The Prop 206 Penalty: Differences in Interpretation of Arizona’s Paid Sick Time Law
Total Credits: 1 CLE
- Average Rating:
- 12
- Categories:
- Employment & Labor Law
- Faculty:
- Samantha Laine Caplinger | Alden A Thomas | Corrinne Rebecca Viola | Jacob Ryan Valdez
- Format:
- Audio and Video
- Original Program Date:
- Jan 29, 2024
Description
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.
Handouts
| 1.29.24 Prop 206 Materials (1.5 MB) | 20 Pages | Available after Purchase |
Faculty
Samantha Laine Caplinger Related Seminars and Products
has been a Deputy County Attorney with the Maricopa County Attorney’s Office since 2013. She graduated from the University of Arizona James E. Rogers College of Law in 2012. Currently, Samantha is assigned to the Sex Crimes Bureau where she handles cases involving sexually motivated crime, including the human trafficking of minors. Prior to working in the Sex Crimes Bureau, Samantha was assigned to the Community Based Prosecution Division where she handled a variety of cases involving crimes occurring in the southwest area of Maricopa County.
Alden A Thomas Related Seminars and Products
Alden is a shareholder at Jaburg Wilk and chairs the firm’s Employment and Education Law Departments. She assists employees and employers with wage and hour disputes, harassment and discrimination claims, restrictive covenant disputes, whistleblower claims, and federal and state compliance issues. In her education practice, she assists students and educators with residency, tuition, disability accommodation, discrimination and retaliation, disciplinary matters, and tenure and promotion disputes. Alden has substantial experience representing clients in state and federal court, private arbitration, mediation, and in administrative proceedings. Her wide array of experience affords her unique insight into how to best protect her clients’ interests. Alden has been recognized as a Southwest Super Lawyer Rising Star, Best Lawyers One to Watch, and Phoenix Magazine Top Attorney. Before entering private practice, she clerked for the Honorable Patricia Orozco (Ret.) at the Arizona Court of Appeals.
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