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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