On or before July 1, 2017, employers are required to provide all current employees with notice of their rights under the new Arizona paid sick time law, the Arizona Fair Wages and Healthy Families Act. All employees hired after July 1, 2017, must be provided the notice at the time of hire. The Industrial Commission of Arizona has stated that the Earned Paid Sick Time poster satisfies the notice requirement. Therefore, employers may post the poster in a conspicuous place, along with the other labor law posters.
In addition to the posting/notice requirements, employers are required to provide information about the amount of paid sick time (or paid time off, if the employer has a compliant paid time off policy) awarded with each paycheck. The paycheck, or a separate document provided with the paycheck, must include:
(1) The amount of earned paid sick time or PTO available;
(2) The amount of earned paid sick time or PTO taken year-to-date; and
(3) The amount of pay employee has received as earned paid sick time or PTO.
Employers should ensure that their payroll system is prepared for the new requirements of earned paid sick time.
Couple of quick tips:
The Industrial Commission of Arizona will be issuing revised regulations for comment and will likely issue more frequently asked questions. Employers should stay up to date with any new guidance or regulations from the Industrial Commission.
Many people and companies --even payroll services, lawyers and HR professionals-- are not understanding this law correctly. Some companies are providing too much in benefits, not using the right word choice, using word choice that could subject them to liability and claims, and generally misunderstanding what the law does and does not do. Please be cautious to be informed and get assistance with knowledgeable legal counsel before implementing on July 1. There are many nuances regarding this law. Thank you for paying attention to these important issues.
Julie Pace's practice handles employment law, handbooks, drug and alcohol policies, I-9 and E-Verify compliance, OSHA, independent contractor and alleged misclassification issues with DES and other government agencies, and defends claims of sexual harassment, employment discrimination, retaliation, whistleblower, and wrongful discharge, and against charges by the EEOC or ACRD. She handles matters involving OSHA, ICE, OFCCP, DOL, NLRB, ADA, FMLA, ERISA, ACA, Davis-Bacon, FAR, SCA, government contracts, and wage and hour laws. She regularly provides training to companies and assists with investigations. Julie can be reached at 602.322.4046 or firstname.lastname@example.org