Text: SF00266 Text: SF00268 Text: SF00200 - SF00299 Text: SF 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 REST BREAKS – ACCESS TO
1 18 RESTROOMS.
1 19 An employer shall allow an employee, as those terms are
1 20 defined in section 91E.1, a paid fifteen-minute rest break
1 21 during every consecutive four-hour period of work. To
1 22 implement this requirement, an employer shall provide an
1 23 employee, at the work site, with reasonable access to restroom
1 24 facilities.
1 25 Sec. 3. NEW SECTION. 91F.2 EXCEPTIONS.
1 26 The provisions of this chapter shall not apply to employees
1 27 needed to immediately respond to a work-related emergency to
1 28 prevent serious injury to a person, damage to property, or
1 29 suspension of necessary operations by the employer but only
1 30 during such time that an emergency exists.
1 31 Sec. 4. NEW SECTION. 91F.3 PENALTIES – ENFORCEMENT.
1 32 1. An employer who violates section 91F.1 is subject to a
1 33 civil penalty of up to one thousand dollars.
1 34 2. An employer, including a corporate officer of an
1 35 employer, who through repeated violations of section 91F.1,
2 1 demonstrates a pattern of abusive employment practices,
2 2 commits a serious misdemeanor.
2 3 3. An employer, who through repeated violations of section
2 4 91F.1, demonstrates a pattern of abusive employment practices,
2 5 may be ordered to pay a civil penalty of up to three thousand
2 6 dollars.
2 7 4. A civil penalty shall be recovered pursuant to the
2 8 provisions of section 91A.12.
2 9 Sec. 5. NEW SECTION. 91F.4 DUTIES AND AUTHORITY OF THE
2 10 COMMISSIONER.
2 11 1. The labor commissioner shall adopt rules to administer
2 12 and enforce this chapter and shall provide further exemptions
2 13 from the provisions of this chapter when reasonable.
2 14 2. In order to carry out the purposes of this chapter, the
2 15 labor commissioner or the commissioner's representative, upon
2 16 presenting appropriate credentials to the employer or agent of
2 17 the employer, may do any of the following:
2 18 a. Inspect employment records relating to rest breaks for
2 19 employees.
2 20 b. Interview an employer or agent of the employer, or
2 21 employee, during working hours or at other reasonable times.
2 22 Sec. 6. NEW SECTION. 91F.5 COLLECTIVE BARGAINING
2 23 AGREEMENTS.
2 24 Compliance with the minimum standards required in this
2 25 chapter shall not be subject to or considered in collective
2 26 bargaining.
2 27 EXPLANATION
2 28 This bill creates a new Code chapter 91F, which provides
2 29 that employees are entitled to a paid 15-minute rest break for
2 30 every consecutive four hours of work and that the employer
2 31 shall provide employees reasonable access to restrooms. The
2 32 bill establishes exceptions from this requirement for certain
2 33 emergency situations. The bill provides that an employer in
2 34 violation of this chapter is subject to a $1,000 civil penalty
2 35 while repeated violations can constitute a serious misdemeanor
3 1 and subject the violator to a $3,000 civil penalty. The bill
3 2 further provides that a civil penalty for violation of the new
3 3 chapter shall be recovered pursuant to Code section 91A.12 and
3 4 that the labor commissioner shall adopt rules to implement the
3 5 requirements of the chapter and shall have access to employer
3 6 records in order to enforce the requirements of the chapter.
3 7 Finally, the bill provides that the requirements of the
3 8 chapter are not subject to collective bargaining.
3 9 LSB 2466SS 77
3 10 ec/sc/14
Text: SF00266 Text: SF00268 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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