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Arizona’s New Paid Sick Leave In Effect July 1: How to Revise PTO Policies and Ensure Proper Ongoing Administration

Arizona’s New Paid Sick Leave In Effect July 1: How to Revise PTO Policies and Ensure Proper Ongoing Administration

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Arizona’s New Paid Sick Leave In Effect July 1: How to Revise PTO Policies and Ensure Proper Ongoing Administration

Extended Bootcamp Webinar: Friday, June 16, 2017

*Rebroadcast with live Q&A

12:30 p.m. – 3:30 p.m. Eastern 
11:30 a.m. – 2:30 p.m. Central 
10:30 a.m. – 1:30 p.m. Mountain 
9:30 a.m. – 12:30 p.m. Pacific (Arizona time) 


WEBINAR SNAPSHOT: Learn how to comply with Arizona’s Proposition 206, the Fair Wages and Healthy Families Act, and the new paid leave requirements that take effect July 1, 2017. The new requirements impact virtually every employer based in or with employees in the state. 


 

Arizona’s new paid sick leave law, Prop 206, goes into effect July 1, 2017 and, unlike the Family and Medical Leave Act (FMLA), it applies to nearly every employer with Arizona-based employees, not just those with 50 employees in a 75-mile radius. With just a couple of months before the new law takes effect, now is the time to make sure your paid sick leave policies and administration practices comply with the new law. Even if you already have generous paid leave benefits, you have work to do in harmonizing your policies with Prop 206’s requirements.

Join us on June 16 for a rebroadcast of a bootcamp webinar explaining the new paid leave compliance requirements going into effect July 1 under Prop 206, how you may need to amend your existing paid time off (PTO) policies and practices to ensure compliance, recordkeeping and notice requirements, how the new requirements interplay with other compliance obligations under the FMLA and much more. 

BLR’s virtual workshop, Arizona’s New Paid Sick Leave Law Going into Effect July 1: How to Revise PTO Policies and Ensure Proper Ongoing Administration, is a half-day live event with Q&A that will explain: 

  • How to ensure that your paid time off policies and practices comply with Prop 206’s requirements ahead of the July 1 effective date 
  • Best practices for requesting supporting documentation in support of Prop 206 leave requests—when you can ask for information and when you cannot, and considerations for deciding whether you should ask for it 
  • Essential notice, posting, and recordkeeping requirements under Prop 206 
  • How to ensure proper tracking of accrued and used paid sick leave 
  • Coordinating paid sick leave with other laws that may be applicable, such as the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), or workers’ compensation law 


*Programming Note: The original event aired before the Industrial Commission of Arizona issued its Notice of Proposed Rulemaking with draft regulations for the state's new paid sick time law, which goes into effect July 1, 2017. As a result of the proposed rules, as an attendee for this rebroadcast, you will be provided with a supplemental handout that explains updates concerning carry over and varying wage rates, and you’ll have the opportunity to ask questions during the live Q&A. 

 

Agenda

All Times Listed Below Are Pacific (Arizona) 

Session 1: How to Make Your PTO Policy Prop 206-Compliant 
9:30 a.m. – 10:15 a.m. Pacific (Arizona time) 
Because Arizona’s paid sick leave law goes into effect July 1, 2017, HR professionals are racing against the clock to ensure that their paid time off (PTO) polices and administration practices comply with the new requirements. This session will cover the nuts and bolts of who’s covered under Prop 206, how paid sick leave accrual rates work, and much more. You’ll learn: 

  • How your existing PTO policy must be revised to meet Prop 206 requirements
  • Who qualifies as a “small business” and why it matters
  • How to calculate paid sick time hourly rates
  • Applicable paid sick leave accrual rates and caps
  • Best practices for managing PTO carryover and other Prop 206 requirements
  • How a “year” is counted
  • How to manage accrual for employees who are exempt from overtime compensation under the Fair Labor Standards Act (FLSA)
  • Whether “loaning” of paid sick time is permissible
  • The law’s unique payout provisions
  • How accrued paid sick time should be handled when the employment relationship ends due to termination or because a successor employer takes over
  • Employers’ general notice requirements
  • Confidentiality and non-disclosure rules to follow
  • Best practices for recordkeeping, including what to include on and/or with the employee’s paycheck
  • The cost of non-compliance—from fines for not providing paid sick leave to penalties for violating Prop 206’s anti-discrimination and anti-retaliation provisions


Session 2: Prop 206 Paid Sick Leave Administration at Work—Documentation Requests, Tracking Leave, and More
10:15 a.m. – 11:15 a.m. Pacific (Arizona time) 
Understanding how to update your PTO policy to comply with Prop 206 is one thing; ensuring that you’re correctly managing employees’ request for leave under the new law is another. This session will focus on examples of when an employee is entitled to take paid sick leave under Prop 206, the type of documentation you may request—and under what circumstances—and leave-tracking strategies 

  • The broad range of reasons why an employee is entitled to take paid sick leave under Prop 206, including when domestic violence related-issues are covered
  • How the term “family member” is generally defined
  • The notice employees are expected to give to exercise the right to paid sick leave, and how “foreseeable” and “unforeseeable” need for leave are interpreted
  • What to do if you suspect abuse or fraud related to an employee’s use of paid sick leave


Break 
11:15 p.m. - 11:30 a.m. 

Session 3: Coordinating Prop 206 Paid Sick Leave with Other Types of Leave Laws and Avoiding Legal Missteps 
11:30 a.m. - 12:30 p.m. Pacific (Arizona time) 
Prop 206 is a game-changer for Arizona employers. Unlike the Family and Medical Leave Act (FMLA), which applies to employers with 50 or more employees within a 75-mile radius, paid sick time under this new law will apply to virtually all employers. For FMLA-covered employers, questions may arise concerning intersecting compliance obligations under that federal leave law and this new state statute. And, under the Americans with Disabilities Act (ADA), which applies to employers with as few as 15 employees, leave as a reasonable accommodation may be required when a disabled employee needs time off. Also, there’s the issue of how paid sick leave should be managed in connection with leave due to a workers’ compensation injury. How does Prop 206 intersect with all of these laws? This session will cover: 

  • How Prop 206 paid sick leave works when an employee is also covered under FMLA, the ADA, or Arizona’s workers’ compensation law
  • Examples of intersecting compliance obligations under the FMLA, ADA and the new paid sick leave law
  • Leave-tracking strategies to accurately and effectively manage your compliance obligations under intersecting state and federal leave laws

 

About Your Presenters:

Jodi R. Bohr, Esq.Jodi R. Bohr, Esq.
Gallagher & Kennedy

Drawing upon more than 13 years’ experience in employment and labor law with an emphasis on litigation, class actions, and human resource matters, Jodi Bohr adeptly counsels and advocates for her clients. Her experience both in and out of the courtroom has provided Jodi with unique insights into case strategy, and her practice has made her expertly versed in procedural processes and rules, as well as employment laws and regulations. Her dogged determination and responsive style consistently earns client trust and confidence in successful results. Jodi was noted as a Rising Star in the 2012, 2013, and 2014 issues of Super Lawyers.

One concentration within Ms. Bohr’s practice has been representing employers in federal and state court, as well as before administrative agencies. Another significant portion of Jodi’s practice encompasses advising businesses in their day-to-day employment decisions, including leaves of absence and terminations, wage and hour laws, policy manuals, and investigations into employee conduct and complaints regarding discrimination and/or harassment.

Ms. Bohr advises clients on all matters relating to employment and labor law, including EEOC, ACRD, NLRB, and Office of Special Counsel charges, ADA, Title VII, FLSA, FMLA, ADEA, and GINA, wrongful discharge and unemployment matters, trade secret, non-compete and confidentiality agreements, and I-9 immigration compliance strategies.

As a contributor to the Arizona Employment Law Letter, Ms. Bohr keeps employers abreast of employment law developments and offers employers insight to human resources issues that frequently cross her desk.


Dinita JamesDinita L. James, Esq.

Gonzalez Law, LLC

Dinita L. James has extensive experience litigating complex matters in state and federal court, including large employment discrimination class actions and wage and hour collective actions. She also represents employers in defense of individual cases arising under anti-discrimination, whistleblower protection and anti-retaliation laws and in enforcement of non-competition and other restrictive covenants.

Notably, Ms. James’ experience also includes antitrust, environmental, real estate and disputes involving contracts of all kinds. She achieved a favorable settlement with a state attorney general’s office on behalf of a corporation, helping it to avoid potential treble damages. In a recent commercial arbitration, Ms. James obtained an award for an insurance carrier that was only a fraction of its multimillion dollar exposure on a coverage dispute involving a complex corporate acquisition.

Ms. James currently serves as an Associate Editor for the flagship publication, Litigation, of the American Bar Association’s Section of Litigation. She has been a leader in the Section for more than two decades, including a one-year term as Managing Director of the Section. She served three-year terms as Director of its Publication Division, as co-chair of its Committee on Class Actions and Derivative Suits, and as a member of its governing Council. She chaired the Council’s Diversity Committee for two years. Ms. James also chaired its CLE Committee, after being honored for two consecutive years with the Section’s Award of Excellence for CLE Programming. She is a Past President of the Florida Association for Women Lawyers and the Ferguson-White American Inn of Court. Ms. James is also a member of the State Bar of Arizona, Maricopa County Bar Association, Arizona Women Lawyers Association, Navajo Nation Bar Association, Federal Bar Association, and the Sandra Day O’Connor Inn of Court.

Ms. James is AV® Preeminent Peer Review Rated by Martindale-Hubbell, has been selected for inclusion on the Southwest Super Lawyers® list, as well as the Best Lawyers® list in Labor and Employment Law, and was named one of “Florida’s Legal Elite” by Florida Trend magazine.

Ms. James is a member of the Employers Counsel Network, is the Arizona editor for 50 Employment Laws in 50 States, and also edits the Arizona Employment Law Letter. She regularly presents seminars, including topics concerning immigration for Arizona employers, employment discrimination, FMLA compliance and employee leave challenges, and maximizing in-house/outside counsel relationships.

Have a specific question related to the topic of this audio conference? Post it here and get an answer during the event, time permitting, or in a follow-up e-mail from the audio conference presenter. This is only available to audio conference registrants.

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