Documentation bolsters defense against Arizona earned paid sick time claims

It's been four years since Arizona's Fair Wages and Healthy Families Act went into effect. While the Act's initial passage created a fair amount of stress and confusion, most employers believe they've gotten the technical aspects of earned paid sick time (EPST) under control. Recently, however, employers have seen an uptick in claims by employees alleging their rights under the Act have been violated and/or they were retaliated against for using sick leave.

Background

The Industrial Commission of Arizona (ICA) investigates claims of noncompliance and retaliation pertaining to EPST. If a violation is found, the enforcement regulations say:

• Employers can be subject to fines, monitoring, and inspections; and
• They will have to repay employees for any sick pay denied, including interest, and an additional amount of twice the withheld wages.

Moreover, if the ICA determines a retaliation, discrimination, confidentiality, or nondisclosure violation has occurred, it can issue penalties, direct the employer to cease and desist from the violation, and require it to rehire or reinstate the employee.