House File 286 S-3092 Amend House File 286, as passed by the House, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 91A.3, subsection 3, Code 2015, 5 is amended to read as follows: 6 3. a. The wages paid under subsection 1 shall be 7 paid using a method authorized by this section. 8 b. Wages due may be paid at the employee’s normal 9 place of employment during normal employment hours 10 or at a place and hour mutually agreed upon by the 11 employer and employee , or the employee may elect 12 to have the wages sent for direct deposit, on or by 13 the regular payday of the employee, into a financial 14 institution designated by the employee . 15 c. Upon written request by the employee, wages due 16 may be sent to the employee by mail. The employer 17 shall maintain a copy of the request for as long as it 18 is effective and for at least two years thereafter. 19 d. The employee may elect to have wages due sent 20 for direct deposit, on or by the regular payday of the 21 employee, into a financial institution designated by 22 the employee. An employee hired on or after July 1, 23 2005, may be required, as a condition of employment, to 24 participate in direct deposit of the employee’s wages 25 in a financial institution of the employee’s choice 26 unless any of the following conditions exist: 27 (1) The costs to the employee of establishing 28 and maintaining an account for purposes of the direct 29 deposit would effectively reduce the employee’s wages 30 to a level below the minimum wage provided under 31 section 91D.1 . 32 (2) The employee would incur fees charged to the 33 employee’s account as a result of the direct deposit. 34 (3) The provisions of a collective bargaining 35 agreement mutually agreed upon by the employer and 36 the employee organization prohibit the employer from 37 requiring an employee to sign up for direct deposit as 38 a condition of hire. 39 e. An employer may offer payment of wages by debit 40 card or pay card pursuant to this section only if 41 the employee has the option of withdrawing all wages 42 due once per pay period, but not more frequently 43 than once per week, without incurring any charge, if 44 such withdrawal of wages is conducted at a financial 45 institution’s office location. For purposes of this 46 paragraph, “financial institution” means the same as 47 defined in section 537.1301. 48 b. f. If the employer fails to pay an employee’s 49 wages on or by the regular payday in accordance with 50 -1- HF286.1303 (3) 86 je/rj 1/ 6 #1.

this subsection , the employer is liable for the amount 1 of any overdraft charge if the overdraft is created 2 on the employee’s account because of the employer’s 3 failure to pay the wages on or by the regular payday. 4 The overdraft charges may be the basis for a claim 5 under section 91A.10 and for damages under section 6 91A.8 . 7 Sec. 2. Section 91A.5, subsection 1, paragraph b, 8 Code 2015, is amended to read as follows: 9 b. The employer has obtains advance written 10 authorization from the employee to so deduct for any 11 lawful purpose accruing to the benefit of the employee. 12 Sec. 3. Section 91A.6, subsection 1, Code 2015, is 13 amended to read as follows: 14 1. An employer shall after being notified by the 15 commissioner pursuant to subsection 2 do the following : 16 a. Notify its employees in writing at the time of 17 hiring what wages and regular paydays are designated 18 by the employer. 19 b. Notify its employees in writing whose wages are 20 determined based on a task, piece, mile, or load basis 21 about the method used to calculate wages and when the 22 wages are earned by the employees. 23 b. c. Notify, at least one pay period prior to the 24 initiation of any changes, its employees of any changes 25 in the arrangements specified in this subsection 1 that 26 reduce wages or alter the regular paydays. The notice 27 shall either be in writing or posted at a place where 28 employee notices are routinely posted. 29 c. d. Make available to its employees upon written 30 request, a written statement enumerating employment 31 agreements and policies with regard to vacation pay, 32 sick leave, reimbursement for expenses, retirement 33 benefits, severance pay, or other comparable matters 34 with respect to wages. Notice of such availability 35 shall be given to each employee in writing or by a 36 notice posted at a place where employee notices are 37 routinely posted. 38 d. e. Establish, maintain, and preserve for three 39 calendar years the payroll records showing the hours 40 worked, wages earned, and deductions made for each 41 employee and any employment agreements entered into 42 between an employer and employee. 43 Sec. 4. Section 91A.6, subsection 2, Code 2015, is 44 amended by striking the subsection. 45 Sec. 5. Section 91A.6, subsection 4, Code 2015, is 46 amended by striking the subsection and inserting in 47 lieu thereof the following: 48 4. a. On each regular payday, the employer shall 49 send to each employee by mail or shall provide at the 50 -2- HF286.1303 (3) 86 je/rj 2/ 6

employee’s normal place of employment during normal 1 employment hours a statement showing the wages earned 2 by the employee, the deductions made for the employee, 3 and the following information, as applicable: 4 (1) For each employee paid in whole or in part on 5 an hourly basis, the statement shall show the hours the 6 employee worked and the beginning and ending dates of 7 the pay period to which the statement applies. 8 (2) For each employee paid based on a percentage of 9 sales or based on a percentage of revenue generated for 10 the employer, the statement shall include a list of the 11 amount of each sale or the amount of revenue during the 12 pay period. 13 (3) For each employee whose pay is based on the 14 number of miles or loads performed, the statement shall 15 include the applicable number performed during the pay 16 period. 17 b. An employer who provides each employee access to 18 view an electronic statement of the employee’s earnings 19 and provides the employee free and unrestricted access 20 to a printer to print the employee’s statement of 21 earnings, if the employee chooses, is in compliance 22 with this subsection. 23 Sec. 6. Section 91A.8, Code 2015, is amended to 24 read as follows: 25 91A.8 Damages recoverable by an employee. 26 When it has been shown that an employer has 27 intentionally failed to pay an employee wages or 28 reimburse expenses pursuant to section 91A.3 , whether 29 as the result of a wage dispute or otherwise, the 30 employer shall be liable to the employee for any the 31 unpaid wages or unreimbursed expenses that are so 32 intentionally failed to be paid or reimbursed , plus 33 liquidated damages, court costs , and any attorney’s 34 attorney fees incurred in recovering the unpaid wages 35 or unreimbursed expenses and determined to have been 36 usual and necessary. In other instances the employer 37 shall be liable only for unpaid wages or expenses, 38 court costs and usual and necessary attorney’s fees 39 incurred in recovering the unpaid wages or expenses. 40 Sec. 7. Section 91A.9, subsection 3, Code 2015, is 41 amended to read as follows: 42 3. The commissioner may employ such qualified 43 personnel as are necessary for the enforcement of this 44 chapter . Such personnel shall be employed pursuant 45 to chapter 8A, subchapter IV . The commissioner shall 46 employ wage investigators for the enforcement of this 47 chapter. 48 Sec. 8. Section 91A.9, Code 2015, is amended by 49 adding the following new subsection: 50 -3- HF286.1303 (3) 86 je/rj 3/ 6

NEW SUBSECTION . 4A. The commissioner shall 1 establish a statewide, toll-free telephone hotline for 2 the purpose of receiving reports of violations of this 3 chapter. 4 Sec. 9. Section 91A.10, subsection 5, Code 2015, is 5 amended to read as follows: 6 5. An employer shall not discharge or in any other 7 manner discriminate against any employee because the 8 employee has filed a complaint, assigned a claim, or 9 brought an action under this section or has cooperated 10 in bringing any action against an employer. 11 5. a. An employer or other person shall not 12 discharge or in any other manner discriminate or 13 retaliate against any of the following: 14 (1) An employee or other person for exercising any 15 right provided under this chapter or any rules adopted 16 pursuant to this chapter. 17 (2) Another employee or person for providing 18 assistance to an employee or providing information 19 regarding the employee or person. 20 (3) Another employee or person for testifying or 21 planning to testify in any investigation or proceeding 22 regarding the employee or person. 23 b. Any employee may file a complaint with the 24 commissioner alleging discharge , or discrimination , 25 or retaliation within thirty days after such 26 violation occurs. Upon receipt of the complaint, the 27 commissioner shall cause an investigation to be made 28 to the extent deemed appropriate. If the commissioner 29 determines from the investigation that the provisions 30 of this subsection have been violated, the commissioner 31 shall bring an action in the appropriate district court 32 against such person. The district court shall have 33 jurisdiction, for cause shown, to restrain violations 34 of this subsection and order all appropriate relief 35 including rehiring or reinstatement of the employee to 36 the former position with back pay. 37 Sec. 10. Section 91A.10, Code 2015, is amended by 38 adding the following new subsection: 39 NEW SUBSECTION . 6. A civil action to enforce 40 subsection 5 may also be maintained in any court of 41 competent jurisdiction by the commissioner or by any 42 party injured by a violation of subsection 5. An 43 employer or other person who retaliates against an 44 employee or other person in violation of subsection 5 45 shall be required to pay the employee or other person 46 an amount set by the commissioner or a court sufficient 47 to compensate the employee or other person and to deter 48 future violations, but not less than one hundred fifty 49 dollars for each day that the violation occurred. 50 -4- HF286.1303 (3) 86 je/rj 4/ 6

Sec. 11. NEW SECTION . 91A.12A Erroneous 1 violations. 2 If an employer erroneously violates the provisions 3 of this chapter or the rules adopted pursuant to this 4 chapter, the employer shall not be subject to liability 5 to an employee pursuant to section 91A.8, the violation 6 shall not constitute an enforceable claim as provided 7 in section 91A.10, and the employer shall not be 8 subject to a civil money penalty pursuant to section 9 91A.12, if all of the following conditions are met: 10 1. The commissioner determines that the violation 11 was erroneous and that the employer attempted in good 12 faith to comply with the provisions of this chapter and 13 the rules adopted pursuant to this chapter. 14 2. The commissioner, after considering any history 15 of violations of this chapter or the rules adopted 16 pursuant to this chapter by the employer, determines 17 that the violation was isolated in nature. 18 3. The employer corrects the violation to the 19 satisfaction of the labor commissioner within fourteen 20 days of the occurrence of the violation. 21 Sec. 12. NEW SECTION . 91A.15 Commissions earned 22 date. 23 An employer shall not require that a person be a 24 current employee to be paid a commission that the 25 person otherwise earned. 26 Sec. 13. NEW SECTION . 91A.16 Inconsistency with 27 federal law. 28 A provision of this chapter shall not apply to any 29 employer or employee if such provision would conflict 30 with federal law or regulation. 31 Sec. 14. NOTIFICATION REQUIREMENTS. The labor 32 commissioner shall provide for the notification of 33 each employer in this state of the requirements for 34 employers provided in this Act by September 1, 2015. 35 Such notification shall include suggested forms 36 and procedures that employers may use for purposes 37 of compliance with the notice and recordkeeping 38 requirements of section 91A.6, as amended by this Act. 39 Sec. 15. EFFECTIVE DATE. This Act takes effect 40 January 1, 2016. > 41 2. Title page, by striking line 1 and inserting < An 42 Act relating to wage payment collection issues arising 43 between employers and individuals who provide services 44 to employers, providing penalties and remedies, and 45 including effective date provisions. > 46 ______________________________ COMMITTEE ON LABOR AND BUSINESS RELATIONS -5- HF286.1303 (3) 86 je/rj 5/ 6 #2.