House Journal: Page 651: Wednesday, March 6, 2002
12 chapter 91A and shall be in full compensation of all
13 services, including any service on committees, boards,
14 commissions or similar duty for Iowa government,
15 except for members of the general assembly. A state
16 employee on an annual salary shall not be paid for a
17 pay period an amount which exceeds the employee's
18 annual salary transposed into a rate applicable to the
19 pay period by dividing the annual salary by the number
20 of pay periods in the fiscal year. Salaries for state
21 employees covered by the overtime payment provisions
22 of the federal Fair Labor Standards Act shall be
23 established on an hourly basis. However, the state
24 does not and has never intended to waive sovereign
25 immunity from claims arising under the federal Fair
26 Labor Standards Act by any state employee employed in
27 a bona fide managerial capacity as defined in this
28 section.
29 Sec. 2. Section 70A.1, Code 2001, is amended by
30 adding the following new unnumbered paragraph:
31 NEW UNNUMBERED PARAGRAPH. For purposes of this
32 section, a "state employee employed in a bona fide
33 managerial capacity" means a state employee employed
34 in a position in which the employee performs the
35 duties of a bona fide executive, bona fide
36 administrator, or a bona fide professional, as those
37 duties are described in 29 C.F.R. § 541.1, 541.2, and
38 541.3. The status of an employee employed in a bona
39 fide managerial capacity is unaffected by the
40 disciplinary policies applicable to such an employee,
41 including, but not limited to, policies that may
42 result in suspension from employment without pay.
43 Sec. 3. EFFECTIVE DATE - RETROACTIVE
44 APPLICABILITY. This Act, being deemed of immediate
45 importance, takes effect upon enactment, and is
46 retroactively applicable to claims arising on or after
47 January 1, 1990, and applies to all litigation pending
48 on the effective date of this Act."
49 2. Title page, by striking lines 1 through 3, and
50 inserting the following: "An Act relating to the
Page 2
1 applicability of the federal Fair Labor Standards Act
2 to certain state employees and including an effective
3 date and retroactive applicability provision."
Millage of Scott offered the following amendment H-8097, to
amendment H-8079, filed by him and moved its adoption:
© 2002 Cornell College and
League of Women Voters of Iowa
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