Text: SF02126                           Text: SF02128
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 2127

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  91F.1  DEFINITIONS.
  1  2    As used in this chapter:
  1  3    1.  "Commissioner" means the commissioner of the division
  1  4 of labor services of the department of workforce development.
  1  5    2.  "Employee" means an individual employed by a health
  1  6 facility who is involved in direct patient care activities or
  1  7 clinical services and who receives an hourly wage.
  1  8    3.  "Employer" means a person who employs employees.
  1  9    4.  "Emergency health crisis" means any unforeseen declared
  1 10 national, state, or municipal emergency or a disaster or other
  1 11 catastrophic event, including weather-related emergencies,
  1 12 which substantially affects or increases the need for health
  1 13 care services.
  1 14    5.  "Health facility" includes a hospital and any other
  1 15 health care facility licensed by the state or authorized to
  1 16 provide care within the state.
  1 17    6.  "Mandatory overtime" means the compelling or forcing of
  1 18 employees to work hours beyond agreed upon assignments by
  1 19 threat of discrimination, dismissal, licensure discipline, or
  1 20 other sanctions.  "Mandatory overtime" does not mean work
  1 21 during an emergency health crisis.
  1 22    7.  "Schedule" means an agreed upon, predetermined,
  1 23 regularly scheduled full-time or part-time work schedule, as
  1 24 determined by contract or established work scheduling
  1 25 practices, policies, or procedures.
  1 26    Sec. 2.  NEW SECTION.  91F.2  MANDATORY OVERTIME
  1 27 PROHIBITED.
  1 28    1.  An employee shall not be required to work scheduled
  1 29 mandatory overtime.  An adverse employment action shall not be
  1 30 taken against an employee for exercising the employee's rights
  1 31 under this chapter.
  1 32    2.  Compliance with the requirements of this chapter shall
  1 33 not be subject to or considered in collective bargaining.
  1 34    Sec. 3.  NEW SECTION.  91F.3  DUTIES AND AUTHORITY OF THE
  1 35 COMMISSIONER.
  2  1    The commissioner shall adopt rules to administer this
  2  2 chapter.
  2  3    Sec. 4.  NEW SECTION.  91F.4  ENFORCEMENT.
  2  4    1.  An employer who violates a provision of this chapter
  2  5 shall be subject to a civil penalty of not more than one
  2  6 hundred dollars for each violation.  If there are four or more
  2  7 violations of this chapter by a health facility within a
  2  8 calendar year, the fine provided for in this subsection shall
  2  9 be tripled for a fourth or subsequent violation within that
  2 10 calendar year.
  2 11    2.  This chapter shall be enforced in accordance with the
  2 12 requirements of chapter 91A.
  2 13    3.  The commissioner shall report violations of this
  2 14 chapter to the entity responsible for licensing the health
  2 15 facility subject to the penalty.  
  2 16                           EXPLANATION
  2 17    This bill establishes a new Code chapter that prohibits
  2 18 scheduled mandatory overtime for certain employees of a health
  2 19 facility.  The bill defines a health facility as a hospital or
  2 20 any other health care facility that is licensed by the state.
  2 21 An employee covered by this new Code chapter is defined as an
  2 22 hourly employee of a health facility who is involved in
  2 23 patient care or clinical services.  The labor commissioner is
  2 24 required to adopt rules to implement and enforce this new Code
  2 25 chapter.  The bill provides that an employer who violates this
  2 26 Code chapter shall be subject to a civil penalty of not more
  2 27 than $100 for each violation.  A fourth or additional
  2 28 violation by a health facility within a calendar year is
  2 29 subject to a $300 penalty.  The bill also requires the labor
  2 30 commissioner to report violations of this chapter to the
  2 31 licensing entity for the health facility subject to the
  2 32 penalty.  
  2 33 LSB 5488XS 79
  2 34 ec/pj/5
     

Text: SF02126                           Text: SF02128
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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