.75 per hour. Known as the “ripple effect,” Theoretically, all workers should experience a positive impact with regard their pay. Negative impacts may also arise from loss of jobs, higher income taxes and increased cost of products.
Since the passage of Proposition 202, there has been much to be said on both the positive and negative impact of raising the state minimum wage. Nevertheless, Arizona business owners and their employees are likely to face significant changes in the coming months.
Raise In Minimum Wage
All employers are required by state and federal laws to provide the minimum wage to its workers and employees. If an employer would not comply, an employee may file a complaint with the Division of Labor Standards Enforcement (the Labor Commissioner’s office) or file a lawsuit in court against the employer to recover for lost wages.
If the claim is made, the government representative will do the following tasks:
•Meet with the employer
•Access the payroll records
•Talk with the employees
•Assess any possible violations
Enforcement and Sanctions
Under the law, the Department of Labor will require the employer to compensate the worker for back pay. The department also has the power to:
•Fine employers who do not comply with the law
•Prosecute non-complying employers
•Make erring employers pay attorney’s fees
•Make employers pay “liquidated damages"
Many states have their own wage collection statutes that provide for back wages, attorney’s fees, and statutory damages. These laws vary significantly from state to state.
These are the steps to take to obtain your minimum wage claim:
1.Submit claim to the labor commissioner’s office - After your claim is completed and filed, a Deputy Labor Commissioner will determine, based upon the circumstances of the claim and information presented how best to proceed. Initial action taken regarding the claim can be referral to a conference or hearing, or dismissal of the claim.
2.Conference - The purpose of the conference is to determine the validity of the claim, and to see if the claim can be resolved without a hearing. If the claim is not resolved at the conference, the next step usually is to refer the matter to a hearing or dismiss it for lack of evidence.
3.Decision - After the hearing, an order, decision, or award (ODA) of the Labor commissioner will be served on both parties.
Either party may appeal the ODA to a civil court of competent jurisdiction. The court will set the matter for trial, with each party having the opportunity to present evidence and witnesses. The evidence and testimony presented at the Labor Commissioner’s hearing will not be the basis for the court’s decision. In the case of an appeal by the employer, DLSE may represent an employee who is financially unable to afford counsel in the court proceeding.
In pursuing a minimum wage claim, it is best to have the services of an employment lawyer who specializes in minimum wage claims. His skills and experience in handling cases in his area of specialization would improve your chances of success.
Both Freelance Writer & Manuel Salvacion are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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