House File 754 H-1146 Amend House File 754 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 91A.5, subsection 1, unnumbered 4 paragraph 1, Code 2021, is amended to read as follows: 5 An employer shall have the burden to establish that a 6 deduction from employee wages is lawful. An employer shall not 7 withhold or divert any portion of an employee’s wages unless: 8 Sec. 2. Section 91A.5, subsection 1, paragraph b, Code 2021, 9 is amended to read as follows: 10 b. The employer has obtains advance written authorization 11 from the employee to so deduct for any lawful purpose accruing 12 to the benefit of the employee. 13 Sec. 3. Section 91A.6, subsection 1, Code 2021, is amended 14 to read as follows: 15 1. An employer shall after being notified by the 16 commissioner pursuant to subsection 2 do the following : 17 a. Notify its employees in writing at the time of hiring 18 what wages and regular paydays are designated by the employer. 19 b. Notify its employees in writing whose wages are 20 determined based on a task, piece, mile, or load basis about 21 the method used to calculate wages and when the wages are 22 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 in 25 the arrangements specified in this subsection 1 that reduce 26 wages or alter the regular paydays. The notice shall either 27 be in writing or posted at a place where employee notices are 28 routinely posted. 29 c. d. Make available to its employees upon written request, 30 a written statement enumerating employment agreements and 31 policies with regard to vacation pay, sick leave, reimbursement 32 for expenses, retirement benefits, severance pay, or other 33 comparable matters with respect to wages. Notice of such 34 availability shall be given to each employee in writing or by a 35 -1- HF754.1110 (2) 89 je/rn 1/ 5 #1.

notice posted at a place where employee notices are routinely 1 posted. 2 d. e. Establish, maintain, and preserve for three 3 calendar years the payroll records showing the hours worked, 4 wages earned, and deductions made for each employee and 5 any employment agreements entered into between an employer 6 and employee. Failure to do so shall raise a rebuttable 7 presumption that the employer did not pay the required minimum 8 wage under section 91D.1. 9 Sec. 4. Section 91A.6, subsection 2, Code 2021, is amended 10 by striking the subsection. 11 Sec. 5. Section 91A.6, subsection 4, Code 2021, is amended 12 by striking the subsection and inserting in lieu thereof the 13 following: 14 4. a. On each regular payday, the employer shall provide 15 to each employee a statement showing the wages earned by 16 the employee, the deductions made for the employee, and the 17 following information, as applicable: 18 (1) For each employee paid in whole or in part on an hourly 19 basis, the statement shall show the hours the employee worked. 20 (2) For each employee paid based on a percentage of sales or 21 based on a percentage of revenue generated for the employer, 22 the statement shall include a list of the amount of each sale 23 or the amount of revenue during the pay period. 24 (3) For each employee whose pay is based on the number 25 of miles or loads performed, the statement shall include the 26 applicable number performed during the pay period. 27 b. The employer shall provide the statement using one of the 28 following methods: 29 (1) Sending the statement to an employee by mail. 30 (2) Providing the statement to an employee by secure 31 electronic transmission or by other secure electronic means. 32 If an employee is unable to receive the statement by this 33 method, the employee shall notify the employer in writing at 34 least one pay period in advance, and the employer shall provide 35 -2- HF754.1110 (2) 89 je/rn 2/ 5

the statement by one of the other methods listed in this 1 paragraph “b” . 2 (3) Providing the statement to the employee at the 3 employee’s normal place of employment during normal employment 4 hours. 5 (4) Providing each employee access to view a statement 6 of the employee’s earnings electronically and providing the 7 employee free and unrestricted access to a printer to print the 8 statement. 9 Sec. 6. Section 91A.8, Code 2021, is amended to read as 10 follows: 11 91A.8 Damages recoverable by an employee. 12 When it has been shown that an employer has intentionally 13 failed to pay an employee wages or reimburse expenses pursuant 14 to section 91A.3 , whether as the result of a wage dispute or 15 otherwise, the employer shall be liable to the employee for 16 any the unpaid wages or unreimbursed expenses that are so 17 intentionally failed to be paid or reimbursed , plus liquidated 18 damages, court costs , and any attorney’s attorney fees incurred 19 in recovering the unpaid wages or unreimbursed expenses 20 and determined to have been usual and necessary. In other 21 instances the employer shall be liable only for unpaid wages or 22 expenses, court costs and usual and necessary attorney’s fees 23 incurred in recovering the unpaid wages or expenses. 24 Sec. 7. Section 91A.10, subsection 5, Code 2021, is amended 25 to read as follows: 26 5. An employer shall not discharge or in any other manner 27 discriminate against any employee because the employee has 28 filed a complaint, assigned a claim, or brought an action under 29 this section or has cooperated in bringing any action against 30 an employer. 31 a. An employer or other person shall not discharge or in 32 any other manner discriminate or retaliate against any of the 33 following: 34 (1) An employee or other person for exercising any right 35 -3- HF754.1110 (2) 89 je/rn 3/ 5

provided under this chapter or any rules adopted pursuant to 1 this chapter. 2 (2) Another employee or person for providing assistance to 3 an employee or providing information regarding the employee or 4 person. 5 (3) Another employee or person for testifying or planning 6 to testify in any investigation or proceeding regarding the 7 employee or person. 8 b. Taking adverse action against an employee or other person 9 within ninety days of an employee’s or other person’s engaging 10 in any of the activities in paragraph “a” raises a presumption 11 that such action was retaliation, which may be rebutted by 12 evidence that such action was taken for other permissible 13 reasons. 14 c. Any employee may file a complaint with the commissioner 15 alleging discharge , or discrimination , or retaliation within 16 thirty days after such violation occurs. Upon receipt of the 17 complaint, the commissioner shall cause an investigation to be 18 made to the extent deemed appropriate. If the commissioner 19 determines from the investigation that the provisions of this 20 subsection have been violated, the commissioner shall bring 21 an action in the appropriate district court against such 22 person. The district court shall have jurisdiction, for cause 23 shown, to restrain violations of this subsection and order all 24 appropriate relief including rehiring or reinstatement of the 25 employee to the former position with back pay. 26 Sec. 8. Section 91A.10, Code 2021, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 6. A civil action to enforce subsection 5 29 may also be maintained in any court of competent jurisdiction 30 by the commissioner or by any party injured by a violation 31 of subsection 5. An employer or other person who retaliates 32 against an employee or other person in violation of subsection 33 5 shall be required to pay the employee or other person 34 an amount set by the commissioner or a court sufficient to 35 -4- HF754.1110 (2) 89 je/rn 4/ 5

compensate the employee or other person and to deter future 1 violations, but not less than one hundred fifty dollars for 2 each day that the violation occurred. 3 Sec. 9. NEW SECTION . 91A.16 Commissions earned date. 4 An employer shall not require that a person be a current 5 employee to be paid a commission that the person otherwise 6 earned. 7 Sec. 10. EFFECTIVE DATE. This Act takes effect January 1, 8 2022. > 9 2. Title page, by striking lines 1 and 2 and inserting < An 10 Act concerning wage payment collection issues arising between 11 employers and employees, providing penalties and remedies, and 12 including effective date provisions. > 13 ______________________________ HUNTER of Polk -5- HF754.1110 (2) 89 je/rn 5/ 5 #2.