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Senate File 2229

Partial Bill History

Bill Text

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 wage
  1  4 law, pursuant to 29 U.S.C. } 206, shall be increased to $3.85
  1  5 on January 1 of 1990, $4.25 on January 1 of 1991, and $4.65 on
  1  6 January 1 of 1992.
  1  7    b.  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, wages of
  1 10 not 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 14 whichever is greater.
  1 15    c. 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 26    d.  An employer is not required to pay an employee the
  1 27 applicable minimum wage provided in paragraph "a" until the
  1 28 employee has completed ninety calendar days of employment with
  1 29 the employer.  An employee who has completed ninety calendar
  1 30 days of employment with the employer prior to January 1 of
  1 31 1990, 1991, or 1992, shall earn the applicable hourly minimum
  1 32 wage.  An employer shall pay an employee who has not completed
  1 33 ninety calendar days of employment with the employer an hourly
  1 34 wage of at least $3.35 as of January 1 of 1990, $3.85 as of
  1 35 January 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 the federal minimum 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 the federal minimum 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 the federal minimum
  3  3 wage level specified 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 17 federal minimum 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 the federal minimum hourly
  3 28 wage prescribed by the Fair Labor Standards Act of 1938,
  3 29 United States Code, title 29, section 206, subsection "a,"
  3 30 paragraph (1), in effect at the time the earnings are payable
  3 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 34 federal minimum 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 the federal
  4 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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