S-3092

   Amend House File 286, as passed by the House, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   Section 1.  Section 91A.3, subsection 3, Code 2015, is amended to read as follows:
   3.  a.  The wages paid under subsection 1 shall be paid using a method authorized by this section. 
   b.  Wages due may be paid at the employee’s normal place of employment during normal employment hours or at a place and hour mutually agreed upon by the employer and employee, or the employee may elect to have the wages sent for direct deposit, on or by the regular payday of the employee, into a financial institution designated by the employee.
   c.  Upon written request by the employee, wages due may be sent to the employee by mail. The employer shall maintain a copy of the request for as long as it is effective and for at least two years thereafter.
   d.  The employee may elect to have wages due sent for direct deposit, on or by the regular payday of the employee, into a financial institution designated by the employee.  An employee hired on or after July 1, 2005, may be required, as a condition of employment, to participate in direct deposit of the employee’s wages in a financial institution of the employee’s choice unless any of the following conditions exist:
   (1)  The costs to the employee of establishing and maintaining an account for purposes of the direct deposit would effectively reduce the employee’s wages to a level below the minimum wage provided under section 91D.1.
   (2)  The employee would incur fees charged to the employee’s account as a result of the direct deposit.
   (3)  The provisions of a collective bargaining agreement mutually agreed upon by the employer and the employee organization prohibit the employer from requiring an employee to sign up for direct deposit as a condition of hire.
   e.  An employer may offer payment of wages by debit card or pay card pursuant to this section only if the employee has the option of withdrawing all wages due once per pay period, but not more frequently than once per week, without incurring any charge, if such withdrawal of wages is conducted at a financial institution’s office location. For purposes of this paragraph, “financial institution” means the same as defined in section 537.1301.
   b.  f.  If the employer fails to pay an employee’s wages on or by the regular payday in accordance with this subsection, the employer is liable for the amount of any overdraft charge if the overdraft is created on the employee’s account because of the employer’s failure to pay the wages on or by the regular payday. The overdraft charges may be the basis for a claim under section 91A.10 and for damages under section 91A.8.
   Sec. 2.  Section 91A.5, subsection 1, paragraph b, Code 2015, is amended to read as follows:
   b.  The employer has obtains advance written authorization from the employee to so deduct for any lawful purpose accruing to the benefit of the employee.
   Sec. 3.  Section 91A.6, subsection 1, Code 2015, is amended to read as follows:
   1.  An employer shall after being notified by the commissioner pursuant to subsection 2 do the following:
   a.  Notify its employees in writing at the time of hiring what wages and regular paydays are designated by the employer.
   b.  Notify its employees in writing whose wages are determined based on a task, piece, mile, or load basis about the method used to calculate wages and when the wages are earned by the employees.
   b.  c.  Notify, at least one pay period prior to the initiation of any changes, its employees of any changes in the arrangements specified in this subsection 1 that reduce wages or alter the regular paydays. The notice shall either be in writing or posted at a place where employee notices are routinely posted.
   c.  d.  Make available to its employees upon written request, a written statement enumerating employment agreements and policies with regard to vacation pay, sick leave, reimbursement for expenses, retirement benefits, severance pay, or other comparable matters with respect to wages. Notice of such availability shall be given to each employee in writing or by a notice posted at a place where employee notices are routinely posted.
   d.  e.  Establish, maintain, and preserve for three calendar years the payroll records showing the hours worked, wages earned, and deductions made for each employee and any employment agreements entered into between an employer and employee.
   Sec. 4.  Section 91A.6, subsection 2, Code 2015, is amended by striking the subsection.
   Sec. 5.  Section 91A.6, subsection 4, Code 2015, is amended by striking the subsection and inserting in lieu thereof the following:
   4.  a.  On each regular payday, the employer shall send to each employee by mail or shall provide at the employee’s normal place of employment during normal employment hours a statement showing the wages earned by the employee, the deductions made for the employee, and the following information, as applicable:
   (1)  For each employee paid in whole or in part on an hourly basis, the statement shall show the hours the employee worked and the beginning and ending dates of the pay period to which the statement applies.
   (2)  For each employee paid based on a percentage of sales or based on a percentage of revenue generated for the employer, the statement shall include a list of the amount of each sale or the amount of revenue during the pay period.
   (3)  For each employee whose pay is based on the number of miles or loads performed, the statement shall include the applicable number performed during the pay period.
   b.  An employer who provides each employee access to view an electronic statement of the employee’s earnings and provides the employee free and unrestricted access to a printer to print the employee’s statement of earnings, if the employee chooses, is in compliance with this subsection.
   Sec. 6.  Section 91A.8, Code 2015, is amended to read as follows:
   91A.8  Damages recoverable by an employee.

   When it has been shown that an employer has intentionally failed to pay an employee wages or reimburse expenses pursuant to section 91A.3, whether as the result of a wage dispute or otherwise, the employer shall be liable to the employee for any the unpaid wages or unreimbursed expenses that are so intentionally failed to be paid or reimbursed, plus liquidated damages, court costs, and any attorney’s attorney fees incurred in recovering the unpaid wages or unreimbursed expenses and determined to have been usual and necessary. In other instances the employer shall be liable only for unpaid wages or expenses, court costs and usual and necessary attorney’s fees incurred in recovering the unpaid wages or expenses.
   Sec. 7.  Section 91A.9, subsection 3, Code 2015, is amended to read as follows:
   3.  The commissioner may employ such qualified personnel as are necessary for the enforcement of this chapter. Such personnel shall be employed pursuant to chapter 8A, subchapter IV.  The commissioner shall employ wage investigators for the enforcement of this chapter.
   Sec. 8.  Section 91A.9, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  The commissioner shall establish a statewide, toll-free telephone hotline for the purpose of receiving reports of violations of this chapter.
   Sec. 9.  Section 91A.10, subsection 5, Code 2015, is amended to read as follows:
   5.  An employer shall not discharge or in any other manner discriminate against any employee because the employee has filed a complaint, assigned a claim, or brought an action under this section or has cooperated in bringing any action against an employer.
   5.  a.  An employer or other person shall not discharge or in any other manner discriminate or retaliate against any of the following:
   (1)  An employee or other person for exercising any right provided under this chapter or any rules adopted pursuant to this chapter.
   (2)  Another employee or person for providing assistance to an employee or providing information regarding the employee or person.
   (3)  Another employee or person for testifying or planning to testify in any investigation or proceeding regarding the employee or person.
   b.  Any employee may file a complaint with the commissioner alleging discharge, or discrimination, or retaliation within thirty days after such violation occurs. Upon receipt of the complaint, the commissioner shall cause an investigation to be made to the extent deemed appropriate. If the commissioner determines from the investigation that the provisions of this subsection have been violated, the commissioner shall bring an action in the appropriate district court against such person. The district court shall have jurisdiction, for cause shown, to restrain violations of this subsection and order all appropriate relief including rehiring or reinstatement of the employee to the former position with back pay.
   Sec. 10.  Section 91A.10, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  A civil action to enforce subsection 5 may also be maintained in any court of competent jurisdiction by the commissioner or by any party injured by a violation of subsection 5. An employer or other person who retaliates against an employee or other person in violation of subsection 5 shall be required to pay the employee or other person an amount set by the commissioner or a court sufficient to compensate the employee or other person and to deter future violations, but not less than one hundred fifty dollars for each day that the violation occurred.
   Sec. 11.  NEW SECTION.  91A.12A  Erroneous violations.

   If an employer erroneously violates the provisions of this chapter or the rules adopted pursuant to this chapter, the employer shall not be subject to liability to an employee pursuant to section 91A.8, the violation shall not constitute an enforceable claim as provided in section 91A.10, and the employer shall not be subject to a civil money penalty pursuant to section 91A.12, if all of the following conditions are met:

   1.  The commissioner determines that the violation was erroneous and that the employer attempted in good faith to comply with the provisions of this chapter and the rules adopted pursuant to this chapter.
   2.  The commissioner, after considering any history of violations of this chapter or the rules adopted pursuant to this chapter by the employer, determines that the violation was isolated in nature.
   3.  The employer corrects the violation to the satisfaction of the labor commissioner within fourteen days of the occurrence of the violation.
   Sec. 12.  NEW SECTION.  91A.15  Commissions earned date.

   An employer shall not require that a person be a current employee to be paid a commission that the person otherwise earned.
   Sec. 13.  NEW SECTION.  91A.16  Inconsistency with federal law.

   A provision of this chapter shall not apply to any employer or employee if such provision would conflict with federal law or regulation.
   Sec. 14.  NOTIFICATION REQUIREMENTS.  The labor commissioner shall provide for the notification of each employer in this state of the requirements for employers provided in this Act by September 1, 2015. Such notification shall include suggested forms and procedures that employers may use for purposes of compliance with the notice and recordkeeping requirements of section 91A.6, as amended by this Act.
   Sec. 15.  EFFECTIVE DATE.  This Act takes effect January 1, 2016.>
   2.  Title page, by striking line 1 and inserting <An Act relating to wage payment collection issues arising between employers and individuals who provide services to employers, providing penalties and remedies, and including effective date provisions.>

______________________________
COMMITTEE ON LABOR AND BUSINESS RELATIONS

TONY BISIGNANO, CHAIRPERSON