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Text: HF00006                           Text: HF00008
Text: HF00000 - HF00099                 Text: HF Index
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House File 7

Partial Bill History

Bill Text

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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