Bills › 88th General Assembly

SF 107Died when the session ended · January 24, 2019

Relating to wage payment collection issues arising between employers and individuals who provide services to employers, providing penalties and remedies, and including effective date provisions

Topics:Jobs & workers

Where it is now

  1. Done: IntroducedJanuary 24, 2019
  2. Done: SubcommitteeJanuary 30, 2019
  3. Stopped: Senate committeeDied when the General Assembly ended
  4. Next: Passes the Senate
  5. Next: House committee
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

This bill relates to employers and individuals who perform labor and wage payment collection.5 is amended to provide that the employer has the burden to establish that a deduction from employees’ wages is lawful and that the employer must obtain written authorization for the deduction from the employee in advance.6(1) is amended to remove the requirement that an employer be notified by the division of labor services of the department of workforce development before the employer is required to fulfill the requirements in subsection 1 relating to employee wage and benefit information.

Read the full explanation

6(1)(b), the employer is required to notify employees in writing whose wages are determined based on a task, piece, mile, or load basis about the method used to calculate wages and when wages are earned.6(1)(e) is amended to establish a rebuttable presumption that an employer did not pay the minimum wage if the employer does not maintain proper payroll records.6(2), setting out certain employer compliance procedures, is stricken.6(4) is amended so that the employer must provide to each employee a statement of the employee’s earnings, deductions made, and as applicable the following: for an employee paid hourly, the number of hours worked during the pay period; for an employee paid on a percentage of sales or revenue generated, a list of sales or amount of revenue during the pay period; and for an employee paid based on the number of miles or loads performed, the applicable number performed during the pay period.8, when any specified violation of Code chapter 91A occurs, even if unintentional, an employer shall be liable for unpaid wages or expenses plus liquidated damages, court costs, and attorney fees incurred in recovering wages.9 to require the labor commissioner to employ wage investigators for the enforcement of Code chapter 91A, and to establish a statewide, toll-free telephone hotline for the purpose of receiving reports of violations of Code chapter 91A.10(5), which covers retaliatory actions by employers or others, is expanded to cover persons other than employees who act under Code chapter 91A with respect to an employee. A 90-day period is established during which any action against an employee or other person is rebuttably presumed to be retaliatory.10 to allow the labor commissioner or any injured party to maintain a civil action in any court of proper jurisdiction. An employer who retaliates against an employee or other person shall compensate the injured party an amount set by the labor commissioner or the court, but not less than $150 for each day of the violation.12A to provide that if an employer erroneously violates the provisions of Code chapter 91A or the rules adopted pursuant to Code chapter 91A, the employer shall not be subject to certain penalty provisions provided in Code chapter 91A if certain conditions are met. The first condition is that the labor commissioner determines that the violation was erroneous and that the employer attempted in good faith to comply with the provisions of Code chapter 91A and the rules adopted pursuant to Code chapter 91A. The second condition is that the commissioner, after considering any history of violations by the employer, determines that the violation was isolated in nature. The third condition is that the employer corrects the violation to the satisfaction of the commissioner within 14 days of the occurrence of the violation.15, an employer shall not require that an individual be a current employee to be paid an earned commission.16 to stipulate that a provision of Code chapter 91A shall not apply to any employer or employee if such provision would conflict with federal law or regulation. The bill requires the labor commissioner to provide for the notification of each employer in Iowa of the requirements for employers provided in the bill by September 2, 2019.6, as amended by the bill. An employer who violates Code chapter 91A is subject to a civil penalty of not more than $500 per pay period for each violation. The bill, except for the provision providing for notification of employees in Iowa by the labor commissioner, takes effect January 1, 2020.

Full bill text1

Senate subcommittee

Named January 30, 2019. It hasn’t reported yet.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Iowa Code it changes

Creates§91A.12A§91A.15§91A.16

Amends§91A.10§91A.5§91A.6§91A.8§91A.9

How the Code works2

Lobbying

9 for · 2 against · 17 undecided · Who →

Family tree

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