Text: H08078 Text: H08080 Text: H08000 - H08099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2217 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 70A.1, unnumbered paragraph 1, 1 5 Code 2001, is amended to read as follows: 1 6 Salaries specifically provided for in an 1 7 appropriation Act of the general assembly shall be in 1 8 lieu of existing statutory salaries, for the positions 1 9 provided for in the Act, and all salaries, including 1 10 longevity where applicable by express provision in the 1 11 Code, shall be paid according to the provisions of 1 12 chapter 91A and shall be in full compensation of all 1 13 services, including any service on committees, boards, 1 14 commissions or similar duty for Iowa government, 1 15 except for members of the general assembly. A state 1 16 employee on an annual salary shall not be paid for a 1 17 pay period an amount which exceeds the employee's 1 18 annual salary transposed into a rate applicable to the 1 19 pay period by dividing the annual salary by the number 1 20 of pay periods in the fiscal year. Salaries for state 1 21 employees covered by the overtime payment provisions 1 22 of the federal Fair Labor Standards Act shall be 1 23 established on an hourly basis. However, the state 1 24 does not and has never intended to waive sovereign 1 25 immunity from claims arising under the federal Fair 1 26 Labor Standards Act by any state employee employed in 1 27 a bona fide managerial capacity as defined in this 1 28 section. 1 29 Sec. 2. Section 70A.1, Code 2001, is amended by 1 30 adding the following new unnumbered paragraph: 1 31 NEW UNNUMBERED PARAGRAPH. For purposes of this 1 32 section, a "state employee employed in a bona fide 1 33 managerial capacity" means a state employee employed 1 34 in a position in which the employee performs the 1 35 duties of a bona fide executive, bona fide 1 36 administrator, or a bona fide professional, as those 1 37 duties are described in 29 C.F.R. } 541.1, 541.2, and 1 38 541.3. The status of an employee employed in a bona 1 39 fide managerial capacity is unaffected by the 1 40 disciplinary policies applicable to such an employee, 1 41 including, but not limited to, policies that may 1 42 result in suspension from employment without pay. 1 43 Sec. 3. EFFECTIVE DATE RETROACTIVE 1 44 APPLICABILITY. This Act, being deemed of immediate 1 45 importance, takes effect upon enactment, and is 1 46 retroactively applicable to claims arising on or after 1 47 January 1, 1990, and applies to all litigation pending 1 48 on the effective date of this Act." 1 49 #2. Title page, by striking lines 1 through 3, and 1 50 inserting the following: "An Act relating to the 2 1 applicability of the federal Fair Labor Standards Act 2 2 to certain state employees and including an effective 2 3 date and retroactive applicability provision." 2 4 2 5 2 6 2 7 COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS 2 8 TYRRELL of Iowa, Chairperson 2 9 HF 2217.901 79 2 10 ec/hk
Text: H08078 Text: H08080 Text: H08000 - H08099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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