House File 2460 H-8190 Amend House File 2460 as follows: 1 1. Page 17, after line 6 by inserting: 2 < DIVISION ___ 3 WAGE PAYMENT COLLECTION 4 Sec. ___. Section 91A.5, subsection 1, unnumbered 5 paragraph 1, Code 2014, is amended to read as follows: 6 An employer shall have the burden to establish 7 that a deduction from employee wages is lawful. An 8 employer shall not withhold or divert any portion of 9 an employee’s wages unless: 10 Sec. ___. Section 91A.5, subsection 1, paragraph b, 11 Code 2014, is amended to read as follows: 12 b. The employer has obtains advance written 13 authorization from the employee to so deduct for any 14 lawful purpose accruing to the benefit of the employee. 15 Sec. ___. Section 91A.6, subsection 1, Code 2014, 16 is amended to read as follows: 17 1. An employer shall after being notified by the 18 commissioner pursuant to subsection 2 do the following : 19 a. Notify its employees in writing at the time of 20 hiring what wages and regular paydays are designated 21 by the employer. 22 b. Notify its employees in writing whose wages are 23 determined based on a task, piece, mile, or load basis 24 about the method used to calculate wages and when the 25 wages are earned by the employees. 26 b. c. Notify, at least one pay period prior to the 27 initiation of any changes, its employees of any changes 28 in the arrangements specified in this subsection 1 that 29 reduce wages or alter the regular paydays. The notice 30 shall either be in writing or posted at a place where 31 employee notices are routinely posted. 32 c. d. Make available to its employees upon written 33 request, a written statement enumerating employment 34 agreements and policies with regard to vacation pay, 35 sick leave, reimbursement for expenses, retirement 36 benefits, severance pay, or other comparable matters 37 with respect to wages. Notice of such availability 38 shall be given to each employee in writing or by a 39 notice posted at a place where employee notices are 40 routinely posted. 41 d. e. Establish, maintain, and preserve for three 42 calendar years the payroll records showing the hours 43 worked, wages earned, and deductions made for each 44 employee and any employment agreements entered into 45 between an employer and employee. Failure to do so 46 shall raise a rebuttable presumption that the employer 47 did not pay the required minimum wage under section 48 91D.1. 49 Sec. ___. Section 91A.6, subsection 2, Code 2014, 50 -1- HF2460.3654 (2) 85 ad/tm 1/ 4 #1.

is amended by striking the subsection. 1 Sec. ___. Section 91A.6, subsection 4, Code 2014, 2 is amended by striking the subsection and inserting in 3 lieu thereof the following: 4 4. a. On each regular payday, the employer shall 5 send to each employee by mail or shall provide at the 6 employee’s normal place of employment during normal 7 employment hours a statement showing the wages earned 8 by the employee, the deductions made for the employee, 9 and the following information, as applicable: 10 (1) For each employee paid in whole or in part on 11 an hourly basis, the statement shall show the hours the 12 employee worked. 13 (2) For each employee paid based on a percentage of 14 sales or based on a percentage of revenue generated for 15 the employer, the statement shall include a list of the 16 amount of each sale or the amount of revenue during the 17 pay period. 18 (3) For each employee whose pay is based on the 19 number of miles or loads performed, the statement shall 20 include the applicable number performed during the pay 21 period. 22 b. An employer who provides each employee access to 23 view an electronic statement of the employee’s earnings 24 and provides the employee free and unrestricted access 25 to a printer to print the employee’s statement of 26 earnings, if the employee chooses, is in compliance 27 with this subsection. 28 Sec. ___. Section 91A.8, Code 2014, is amended to 29 read as follows: 30 91A.8 Damages recoverable by an employee. 31 When it has been shown that an employer has 32 intentionally failed to pay an employee wages or 33 reimburse expenses pursuant to section 91A.3 , whether 34 as the result of a wage dispute or otherwise, the 35 employer shall be liable to the employee for any the 36 unpaid wages or unreimbursed expenses that are so 37 intentionally failed to be paid or reimbursed , plus 38 liquidated damages, court costs , and any attorney’s 39 attorney fees incurred in recovering the unpaid wages 40 or unreimbursed expenses and determined to have been 41 usual and necessary. In other instances the employer 42 shall be liable only for unpaid wages or expenses, 43 court costs and usual and necessary attorney’s fees 44 incurred in recovering the unpaid wages or expenses. 45 Sec. ___. Section 91A.10, subsection 5, Code 2014, 46 is amended to read as follows: 47 5. An employer shall not discharge or in any other 48 manner discriminate against any employee because the 49 employee has filed a complaint, assigned a claim, or 50 -2- HF2460.3654 (2) 85 ad/tm 2/ 4

brought an action under this section or has cooperated 1 in bringing any action against an employer. 2 5. a. An employer or other person shall not 3 discharge or in any other manner discriminate or 4 retaliate against any of the following: 5 (1) An employee or other person for exercising any 6 right provided under this chapter or any rules adopted 7 pursuant to this chapter. 8 (2) Another employee or person for providing 9 assistance to an employee or providing information 10 regarding the employee or person. 11 (3) Another employee or person for testifying or 12 planning to testify in any investigation or proceeding 13 regarding the employee or person. 14 b. Taking adverse action against an employee or 15 other person within ninety days of an employee’s or 16 other person’s engaging in any of the activities in 17 paragraph “a” raises a presumption that such action was 18 retaliation, which may be rebutted by evidence that 19 such action was taken for other permissible reasons. 20 c. Any employee may file a complaint with the 21 commissioner alleging discharge , or discrimination , 22 or retaliation within thirty days after such 23 violation occurs. Upon receipt of the complaint, the 24 commissioner shall cause an investigation to be made 25 to the extent deemed appropriate. If the commissioner 26 determines from the investigation that the provisions 27 of this subsection have been violated, the commissioner 28 shall bring an action in the appropriate district court 29 against such person. The district court shall have 30 jurisdiction, for cause shown, to restrain violations 31 of this subsection and order all appropriate relief 32 including rehiring or reinstatement of the employee to 33 the former position with back pay. 34 Sec. ___. Section 91A.10, Code 2014, is amended by 35 adding the following new subsection: 36 NEW SUBSECTION . 6. A civil action to enforce 37 subsection 5 may also be maintained in any court of 38 competent jurisdiction by the commissioner or by any 39 party injured by a violation of subsection 5. An 40 employer or other person who retaliates against an 41 employee or other person in violation of subsection 5 42 shall be required to pay the employee or other person 43 an amount set by the commissioner or a court sufficient 44 to compensate the employee or other person and to deter 45 future violations, but not less than one hundred fifty 46 dollars for each day that the violation occurred. 47 Sec. ___. NEW SECTION . 91A.15 Commissions earned 48 date. 49 An employer shall not require that a person be a 50 -3- HF2460.3654 (2) 85 ad/tm 3/ 4

current employee to be paid a commission that the 1 person otherwise earned. 2 Sec. ___. EFFECTIVE DATE. This division of this 3 Act takes effect January 1, 2015. > 4 2. Title page, line 6, by striking < matters > and 5 inserting < matters, and including effective date 6 provisions > 7 3. By renumbering, redesignating, and correcting 8 internal references as necessary. 9 ______________________________ M. SMITH of Marshall -4- HF2460.3654 (2) 85 ad/tm 4/ 4 #2. #3.