The Prop 206 Penalty: Differences in Interpretation of Arizona’s Paid Sick Time Law

In 2016, voters passed Proposition 206 (“Prop 206”) by ballot initiative. Prop 206, titled Fair Wages and Healthy Families Act, required employers in Arizona grant their employees paid sick time. Among other things, Prop 206 included an interesting penalty provision that states:

 Any employer who retaliates against an employee or other person in violation of this article shall be required to pay the employee an amount set by the commission or a court sufficient to compensate the employee and deter future violations, but not less than one hundred fifty dollars for each day that the violation continued or until legal judgment is final.

But without a legislative record, and without any binding legal precedent (yet), practitioners are left to debate endlessly on when this penalty begins and ends. How long does a retaliatory violation continue? When is legal judgment final (through trial? What about an appeal? If a party wins on summary judgment, does it continue through until a judgment with Rule 54(c) language?)? Ms. Viola’s presentation will continue that discussion and will also discuss how other jurisdictions with similar penalty provisions are implementing those penalties.

Chairs:
Samantha Caplinger, Yen Pilch Robaina & Kresin PLC
Alden Thomas, Jaburg Wilk P.C.
Jacob Valdez, Fisher & Phillips LLP

Faculty:
Corrinne Viola, Jaburg Wilk P.C.