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Text: HF00006 Text: HF00008 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 91.4, subsection 5, Code 1995, is
1 2 amended to read as follows:
1 3 5. The director of the department of employment services,
1 4 in consultation with the labor commissioner, shall, at the
1 5 time provided by law, make an annual report to the governor
1 6 setting forth in appropriate form the business and expense of
1 7 the division of labor services for the preceding year, the
1 8 number of disputes or violations processed by the division and
1 9 the disposition of the disputes or violations, and other
1 10 matters pertaining to the division which are of public
1 11 interest, together with recommendations for change or
1 12 amendment of the laws in this chapter and chapters 88, 88A,
1 13 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, 91F, 92, 94, and
1 14 95, and the recommendations, if any, shall be transmitted by
1 15 the governor to the first general assembly in session after
1 16 the report is filed.
1 17 Sec. 2. NEW SECTION. 91F.1 HOURS OF WORK - DAY OF REST.
1 18 An employer shall not require an employee, as those terms
1 19 are defined in section 91E.1, to work for a period of at least
1 20 twenty-four consecutive hours in each calendar week except as
1 21 provided by this chapter.
1 22 Sec. 3. NEW SECTION. 91F.2 EXCEPTIONS.
1 23 The following employees are not subject to the provisions
1 24 of this chapter:
1 25 1. Employees who perform duties requiring work on a daily
1 26 and continual basis not amenable to a twenty-four hour
1 27 cessation of work. Examples of employees under this
1 28 subsection include, but are not limited to, janitors,
1 29 employees of dairies and bakeries, and security personnel.
1 30 2. Employees needed to immediately respond to a work-
1 31 related emergency to prevent serious injury to a person,
1 32 damage to property, or suspension of necessary operations by
1 33 the employer but only during such time that an emergency
1 34 exists.
1 35 Sec. 4. NEW SECTION. 91F.3 PENALTIES &endash; ENFORCEMENT.
2 1 1. An employer who violates section 91F.1 is subject to a
2 2 civil penalty of up to one thousand dollars.
2 3 2. A corporate officer of an employer, who through
2 4 repeated violation of section 91F.1, demonstrates a pattern of
2 5 abusive employment practices, commits a serious misdemeanor.
2 6 3. An employer, who through repeated violation of section
2 7 91F.1, demonstrates a pattern of abusive employment practices,
2 8 may be ordered to pay a civil penalty of up to three thousand
2 9 dollars.
2 10 4. A violation of section 91F.1 shall be enforced pursuant
2 11 to section 91A.12.
2 12 Sec. 5. NEW SECTION. 91F.4 DUTIES AND AUTHORITY OF THE
2 13 COMMISSIONER.
2 14 1. The labor commissioner shall adopt rules to administer
2 15 and enforce this chapter and shall provide further exemptions
2 16 from the provisions of this chapter where reasonable.
2 17 2. In order to carry out the purposes of this chapter, the
2 18 labor commissioner or the commissioner's representative, upon
2 19 presenting appropriate credentials to the owner, operator, or
2 20 agent of an employer in charge, may do any of the following:
2 21 a. Inspect employment records relating to the hours of
2 22 work of employees.
2 23 b. Interview an employer, owner, operator, agent, or
2 24 employee, during working hours or at other reasonable times.
2 25 Sec. 6. NEW SECTION. 91F.5 COLLECTIVE BARGAINING
2 26 AGREEMENTS.
2 27 Compliance with the minimum standards required in this
2 28 chapter shall not be subject to or considered in collective
2 29 bargaining.
2 30 EXPLANATION
2 31 This bill provides that most hourly employees are entitled
2 32 to at least 24 consecutive hours of non-work time during each
2 33 calendar week. The bill establishes exceptions from this
2 34 requirement for certain emergency situations and for certain
2 35 employees needed on a continual daily basis. The bill
3 1 provides that a violation of this chapter is subject to a
3 2 $1,000 civil penalty while repealed violations can constitute
3 3 a serious misdemeanor and subject the violator to a $3,000
3 4 civil penalty. The bill further provides that enforcement is
3 5 to be done pursuant to the provisions of section 91A.12 and
3 6 that the labor commissioner shall adopt rules to implement the
3 7 requirements of this chapter and shall have access to employer
3 8 records in order to enforce the requirements of this chapter.
3 9 Finally, the bill provides that the requirements of this
3 10 chapter are not subject to collective bargaining.
3 11 LSB 1061HH 76
3 12 ec/sc/14
Text: HF00006 Text: HF00008 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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