Bill Text: AZ SB1368 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: Minimum wage; employee; definition
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-19 - Senate majority caucus: Do pass [SB1368 Detail]
Download: Arizona-2013-SB1368-Introduced.html
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REFERENCE TITLE: minimum wage; employee; definition |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1368 |
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Introduced by Senator Griffin
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AN ACT
amending section 23-362, Arizona Revised Statutes, as added by 2006 proposition 202, section 2; repealing section 23-362, Arizona Revised Statutes, as amended by laws 1997, chapter 51, section 1; relating to minimum wage.
(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, section 23-362, Arizona Revised Statutes, as added by 2006 Proposition 202, section 2, is amended to read:
23-362. Definitions
As used in this article, unless the context otherwise requires:
A. "Employee" means any person who is or was employed by an employer for wages but does not include any person who is employed by a parent or a sibling, or who is employed performing babysitting services in the employer's home on a casual basis.
B. "Employer" includes any corporation, proprietorship, partnership, joint venture, limited liability company, trust, association, political subdivision of the state, individual or other entity acting directly or indirectly in the interest of an employer in relation to an employee, but does not include the state of Arizona, the United States, or a small business.
C. "Small business" means any corporation, proprietorship, partnership, joint venture, limited liability company, trust, or association that has less than five hundred thousand dollars in gross annual revenue and that is exempt from having to pay a minimum wage under section 206(a) of title 29 of the United States Code.
D. "Employ" includes to suffer or permit to work; whether a person is an independent contractor or an employee shall be determined according to the standards of the federal fair labor standards act, but the burden of proof shall be upon the party for whom the work is performed to show independent contractor status by clear and convincing evidence.
E. "Wage" means monetary compensation due to an employee by reason of employment, including an employee's commissions, but not tips or gratuities.
F. "Law enforcement officer" means the attorney general, a city attorney, a county attorney or a town attorney.
G. "Commission" means the industrial commission of Arizona, any successor agency, or such other agency as the governor shall designate to implement this article.
Sec. 2. Repeal
Section 23-362, Arizona Revised Statutes, as amended by Laws 1997, chapter 51, section 1 is repealed.
Sec. 3. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 23-362, Arizona Revised Statutes, as added by 2006 Proposition 202, section 2, as amended by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.
