Text: SF00068 Text: SF00070 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 91.4, subsection 5, Code 2001, is 1 2 amended to read as follows: 1 3 5. The director of the department of workforce 1 4 development, in consultation with the labor commissioner, 1 5 shall, at the time provided by law, make an annual report to 1 6 the governor setting forth in appropriate form the business 1 7 and expense of the division of labor services for the 1 8 preceding year, the number of disputes or violations processed 1 9 by the division and the disposition of the disputes or 1 10 violations, and other matters pertaining to the division which 1 11 are of public interest, together with recommendations for 1 12 change or amendment of the laws in this chapter and chapters 1 13 88, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, 91F, 92, 1 14 and 94A, and sections 30.7 and 85.68, and the recommendations, 1 15 if any, shall be transmitted by the governor to the first 1 16 general assembly in session after the report is filed. 1 17 Sec. 2. NEW SECTION. 91F.1 REST AND LUNCH BREAKS 1 18 ACCESS TO RESTROOMS. 1 19 An employer shall allow an employee, as those terms are 1 20 defined in section 91E.1, a paid fifteen-minute rest break 1 21 during every consecutive four-hour period of work and a paid 1 22 thirty-minute lunch break during every consecutive eight-hour 1 23 period of work. To implement this requirement, an employer 1 24 shall provide an employee, at the work site, with reasonable 1 25 access to restroom and lunchroom facilities. 1 26 Sec. 3. NEW SECTION. 91F.2 EXCEPTIONS. 1 27 The provisions of this chapter shall not apply to employees 1 28 needed to immediately respond to a work-related emergency to 1 29 prevent serious injury to a person, damage to property, or 1 30 suspension of necessary operations by the employer but only 1 31 during such time that an emergency exists. 1 32 Sec. 4. NEW SECTION. 91F.3 PENALTIES ENFORCEMENT. 1 33 1. An employer who violates section 91F.1 is subject to a 1 34 civil penalty of up to one thousand dollars. 1 35 2. An employer, including a corporate officer of an 2 1 employer, who through repeated violations of section 91F.1, 2 2 demonstrates a pattern of abusive employment practices, 2 3 commits a serious misdemeanor. 2 4 3. An employer, who through repeated violations of section 2 5 91F.1, demonstrates a pattern of abusive employment practices, 2 6 may be ordered to pay a civil penalty of up to three thousand 2 7 dollars. 2 8 4. A civil penalty shall be recovered pursuant to the 2 9 provisions of section 91A.12. 2 10 Sec. 5. NEW SECTION. 91F.4 DUTIES AND AUTHORITY OF THE 2 11 COMMISSIONER. 2 12 1. The labor commissioner shall adopt rules to administer 2 13 and enforce this chapter and shall provide further exemptions 2 14 from the provisions of this chapter when reasonable. 2 15 2. In order to carry out the purposes of this chapter, the 2 16 labor commissioner or the commissioner's representative, upon 2 17 presenting appropriate credentials to the employer or agent of 2 18 the employer, may do any of the following: 2 19 a. Inspect employment records relating to rest breaks and 2 20 lunch breaks for employees. 2 21 b. Interview an employer or agent of the employer, or 2 22 employee, during working hours or at other reasonable times. 2 23 Sec. 6. NEW SECTION. 91F.5 COLLECTIVE BARGAINING 2 24 AGREEMENTS. 2 25 Compliance with the minimum standards required in this 2 26 chapter shall not be subject to or considered in collective 2 27 bargaining. 2 28 EXPLANATION 2 29 This bill creates a new Code chapter 91F, which provides 2 30 that employees are entitled to a paid 15-minute rest break for 2 31 every consecutive four hours of work and a paid 30-minute 2 32 lunch break for every consecutive eight hours of work. The 2 33 bill also requires the employer to provide employees 2 34 reasonable access to restrooms and lunchrooms. The bill 2 35 establishes exceptions from this requirement for certain 3 1 emergency situations. The bill provides that an employer in 3 2 violation of this chapter is subject to a $1,000 civil penalty 3 3 while repeated violations can constitute a serious misdemeanor 3 4 and subject the violator to a $3,000 civil penalty. The bill 3 5 further provides that a civil penalty for violation of the new 3 6 chapter shall be recovered pursuant to Code section 91A.12 and 3 7 that the labor commissioner shall adopt rules to implement the 3 8 requirements of the chapter and shall have access to employer 3 9 records in order to enforce the requirements of the chapter. 3 10 Finally, the bill provides that compliance with the 3 11 requirements of the chapter is not subject to collective 3 12 bargaining. 3 13 LSB 1922SS 79 3 14 av/pj/5
Text: SF00068 Text: SF00070 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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