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(a) The minimum wage for all employees and workers for hire shall be:
(1) Thirteen dollars ($13.00) an hour on and after April 1, 2022;
(2) Thirteen dollars fifty cents ($13.50) an hour on and after January 1, 2023;
(3) Fourteen dollars twenty-five cents ($14.25) an hour on and after January 1, 2024;
(4) Fifteen dollars ($15.00) an hour on and after January 1, 2025;
(5) On January 1, 2026 and on each January 1 thereafter, an hourly amount that is increased by the rate of inflation multiplied by the minimum wage on December 31 of the previous year rounded to the nearest multiple of five cents ($0.05).
(b) If the federal minimum wage or state minimum wage is increased above the minimum wage provided for in this section, the minimum wage under this section will be increased to match the higher wage and will become the new minimum wage under this section on the same date that such higher federal or state minimum wage becomes effective. The adjustment described in subsection (a)(5) will continue on the following year.
(c) Tips regularly and actually received by a tipped employee may be applied by an employer to offset the employer's minimum wage obligation to a tipped employee, except that no more than three dollars ($3.00) per hour may be so applied. This section shall not be construed to prevent a tip pool arrangement, but an employer, owner, supervisor, or manager shall not participate in a tip pool arrangement.
(Ord. No. 11868, 8-10-21)
(a) Beginning April 1, 2022, an employer shall pay each employee not less than the minimum wage set forth in this article, for all working time within the geographic boundaries of the city. Beginning April 1, 2022, a hiring entity shall pay each worker for hire not less than the minimum wage set forth in this article, for all working time within the geographic boundaries of the city.
(b) An employer shall not obligate an employee to receive minimum wage payments using a pay card, reloadable debit card, or similar method that requires the employee to possess a valid social security number.
(c) A large employer shall pay to an employee at least three (3) hours of compensation at no less than the minimum wage rate when:
(1) An employee is scheduled to work at least three (3) hours; the employee timely reports for duty; the employee is able to work the entire shift; and the employer engages the employee for fewer than three (3) hours; or
(2) An employee is scheduled to work at least three (3) hours and the employer cancels the employee's shift with less than twenty-four (24) hours notice.
(d) Except as required by law or court order, an employer shall not deduct from an employee's wages if doing so will result in the employee receiving less than the minimum wage, including but not limited to amounts deducted for employer-provided meals and damaged, lost, or spoiled goods.
(e) An individual who satisfies the definitions of employee or worker for hire becomes an employee or a worker for hire ninety (90) days after annexation by the city results in the place of work being brought into the corporate limits of the city. If an employee and employer have a mutual agreement that the employee is to perform work from the employee's residence, the employee's residence is subsequently brought within the corporate limits through annexation, and the employer subsequently discharges the employee during the ninety (90) day period, there arises a rebuttable presumption that such action was retaliation in violation of this article.
(Ord. No. 11868, 8-10-21)
(a) No employer shall take any adverse action against any employee or worker for hire in retaliation for filing a complaint under the provisions of this article, asserting any claim or right under this article, assisting another employee in doing so, communicating a complaint to an interested party, or for informing another employee about their rights.
(b) Taking an adverse action against an individual within ninety (90) days of an individual's engaging in the rights covered by state minimum wage and benefits law, or notifying the employer or employer's representative of a violation of this article, shall raise a rebuttable presumption that such action was retaliation.
(Ord. No. 11868, 8-10-21)
(a) The rights afforded employees and workers for hire under the Tucson Minimum Wage Act are authorized by the Raising Arizona Minimum Wage for Working Arizonans Act, and nothing contained in this section shall be construed as requiring an aggrieved party to exhaust the municipal remedies stated herein or otherwise deprive anyone the right to take action under state law.
(b) To the extent allowable by law and within three (3) years after the cause of action accrued, any individual aggrieved by a violation of this article or any interested party may commence a civil action against an employer or against a hiring entity in the city court or in any court of competent jurisdiction. Upon prevailing, the aggrieved party or interested party shall be entitled to reasonable attorneys' fees, costs, as well as legal or equitable relief as may be appropriate, including payment of back wages payable to the aggrieved party, and an additional equal amount in liquidated damages payable to the aggrieved party.
(d) The initiation of an investigation by the department shall not prevent an aggrieved party or interested party from initiating a civil action against the same employer or hiring entity, and an aggrieved party need not exhaust administrative remedies prior to initiating a civil action.
(e) Not less than sixty (60) days after an aggrieved party or interested party submits a complaint to the city using the form prescribed in section 17-86(d) of this article, such aggrieved party or interested party may initiate steps to file a special action against the city in a court of competent jurisdiction seeking to compel the city to promptly investigate such complaint. Prior to filing a special action, the aggrieved party or interested party shall provide notice to the city attorney of their intention to take such action. The notification to the city attorney shall allow the city thirty (30) days to: 1) resolve the complaint; 2) allow the aggrieved party's or interested party's special action to proceed; or 3) authorize the aggrieved party or interested party to proceed with an action against the alleged violator in a qui tam action on behalf of the city. Parties proceeding on behalf of the city shall bring actions for a civil infraction as described in section 17-87. Should the aggrieved party or interested party prevail, the aggrieved party or parties will be entitled to thirty (30) percent of any penalties or fines imposed against the employer or hiring entity, with the balance being remitted to the city.
(Ord. No. 11868, 8-10-21)
(a) Effective April 1, 2022, there is established a department of labor standards, whose head shall be the director of labor standards. The director's appointment and removal shall be in accordance with sections 2, 6, and 11 of chapter V of the charter. The director may promulgate administrative directives for the implementation of this article.
(b) The purposes and functions of the department of labor standards shall include, but not be limited to: receiving complaints filed by aggrieved individuals and interested parties, initiating investigations of employers and hiring entities no later than forty- five (45) calendar days after receipt of such complaint from an aggrieved party or interested party, initiating enforcement actions, periodically conducting studies of low-wage workers in the city for the purpose of guiding the department's targeted enforcement efforts, educating employers of their obligations under this article, and educating employees of their rights under this article.
(c) There shall be appointed wage investigators under the city's civil service rules. It shall be the duty of the wage investigators to investigate suspected violations of this article, communicate with complainants, report and make recommendations of all suspected violations to the director, and initiate enforcement actions under the director's guidance.
(d) Not later than June 1, 2022, there shall be created an online method and a paper method for individuals to file complaints with the department.
(e) On or before November 1, 2022 and every subsequent November 1, the director shall announce the minimum wage that will take effect on the following January 1, shall publish the same on the city website, and shall make other reasonable efforts to inform employers of the same.
(f) An employee, former employee, worker for hire, former worker for hire, or any other individual may report to the department any suspected violation of this article. The department shall encourage reporting by keeping confidential, to the maximum extent permissible by state law, the identifying information of the employee or worker for hire. Notwithstanding this subsection, the department may disclose the identifying information of a complainant with the authorization of such individual, by court order, or in compliance with any applicable law.
(g) To aid in the enforcement of this article, the city may enter into an intergovernmental agreement with the county or other municipalities located within the county.
(h) Nothing herein precludes the city from imposing a fee on businesses, a subset of businesses, or from increasing existing license taxes, license fees, or other levies established in chapter 19 of this code for the purpose of funding the operations of the department.
(Ord. No. 11868, 8-10-21)
(a) A violation of this chapter by an employer or hiring entity shall be a civil infraction. No criminal liability shall attach to any violation of this article.
(b) Employers and hiring entities shall allow the city access to pay and time records of an employee and worker for hire, with appropriate notice and in a reasonable manner. Where an employer or hiring entity does not maintain such records, does not allow the city reasonable access to such records, or such records were not created contemporaneously, the account of the employee or worker for hire is presumed accurate.
(c) If a violation of this article has been finally determined, the director shall order the employer to cease and desist from engaging in the violative practice and may order any of the following additional relief: a civil penalty of up to one hundred dollars ($100.00) to be paid to the city for each employee whose rights under this article were violated for each day that the violation occurred, back pay, and an additional equal amount as liquidated damages. The city may establish procedures for appeal by employers.
(d) If a repeat violation of this article has been finally determined, except where prohibited by law, the city may revoke, suspend, or decline to renew any license provided for in chapter 19 of city code.
(e) To the extent allowable by law and within three (3) years after the cause of action accrued, the city may initiate a civil action in city court or a court of competent jurisdiction against an employer or a hiring entity.
(f) Not later than December 1, 2022, the department shall undertake a survey of low-wage workers in the city. The survey shall identify those industries in the city where minimum wage violations are most likely to occur. No later than July 1, 2023, and in following years, the department shall devote a portion of its resources to the investigation of employers and hiring entities belonging to the industries identified by the survey.
(Ord. No. 11868, 8-10-21)
(a) If any phrase, clause, sentence, paragraph or section of this article is declared preempted, unconstitutional, or otherwise illegal by state law by the judgment of any court of competent jurisdiction, such invalidity shall not affect any of the remaining portions of this article.
(b) Nothing in this article shall be construed to discourage or prohibit the adoption or retention of a wage policy more generous than that which is required herein.
(Ord. No. 11868, 8-10-21)