/ Modified aug 22, 2024 4:57 p.m.

State Supreme Court: Bill to lower tipped-workers wages allowed on November ballot

In a unanimous decision, the Arizona Supreme court is upholding a lower court’s decision that a bill allowing employers to pay tipped workers 25% less than the minimum wage can go to voters in November.

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Plaintiff attorney Jim Barton says opponents of the bill argued that the Tipped Workers Protection Act title is “misleading to the point of fraud” and “creates a significant danger of electorate confusion and unfairness.”

“The amendment doesn't set a minimum wage, it doesn't give any kinds of protection for health and safety,” he said. “It does nothing to protect workers. All it does is pick out a certain group of workers and say that they're going to be allowed to be paid 25% less.”

Intervenor in the case Arizona Restaurant Association said that is not the official title of Prop 138, but a short title and that, regardless, it is not misleading because it would protect tipped workers from losing their jobs due to “additional, statutory-imposed business costs.”

Under current minimum wages, a full-time tipped worker would earn about $1,220 less annually if this bill were passed.

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