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