Text: SSB00176                          Text: SSB00178
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Senate Study Bill 177

Bill Text

PAG LIN
  1  1    Section 1.  Section 91A.3, subsection 7, Code 1997, is
  1  2 amended to read as follows:
  1  3    7.  A If a farm labor contractor who contracts with a
  1  4 person engaged in the production of seed or feed grains to
  1  5 remove unwanted or genetically deviant plants or corn tassels
  1  6 or to hand pollinate plants shall file with the commissioner a
  1  7 bond of at least twenty thousand dollars on behalf of the
  1  8 person engaged in the production of seed or feed grains, with
  1  9 a corporate surety approved by the commissioner, securing the
  1 10 payment of all wages due the employees of the farm labor
  1 11 contractor.  The total and aggregate liability of the surety
  1 12 on the bond is limited to the amount specified in the bond.
  1 13 If the bond is not filed as required or if the farm labor
  1 14 contractor fails to pay all wages due the employees of the
  1 15 farm labor contractor, both the farm labor contractor and the
  1 16 person engaged in the production of seed or feed grains shall
  1 17 be liable to the employees for wages not paid by the farm
  1 18 labor contractor.
  1 19    Sec. 2.  Section 91A.5, Code 1997, is amended by striking
  1 20 the section and inserting in lieu thereof the following:
  1 21    91A.5  DEDUCTIONS FROM WAGES.
  1 22    1.  An employer shall not withhold, divert, or deduct a
  1 23 portion of an employee's wages unless:
  1 24    a.  The employer is required or permitted to do so by state
  1 25 or federal law or by order of a court of competent
  1 26 jurisdiction.
  1 27    b.  The employee has provided the employer prior written
  1 28 authorization to so deduct for any lawful purpose accruing to
  1 29 the benefit of the employee.
  1 30    c.  The employee abused discretion in the acceptance of a
  1 31 check or credit card on behalf of the employer, which is
  1 32 subsequently dishonored, resulting in a loss to the employer.
  1 33    d.  The employee willfully or intentionally disregarded the
  1 34 employer's interest resulting in a loss from breakage or
  1 35 damage to the employer's property.
  2  1    e.  The employee willfully or intentionally disregarded the
  2  2 employer's interest resulting in the default of customer
  2  3 credit or nonpayment for goods or services.
  2  4    f.  The employee acknowledged in writing the receipt of
  2  5 equipment or uniform specifically assigned to the employee by
  2  6 the employer and the equipment or uniform is subsequently
  2  7 lost, stolen, or unreturned.
  2  8    g.  The employer and the employee, who is the full-time
  2  9 manager of the employer's establishment, have documented and
  2 10 signed an agreement that the employee will be responsible for
  2 11 a cash shortage that occurs within forty-five days prior to
  2 12 the most recent regular pay day.  Not more than one such
  2 13 agreement shall be in effect per establishment.
  2 14    2.  The following shall not be deducted from an employee's
  2 15 wages:
  2 16    a.  Cash shortages in a common money till, cash box, or
  2 17 register operated by two or more employees or by an employee
  2 18 and an employer.
  2 19    b.  Gratuities received by an employee from customers of
  2 20 the employer.
  2 21    c.  The cost of personal protective equipment, other than
  2 22 items of clothing or footwear that may be used by an employee
  2 23 during nonworking hours, needed to protect an employee from
  2 24 employment-related hazards, unless provided otherwise in a
  2 25 collective bargaining agreement.
  2 26    d.  Except as provided in subsection 1, paragraph "f", the
  2 27 costs of a uniform, wearing apparel, or accessories of
  2 28 distinctive design color, insignia, design, or other means
  2 29 identifying the employer.  Ordinary work clothes are not
  2 30 considered uniforms when the employee has free choice of what
  2 31 to wear.  Uniforms which are standard in an industry, such as
  2 32 medical uniforms, which may be used from one job to the next,
  2 33 are not considered uniforms.
  2 34    e.  Costs of more than twenty dollars for an employee's
  2 35 relocation to the place of employment by the employer.  This
  3  1 paragraph shall apply only to an employer as defined in
  3  2 section 91E.1.
  3  3    Sec. 3.  Section 91A.10, subsection 5, Code 1997, is
  3  4 amended to read as follows:
  3  5    5.  An employer shall not discharge or in any other manner
  3  6 discriminate against any employee because the employee has
  3  7 filed a complaint, inquired about wages, exercised the
  3  8 employee's rights under this chapter or cooperated with
  3  9 another employee exercising rights under this chapter or
  3 10 cooperated with an investigation conducted in accordance with
  3 11 this chapter, assigned a claim, or brought an action under
  3 12 this section or has cooperated in bringing any action against
  3 13 an employer.  Any employee may file a complaint with the
  3 14 commissioner alleging discharge or discrimination within
  3 15 thirty days after such a violation occurs.  Upon receipt of
  3 16 the complaint, the commissioner shall cause an investigation
  3 17 to be made to the extent deemed appropriate.  If the
  3 18 commissioner determines from the investigation that the
  3 19 provisions of this subsection have been violated, the
  3 20 commissioner shall bring an action in the appropriate district
  3 21 court against such person the violator.  The district court
  3 22 shall have jurisdiction, for cause shown, to restrain
  3 23 violations of this subsection and order all appropriate relief
  3 24 including rehiring or reinstatement of the employee to the
  3 25 former position with back pay.
  3 26    Sec. 4.  NEW SECTION.  91A.14  FORMER EMPLOYEES.
  3 27    The obligation of an employer with respect to the payment
  3 28 of wages, the rights of an employee to wages, and the rights
  3 29 of the commissioner shall apply regardless of whether the
  3 30 individual is currently employed.  
  3 31                           EXPLANATION
  3 32    This bill amends a number of provisions relating to wage
  3 33 payment collection.  The bill eliminates a requirement that
  3 34 farm labor contractors who contract with persons engaged in
  3 35 the production of seed or feed grains obtain a minimum bond of
  4  1 $20,000 on the person's behalf.  However, the bill provides
  4  2 that the person engaged in the production of seed or feed
  4  3 grains and the farm labor contractor are both liable to the
  4  4 farm labor contractor's employees if the farm labor contractor
  4  5 fails to pay all wages due the employees.
  4  6    The bill rewrites a section of the Code that delineates the
  4  7 circumstances under which an employer may withhold, divert,
  4  8 or, as added by the bill, deduct a portion of an employee's
  4  9 wages.  The section is substantively unchanged, except that
  4 10 the bill permits an employer to deduct from an employee's
  4 11 wages when the employee acknowledges in writing the receipt of
  4 12 equipment or a uniform which the employee is then unable to
  4 13 return.  The bill also provides a detailed description of
  4 14 apparel for which the costs may not be deducted from an
  4 15 employee's wages.
  4 16    In addition, the bill adds the following to the
  4 17 circumstances under which an employer is prohibited from
  4 18 discharging or discriminating against an employee:  when the
  4 19 employee has inquired about wages, has in any way exercised
  4 20 the employee's rights under the wage payment collection
  4 21 chapter or cooperated with another employee exercising rights
  4 22 under the chapter or cooperated with an investigation
  4 23 conducted in accordance with the chapter.
  4 24    Finally, the bill allows the wage payment collection law to
  4 25 include wages owed to former employees and the rights of
  4 26 former employees to wages earned, but not paid prior to
  4 27 termination of employment.  
  4 28 LSB 1305DP 77
  4 29 kh/cf/24.1
     

Text: SSB00176                          Text: SSB00178
Text: SSB00100 - SSB00199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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