Text: SF00308 Text: SF00310 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. This Act shall be known and may be cited as the 1 2 "Non-English-Speaking Workers Protection Act". 1 3 Sec. 2. Section 91E.1, Code 2003, is amended to read as 1 4 follows: 1 5 91E.1 DEFINITIONS. 1 6 As used in this chapter: 1 7 1. "Actively recruit" means any affirmative act, as 1 8 defined by the division, done by or on behalf of an employer 1 9 for the purpose of recruitment or hiring of non-English- 1 10 speaking employees who reside more than five hundred miles 1 11 from the place of employment. 1 121.2. "Commissioner" means the commissioner ofthe1 13division oflaborservicesof the department of workforce 1 14 development. 1 15 3. "Coordinator" means the meatpacking industry worker 1 16 rights coordinator appointed pursuant to section 91E.7. 1 17 4. "Division" means the division of labor services of the 1 18 department of workforce development. 1 19 5. "Employ" means to permit to work. 1 202.6. "Employee" means a natural person who is employed in 1 21 this state for wages paid on an hourly basis by an employer.1 22An employeebut does not includeaany of the following: 1 23 a. A person engaged in agriculture as defined in section 1 24 91A.2or a person engaged in agriculture on a seasonal basis.1 25However, this exemption shall not apply toexcept farm owners 1 26 who hire workers to work on cropland other than their own. 1 27 b. A person employed as a child care provider in or for a 1 28 private home. 1 293.7. "Employer" means a person,as defined in chapter 4,1 30 partnership, limited liability company, association, 1 31 corporation, business trust, legal representative, or 1 32 organized group of persons, who in this state employs for 1 33 wages, paid on an hourly basis, one hundred or morenatural1 34persons. An employeremployees at any one time, except for 1 35 seasonal employment of not more than twenty weeks in any 2 1 calendar year, but does not includeaany of the following: 2 2 a. A client, patient, customer, or other person who 2 3 obtains professional services from a licensed person who 2 4 provides the services on a fee service basis or as an 2 5 independent contractor, or. 2 6 b. The United States, the state, or an agency or 2 7 governmental subdivision of the United States or the state. 2 8 8. "Farm owner" does not include a person who uses 2 9 cropland for research or experimental purposes, or for 2 10 testing, developing, or producing seeds or plants for sale or 2 11 resale. 2 12 9. "Meatpacking operation" means a business in which 2 13 slaughtering, butchering, meat canning, meat packing, meat 2 14 manufacturing, poultry canning, poultry packing, poultry 2 15 manufacturing, pet food manufacturing, processing of 2 16 meatpacking products, or rendering is carried on. 2 17 10. "Meatpacking products" includes livestock products and 2 18 poultry products as defined in section 189A.2. 2 194.11."Non-English speakingNon-English-speaking 2 20 employee" means an employee who does not speak, read, write, 2 21 or understand English to the degree necessary for 2 22 comprehension of the terms, conditions, and daily 2 23 responsibilities of employment. 2 245. "Farm owner" does not include a person who uses2 25cropland for research or experimental purposes, testing,2 26developing, or producing seeds or plants for sale or resale.2 27 Sec. 3. Section 91E.3, Code 2003, is amended to read as 2 28 follows: 2 29 91E.3 EMPLOYER RECRUITING PRACTICES. 2 30 1. An employer or a representative of an employer who 2 31 actively recruitsnon-English speakingnon-English-speaking 2 32residents of other states more than five hundred miles from2 33the place of employment,persons for employment as employees 2 34 for wages paid on an hourly basis in this state,must have on 2 35 file, a copy of which must be provided to the employee, a 3 1 written statement signed by the employer and the employee 3 2 which provides relevant information regarding the position of 3 3 employment, including but not limited to the following 3 4 information: 3 5 a. The minimum number of hours the employee can expect to 3 6 work on a weekly basis. 3 7 b. The hourly wages of the position of employment 3 8 including the starting hourly wage. 3 9 c. A description of the responsibilities and tasks of the 3 10 position of employment. 3 11 d. A description of the transportation and housing to be 3 12 provided, if any, including any costs to be charged for 3 13 housing or transportation, the length of time such housing is 3 14 to be provided, and whether or not such housing is in 3 15 compliance with all applicable state and local housing 3 16 standards. 3 17d.e. The health risks, known to the employer, to the 3 18 employee involved in the position of employment. 3 19e.f. That possession of forged documentation authorizing 3 20 the person to stay or be employed in the United States is a 3 21 class "D" felony under section 715A.2. 3 22 2. If an employee who resigns from employment with an 3 23 employer within four weeks of the employee's initial date of 3 24 employment requests, within three business days of 3 25 termination, transportation to return to the location from 3 26 which the employee was recruited and the location from which 3 27 the employee was recruited is five hundred or more miles from 3 28 the place of employment, the employer shall provide the 3 29 employee with transportation at no cost to the employee. 3 30 3. It is a violation of this section if an employer or 3 31 representative knowingly and willfully provides false or 3 32 misleading information on the statement or regarding the 3 33 contents of the statement. 3 34 Sec. 4. Section 91E.4, subsection 3, Code 2003, is amended 3 35 to read as follows: 4 1 3. Any person aggrieved as a result of a violation of 4 2 section 91E.2 or 91E.3 or the rules adopted pursuant to those 4 3 sections may file suit in any district court of this state for 4 4 actual damages and injunctive relief. An employer who, 4 5 through repeated violation of section 91E.3, demonstrates a 4 6 pattern of abusive recruitment practices may be ordered to pay 4 7 punitive damages. 4 8 Sec. 5. Section 91E.5, Code 2003, is amended to read as 4 9 follows: 4 10 91E.5 DUTIES AND AUTHORITY OF THE COMMISSIONER. 4 11 1. The commissioner shall adopt rules regarding the 4 12 keeping of confidential records and trade secrets obtained 4 13 pursuant to this chapter and to implement and enforce this 4 14 chapter and shall provide further exemptions from the 4 15 provisions of this chapter where reasonable. 4 16 2. In order to carry out the purposes of this chapter, the 4 17 commissioner,orthe commissioner's representative, or the 4 18 coordinator, upon presenting appropriate credentials to the 4 19 owner, operator, or agent in charge, may: 4 20 a. Inspect employment records relating to the total number 4 21 of employees andnon-English speakingnon-English-speaking 4 22 employees, and the services provided tonon-English speaking4 23 non-English-speaking employees. 4 24 b. Interview an employer, owner, operator, agent, or 4 25 employee, during working hours or at other reasonable times. 4 26 Sec. 6. NEW SECTION. 91E.7 DUTIES AND AUTHORITY OF 4 27 COORDINATOR – BILL OF RIGHTS. 4 28 1. The position of meatpacking industry worker rights 4 29 coordinator is established within the division and under the 4 30 direction and control of the commissioner. The coordinator 4 31 shall be appointed by the governor and serve at the pleasure 4 32 of the governor. Preference shall be given to applicants for 4 33 the coordinator position who are fluent in the Spanish 4 34 language. 4 35 2. The duties of the coordinator shall be to inspect and 5 1 review the practices and procedures of meatpacking operations 5 2 in this state as they relate to the provision of the Iowa 5 3 meatpacking industry worker bill of rights, which rights are 5 4 outlined as follows: 5 5 a. The right to organize. 5 6 b. The right to a safe workplace. 5 7 c. The right to adequate facilities and the opportunity to 5 8 use them. 5 9 d. The right to complete information. 5 10 e. The right to understand the information provided. 5 11 f. The right to existing state and federal benefits and 5 12 rights. 5 13 g. The right to be free from discrimination. 5 14 h. The right to continuing training, including training of 5 15 supervisors. 5 16 i. The right to compensation for work performed. 5 17 j. The right to seek state help. 5 18 3. The coordinator and the coordinator's designated 5 19 representatives shall have access to all meatpacking 5 20 operations in this state at any time meatpacking products are 5 21 being processed and industry workers are on the job. 5 22 4. The coordinator may issue a subpoena to compel any 5 23 person to appear, give sworn testimony, or produce documentary 5 24 or other evidence relevant to the duties of the coordinator 5 25 authorized under this section. If any person subpoenaed 5 26 refuses to produce the records, books, or papers, the 5 27 coordinator may apply to the district court having 5 28 jurisdiction over that person for the enforcement of the 5 29 subpoena. 5 30 5. The coordinator may receive complaints and make 5 31 referrals to appropriate government agencies as necessary to 5 32 enforce the provisions of this section. 5 33 6. The commissioner shall provide necessary office space, 5 34 furniture, equipment, and supplies as well as necessary 5 35 assistance for the coordinator. 6 1 7. The coordinator shall, on or before December 1 of each 6 2 year, submit a report to the members of the general assembly 6 3 and the governor regarding any actions the coordinator deems 6 4 necessary or appropriate to provide for the fair treatment of 6 5 workers in the meatpacking industry. 6 6 EXPLANATION 6 7 This bill creates a position of meatpacking industry worker 6 8 rights coordinator within the division of labor services of 6 9 the department of workforce development to be appointed by the 6 10 governor and who shall grant preference to Spanish-speaking 6 11 applicants. The bill grants to the coordinator the right to 6 12 inspect and review the practices and procedures of meatpacking 6 13 operations to ensure specific rights of meatpacking workers as 6 14 enumerated in the bill. The coordinator is granted access to 6 15 all meatpacking operations in Iowa, may issue subpoenas, 6 16 compel testimony or documentary evidence, and enforce the 6 17 subpoenas in district court. The coordinator may receive 6 18 complaints, make referrals to government agencies, and must 6 19 make an annual report to the legislature and governor. Office 6 20 space, equipment, and general direction and control shall be 6 21 provided by the labor commissioner although the coordinator 6 22 serves at the pleasure of the governor. 6 23 The bill adopts additional definitions of terms used within 6 24 the chapter, excludes child care providers in private homes 6 25 from the definition of employee, excludes the United States 6 26 and its governmental subdivisions from the definition of 6 27 employer, and requires employers who actively recruit non- 6 28 English-speaking employees to additionally describe in writing 6 29 any transportation and housing being provided as part of the 6 30 employment agreement. The bill provides that any person may 6 31 bring a civil suit for actual damages and an injunction 6 32 against an employer for failing to provide an interpreter 6 33 where required by the chapter and for knowingly or willfully 6 34 providing a false statement as required under the chapter. 6 35 The bill requires the labor commissioner to adopt rules 7 1 regarding the keeping of any confidential records and trade 7 2 secrets obtained while enforcing the Code chapter. 7 3 LSB 2119SS 80 7 4 kk/sh/8
Text: SF00308 Text: SF00310 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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