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
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Feb 21 03:35:00 CST 2002
URL: /DOCS/GA/79GA/Legislation/SF/02100/SF02127/020206.html
jhf