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REFERENCE TITLE: wages rates; variations |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1659 |
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Introduced by Senators Gonzales: Quezada, Steele, Terán
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AN ACT
amending section 23-341, arizona revised statutes; relating to equal wages.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-341, Arizona Revised Statutes, is amended to read:
23-341. Equal wage rates; variations; penalties; enforcement
A. Notwithstanding the other provisions of this chapter, no an employer shall may not pay any person in his the employer's employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work, provided, that nothing herein shall prohibit a variation of rates of pay for male and female employees engaged in the same classification of work based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight, or other reasonable differentiation, factor or factors other than sex, when exercised in good faith. substantially similar work, when viewed as a composite of skill, effort and responsibility and performed under similar working conditions, unless the employer can demonstrate:
1. A wage rate differential based on one or more of the following factors:
(a) A SENIORITY system.
(b) a Merit system.
(c) A system that measures EARNINGS by quantity or quality of production.
(d) A bona fide factor other than sex, such as education, training or experience. This factor applies only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in wage rates, is related to the employment POSITION in question and is consistent with a business necessity. This factor does not apply if the employee demonstrates that an alternative business practice exists that would serve the same business necessity without producing the wage rate DIFFERENTIAL.
b. An employer who is in violation of subsection a of this section may not reduce the wage rate of any employee in order to comply with subsection a of this section.
B. c. Any employer who that violates subsection A of this section is liable to the employee affected in the amount of the wages of which such the employee is deprived by reason of such the violation.
C. D. Any affected employee may register with the commission a complaint that the wages paid to such that employee are less than the wages to which such that employee is entitled under this section.
E. notwithstanding any other law, A labor organization or its agents may not cause or attempt to cause an employer to act in violation of this section. For the purposes of this subsection, "labor organization" means any organization of any kind, or an agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.
D. F. The commission shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to such employees.
E. g. Any employee receiving less than the wage to which such the employee is entitled under this section may recover in a civil action the balance of such wages, together with the costs of suit, notwithstanding any agreement to work for a lesser wage.
F. h. Any action based upon on or arising under this section shall be instituted within six months after the date of the alleged violation, but in no event shall any an employer be is not liable for any pay due under this section for more than thirty days prior to before receipt by the employer of written notice of claim thereof of the violation from the employee.
G. i. The burden of proof shall be upon is on the person bringing the claim to establish that the differentiation in rate of pay is based upon on the factor of sex and not upon on other differences, factor or factors.