REFERENCE TITLE: essential workers; minimum wage; overtime

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

SB 1757

Introduced by

Senators Quezada: Mendez

AN ACT

amending Title 23, chapter 2, Arizona Revised Statutes, by adding article 8.2; relating to employment practices.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, title 23, chapter 2, Arizona Revised Statutes, is amended by adding article 8.2, to read:

ARTICLE 8.2. ESSENTIAL WORKERS

START_STATUTE23-383. Essential workers; minimum wage; overtime pay; definition

A. Notwithstanding article 8 of this chapter and any other law:

1. Each employer in this state shall pay to each employee that is an essential worker wages at a rate of:

(a) Beginning on the effective date of this section through May 31, 2022, at least $15 per hour.

(b) Beginning June 1, 2022 through May 31, 2023, at least $17.50 per hour.

(c) From and after May 31, 2023, at least $20 per hour.

2. Notwithstanding any other law, an employer in this state shall pay each employee that is an essential worker wages at a rate as prescribed in paragraph 1 of this subsection for the first forty hours of working time in any week and one and one-half times such employee's regular hourly wage for each hour of working time in excess of forty hours in any week, except that an employer is not required to pay the overtime rate to an employee employed in a bona fide executive, administrative or professional capacity.

3. If the current in-state or federal prevailing wage for government contractors in the same class or functional area is higher than the minimum wage prescribed in paragraph 1 of this subsection, an employer shall pay the employee that is an essential worker at the higher rate.

B. For the purposes of this section, "essential worker" means either of the following:

1. All workers defined as essential under the laws of this state or an executive order.

2. All workers defined as essential in federal guidance, including the advisory memorandum on identification of essential critical infrastructure workers during COVID-19 response dated March 28, 2020 issued by the office of the director of the United States department of homeland security cybersecurity and infrastructure security agency. END_STATUTE

Sec. 2. Short title

This act may be cited as the "Essential Wages for Essential Workers Act".

Sec. 3. Requirements for enactment; three-fourths vote

Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 23-383, Arizona Revised Statutes, as added by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.