Bill eases wage rules for hiring the disabled

State lawmakers voted Tuesday to give some additional legal protections to firms that employ the disabled but don’t pay them the new votermandated minimum wage.

HB2245 spells out that these companies cannot be prosecuted if they are following the guidance of a new policy adopted earlier this year by the state Industrial Commission. That policy redefined what is an “employee,” meaning who is covered — and who is not — by the new law.

But some legal questions remain whether a policy statement can overrule a voter-approved law. This change is designed to provide some legal cover.

Until the November vote, Arizona wages were governed by federal law and its $5.15 an hour minimum. That law also permits those with certain disabilities to be paid “commensurate wages,” meaning some percentage of the minimum wage based on their ability.

But Proposition 202, imposing Arizona’s first-ever minimum wage, contains no such exemption.

The commission action gets around that by simply redefining who is an employee — and, by extension, who is covered by the law.

One exemption would be for those engaged in vocational training programs who could be paid less for about 15 months of training.

The other would be for those who have been through training and have not — and may never — get to the point where they can earn the minimum wage.

These people would be considered “service recipients,” whose work activities would be considered for their own benefit rather than the organization providing the work.

But that still left open the question of what a court might rule about the validity of the Industrial Commission policy — and the obligation of the employers for back pay — if someone filed suit.

HB2245, which now goes to the governor, says employers have no liability if, in good faith, they relied on Industrial Commission rules or policies and did not pay the minimum wage.

The legislation even says that if a court were to declare the policy invalid, the employer still would not be liable for back wages.