Text: SF02228 Text: SF02230 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 91D.1, subsection 1, Code 1997, is 1 2 amended to read as follows: 1 3 1. a.The hourly wage stated in the federal minimum wage1 4law, pursuant to 29 U.S.C. } 206, shall be increased to $3.851 5on January 1 of 1990, $4.25 on January 1 of 1991, and $4.65 on1 6January 1 of 1992.1 7b.Every employer, as defined in the federal Fair Labor 1 8 Standards Act, shall pay to each of the employer's employees, 1 9 as defined in the federal Fair Labor Standards Act, wagesof1 10not less than the current federal minimum wage,at a rate not 1 11 less than fifty cents per hour greater than the prevailing 1 12 federal Fair Labor Standards Act minimum wage pursuant to 29 1 13 U.S.C. } 206, or the wage rate stated in paragraph "a",1 14whichever is greater. 1 15c.b. For purposes of determining whether an employee of a 1 16 restaurant, hotel, motel, inn, or cabin, who customarily and 1 17 regularly receives more than thirty dollars a month in tips is 1 18 receiving the minimum hourly wage rate prescribed by this 1 19 section, the amount paid the employee by the employer shall be 1 20 deemed to be increased on account of the tips by an amount 1 21 determined by the employer, not to exceed forty percent of the 1 22 applicable minimum wage rate. An employee may file a written 1 23 appeal with the labor commissioner if the amount of tips 1 24 received by the employee is less than the amount determined by 1 25 the employer under this subsection. 1 26d. An employer is not required to pay an employee the1 27applicable minimum wage provided in paragraph "a" until the1 28employee has completed ninety calendar days of employment with1 29the employer. An employee who has completed ninety calendar1 30days of employment with the employer prior to January 1 of1 311990, 1991, or 1992, shall earn the applicable hourly minimum1 32wage. An employer shall pay an employee who has not completed1 33ninety calendar days of employment with the employer an hourly1 34wage of at least $3.35 as of January 1 of 1990, $3.85 as of1 35January 1 of 1991, and $4.25 as of January 1 of 1992.2 1 Sec. 2. Section 91D.1, subsection 2, Code 1997, is amended 2 2 by striking the subsection. 2 3 Sec. 3. Section 96.5, subsection 3, paragraph a, 2 4 subparagraph (4), Code Supplement 1997, is amended to read as 2 5 follows: 2 6 (4) Sixty-five percent, if the work is offered after the 2 7 eighteenth week of unemployment. 2 8 However, the provisions of this paragraph shall not require an 2 9 individual to accept employment below thefederalminimum wage 2 10 specified in chapter 91D. 2 11 Sec. 4. Section 99B.7, subsection 6, paragraph a, Code 2 12 1997, is amended to read as follows: 2 13 a. Except as provided in this paragraph, a person shall 2 14 not be compensated for services rendered in connection with a 2 15 game of skill, game of chance, or raffle conducted under this 2 16 section. This section forbids payment of compensation to 2 17 persons including, but not limited to, managers, callers, 2 18 cashiers, floor workers, janitorial personnel, accountants and 2 19 bookkeepers. The privilege of selling merchandise on the 2 20 premises during a bingo occasion is deemed to be compensation. 2 21 However, not more than four persons per one hundred players, 2 22 participating in the bingo occasion may be employed. An 2 23 employee under this paragraph need not be a member of the 2 24 qualified organization or a regular participant in the 2 25 activities of the qualified organization or in an educational, 2 26 civic, public, charitable, patriotic, or religious 2 27 organization to which the net receipts are dedicated by the 2 28 qualified organization. The wages of an employee shall not 2 29 exceed thefederalminimum wage specified in chapter 91D. 2 30 This section does not prohibit the employment of one or more 2 31 individuals to serve as security officers. A person who 2 32 knowingly pays or receives compensation in violation of this 2 33 section commits a fraudulent practice. 2 34 Sec. 5. Section 99F.7, subsection 6, Code 1997, is amended 2 35 to read as follows: 3 1 6. It is the intent of the general assembly that employees 3 2 be paid at least twenty-five percent above thefederalminimum 3 3 wagelevelspecified in chapter 91D. 3 4 Sec. 6. Section 239.2, subsection 3, paragraph c, Code 3 5 1997, is amended to read as follows: 3 6 c. At any time during the thirty-day period prior to 3 7 receipt of assistance under this chapter or at any time 3 8 thereafter while assistance is payable under this chapter, has 3 9 not been available for employment, has not actively sought 3 10 employment, or has without good cause refused any bona fide 3 11 offer of employment or training for employment. The following 3 12 reasons for refusing employment or training are not good 3 13 cause: unsuitable or unpleasant work or training, if the 3 14 parent is able to perform the work or training without unusual 3 15 danger to the parent's health; or the amount of wages or 3 16 compensation, unless the wages for employment are below the 3 17federalminimum wage specified in chapter 91D. 3 18 Sec. 7. Section 537.5105, subsection 2, Code 1997, is 3 19 amended to read as follows: 3 20 2. In addition to the provisions of section 642.21, the 3 21 maximum part of the aggregate disposable earnings of an 3 22 individual for any workweek which is subjected to garnishment 3 23 to enforce payment of a judgment arising from a consumer 3 24 credit transaction may not exceed the lesser of twenty-five 3 25 percent of the individual's disposable earnings for that week, 3 26 or the amount by which the individual's disposable earnings 3 27 for that week exceed forty times thefederalminimum hourly 3 28 wageprescribed by the Fair Labor Standards Act of 1938,3 29United States Code, title 29, section 206, subsection "a,"3 30paragraph (1), in effect at the time the earnings are payable3 31 specified in chapter 91D. 3 32 In the case of earnings for a pay period other than a week, 3 33 the administrator shall prescribe by rule a multiple of the 3 34federalminimum hourly wage specified in chapter 91D 3 35 equivalent in effect to that set forth for a pay period of a 4 1 week. 4 2 Sec. 8. Section 909.3A, Code 1997, is amended to read as 4 3 follows: 4 4 909.3A COMMUNITY SERVICE OPTION. 4 5 The court may, in its discretion, order the defendant to 4 6 perform community service work of an equivalent value to the 4 7 fine imposed where it appears that the community service work 4 8 will be adequate to deter the defendant and to discourage 4 9 others from similar criminal activity. The rate at which 4 10 community service shall be calculated shall be thefederal4 11 minimum wage specified in chapter 91D. 4 12 EXPLANATION 4 13 This bill increases the state minimum wage to 50 cents 4 14 above the federal minimum wage rate per hour and eliminates a 4 15 provision that applied the federal exemptions from the minimum 4 16 wage requirements to state law. Current Code language that 4 17 provides a formula for determining whether an employee of a 4 18 restaurant, hotel, motel, inn, or cabin is receiving the 4 19 minimum hourly wage rate is retained under the bill. 4 20 In the following Code provisions, all references to the 4 21 minimum wage were preceded by the word "federal." The bill 4 22 changes all references to the federal minimum wage to the 4 23 minimum wage specified in chapter 91D of the Code: 4 24 96.5(3),(a),(4): Providing that a person cannot be 4 25 disqualified from receiving unemployment benefits if the 4 26 person fails to accept employment below the minimum wage. 4 27 99B.7,(6),(a): The wages of a person employed to conduct a 4 28 qualified organization's games of chance, skill, or raffles 4 29 shall not exceed the minimum wage. 4 30 99F.7,(6): The intent of the general assembly, that 4 31 employees of excursion gambling boats and racetracks be paid 4 32 at least 25 percent above the minimum wage. 4 33 239.2,(3),(c): Under the family investment program, 4 34 certain specified reasons for refusing a job are not good 4 35 cause unless the wages for employment are below the minimum 5 1 wage. 5 2 537.5105,(2): Under the consumer credit code, garnishment 5 3 of wages is limited to the lesser of 25 percent of the 5 4 person's disposable earnings for that week or the amount by 5 5 which the person's disposable earnings for that week exceed 40 5 6 times the minimum wage, or equivalent if the pay period is 5 7 less than a week. 5 8 909.3A: As an option for the payment of fines imposed by a 5 9 court, the court may order the defendant to perform community 5 10 service work at a rate of time equivalent to the fine imposed, 5 11 using the minimum wage to make the calculations. 5 12 LSB 2144SS 77 5 13 kh/sc/14.1
Text: SF02228 Text: SF02230 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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