SF 2339 (LSB 5517SV (2) 87)

SENATE FILE 2339

BY  COMMITTEE ON LABOR AND BUSINESS RELATIONS

(SUCCESSOR TO SSB 3156)

(COMPANION TO HF 2240 BY COMMITTEE ON LABOR)

A BILL FOR

An Act permitting employers to provide employees with wage statements by electronic means.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 91A.6, subsection 4, Code 2018, is amended to read as follows:
   4.  a.  On each regular payday, the employer shall send provide to each employee by mail or shall provide at the employee’s normal place of employment during normal employment hours a statement showing the hours the employee worked, the wages earned by the employee, and deductions made for the employee.
   b.  The employer shall provide the statement using one of the following methods:
   (1)  Sending the statement to an employee by mail.
   (2)  Providing the statement to an employee by secure electronic transmission or by other secure electronic means. If an employee is unable to receive the statement by this method, the employee shall notify the employer in writing at least one pay period in advance, and the employer shall provide the statement by one of the other methods listed in this paragraph “b”.
   (3)  Providing the statement to the employee at the employee’s normal place of employment during normal employment hours.
   (4)  Providing each employee access to view a statement of the employee’s earnings electronically and providing the employee free and unrestricted access to a printer to print the statement.
   c.  However, the employer need not provide information on hours worked for employees who are exempt from overtime under the federal Fair Labor Standards Act, as defined in 
29 C.F.R. pt. 541
, unless the employer has established a policy or practice of paying to or on behalf of exempt employees overtime, a bonus, or a payment based on hours worked, whereupon the employer shall send or otherwise provide a statement to the exempt employees showing the hours the employee worked or the payments made to the employee by the employer, as applicable.
   An employer who provides each employee access to view an electronic statement of the employee’s earnings and provides the employee free and unrestricted access to a printer to print the employee’s statement of earnings, if the employee chooses, is in compliance with this subsection.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current law requires employers to provide certain employees on each regular payday with statements showing hours worked, wages earned, and pay deductions made. The employer may send the statement by mail or provide it at the employee’s normal place of employment during normal employment hours. This bill permits an employer to also provide the statement by secure electronic transmission or by other secure electronic means. The bill authorizes an employee who is unable to receive the statement by this method to notify the employer in writing at least one pay period in advance, and the employer shall provide the statement by one of the other permitted methods.