Text: HF00286 Text: HF00288 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 91.4, subsection 5, Code 1997, is
1 2 amended to read as follows:
1 3 5. The director of the department of workforce
1 4 development, in consultation with the labor commissioner,
1 5 shall, at the time provided by law, make an annual report to
1 6 the governor setting forth in appropriate form the business
1 7 and expense of the division of labor services for the
1 8 preceding year, the number of disputes or violations processed
1 9 by the division and the disposition of the disputes or
1 10 violations, and other matters pertaining to the division which
1 11 are of public interest, together with recommendations for
1 12 change or amendment of the laws in this chapter and chapters
1 13 88, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, 91F, 92,
1 14 94, and 95, and the recommendations, if any, shall be
1 15 transmitted by the governor to the first general assembly in
1 16 session after the report is filed.
1 17 Sec. 2. NEW SECTION. 91F.1 HOURS OF WORK – DAY OF REST.
1 18 An employer shall allow an employee, as those terms are
1 19 defined in section 91E.1, a cessation of work for a period of
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 – 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. An employer, including a corporate officer of an
2 4 employer, who through repeated violations of section 91F.1,
2 5 demonstrates a pattern of abusive employment practices,
2 6 commits a serious misdemeanor.
2 7 3. An employer, who through repeated violations of section
2 8 91F.1, demonstrates a pattern of abusive employment practices,
2 9 may be ordered to pay a civil penalty of up to three thousand
2 10 dollars.
2 11 4. A civil penalty shall be recovered pursuant to the
2 12 provisions of section 91A.12.
2 13 Sec. 5. NEW SECTION. 91F.4 DUTIES AND AUTHORITY OF THE
2 14 COMMISSIONER.
2 15 1. The labor commissioner shall adopt rules to administer
2 16 and enforce this chapter and shall provide further exemptions
2 17 from the provisions of this chapter when reasonable.
2 18 2. In order to carry out the purposes of this chapter, the
2 19 labor commissioner or the commissioner's representative, upon
2 20 presenting appropriate credentials to the employer or agent of
2 21 the employer, may do any of the following:
2 22 a. Inspect employment records relating to the hours of
2 23 work of employees.
2 24 b. Interview an employer or agent of the employer, or
2 25 employee, during working hours or at other reasonable times.
2 26 Sec. 6. NEW SECTION. 91F.5 COLLECTIVE BARGAINING
2 27 AGREEMENTS.
2 28 Compliance with the minimum standards required in this
2 29 chapter shall not be subject to or considered in collective
2 30 bargaining.
2 31 EXPLANATION
2 32 This bill creates a new Code chapter 91F, which provides
2 33 that most hourly employees are entitled to at least 24
2 34 consecutive hours of non-work time during each calendar week.
2 35 The bill establishes exceptions from this requirement for
3 1 certain emergency situations and for certain employees needed
3 2 on a continual daily basis. The bill provides that an
3 3 employer in violation of this chapter is subject to a $1,000
3 4 civil penalty while repeated violations can constitute a
3 5 serious misdemeanor and subject the violator to a $3,000 civil
3 6 penalty. The bill further provides that a civil penalty for
3 7 violation of the new chapter shall be recovered pursuant to
3 8 Code section 91A.12 and that the labor commissioner shall
3 9 adopt rules to implement the requirements of the chapter and
3 10 shall have access to employer records in order to enforce the
3 11 requirements of the chapter. Finally, the bill provides that
3 12 the requirements of the chapter are not subject to collective
3 13 bargaining.
3 14 LSB 1947HH 77
3 15 ec/sc/14
Text: HF00286 Text: HF00288 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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