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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