House File 754 H-1201 Amend House File 754 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 94A.3A Employee notice. 4 1. An employment agency shall provide to each employee 5 referred for employment notice of the following: 6 a. The name, address, electronic mail address, and telephone 7 number of the following: 8 (1) The employment agency, or the contact information of the 9 employee of the employment agency facilitating the placement. 10 (2) The employment agency’s workers’ compensation carrier. 11 (3) The employer. 12 (4) The commissioner. 13 b. A description of the position and whether it will require 14 any special clothing, equipment, training, or licenses, and 15 any costs that will be charged to the employee for supplies or 16 training. 17 c. The designated payday, the hourly rate of pay, and 18 whether overtime may occur and be paid. 19 d. The daily starting time and anticipated end time and, if 20 known, the expected duration of employment. 21 e. Whether any meals will be provided by the employment 22 agency or employer and the charge for such meals, if any, to 23 the employee. 24 f. Details of the means of transportation to the work 25 site and any fees that will be charged to the employee by the 26 employment agency or employer for any transportation services. 27 2. An employment agency shall confirm the information in 28 the notice required by subsection 1 in writing and send a 29 copy thereof to the employee, by a method designated by the 30 employee, before the end of the employee’s first pay period. 31 However, an employment agency shall send any change in the 32 initial terms of employment to the employee immediately. 33 3. The employment agency shall post in a conspicuous place 34 in each of the locations where it does business a notice 35 -1- HF754.1339 (1) 89 je/rn 1/ 4 #1.

of the requirements of this section and the name, internet 1 site address, and telephone number of the commissioner. The 2 commissioner shall prepare and publish on the commissioner’s 3 internet site a sample notice for use by employers that meets 4 the requirements of this section and, upon request, shall 5 facilitate the translation of the notice into a language other 6 than English. 7 4. This section shall not be construed to prohibit an 8 employment agency from directing an employee to employment by 9 telephone. However, the employment agency shall provide the 10 information required by subsection 1 by telephone at the same 11 time. 12 5. This section does not apply to a professional employee, 13 as defined in 29 U.S.C. §152, or to an employee who is a 14 secretary or administrative assistant whose main or primary 15 duties are described by the United States department of labor, 16 bureau of labor statistics, as involving one or more of the 17 following: 18 a. Drafting or revising correspondence. 19 b. Scheduling appointments. 20 c. Creating, organizing, and maintaining paper and 21 electronic files. 22 d. Providing information to callers or visitors. 23 Sec. 2. NEW SECTION . 94A.3B Transportation services. 24 If an employment agency or employer or a person acting 25 directly or indirectly in the interest of either offers 26 transportation services to or from a designated work site 27 to an employee and charges a fee for such services, the 28 employment agency or employer shall charge such employee not 29 more than the actual cost to transport such employee to or 30 from the designated work site. Such fee shall not exceed 31 three percent of such employee’s total daily wages and shall 32 not reduce the employee’s total daily wages below the minimum 33 wage earned for the day. If an employment agency or employer 34 or a person acting directly or indirectly in the interest 35 -2- HF754.1339 (1) 89 je/rn 2/ 4

of either requires the use of transportation services by an 1 employee, a fee shall not be charged to the employee for 2 transportation services. If an employment agency or employer 3 provides transportation services to a designated work site 4 to an employee on a day when employment is not available, 5 the employment agency or employer shall fully refund any fee 6 charged to the employee for the transportation services. 7 Sec. 3. Section 94A.4, subsection 4, Code 2021, is amended 8 by adding the following new paragraphs: 9 NEW PARAGRAPH . g. Refer an employee for employment by force 10 or fraud, for illegal purposes, or where the employment is in 11 violation of state or federal law. 12 NEW PARAGRAPH . h. Refer an employee for employment at any 13 location that is on strike or lockout without first notifying 14 the employee of such fact. 15 Sec. 4. Section 94A.4, Code 2021, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 5. An employment agency or employer shall 18 not charge or accept a fee from an employee for the following: 19 a. Any good or service unless under the terms of a written 20 contract with the employee, which clearly states in a language 21 the employee can understand that the purchase is voluntary and 22 which provides that the employment agency or employer will not 23 gain a profit from any cost or fee charged to the employee. 24 b. The provision of a bank card, debit card, payroll card, 25 voucher, draft, money order, or similar form of payment or 26 wages that exceeds the actual cost per employee. 27 c. Any drug test. 28 d. Any criminal history background check. 29 e. Transportation, except as provided in section 94A.3B. 30 f. Any good or service the payment for which would cause the 31 employee to earn less than the applicable minimum wage. 32 NEW SUBSECTION . 6. An employment agency or employer or 33 a person acting directly or indirectly in the interest of 34 either shall not deduct any costs or fees from the wages of 35 -3- HF754.1339 (1) 89 je/rn 3/ 4

an employee without the express written authorization of the 1 employee. An employment agency or employer shall furnish to 2 the employee a copy of the signed authorization in a language 3 the employee can understand. 4 NEW SUBSECTION . 7. An employment agency or employer shall 5 not refuse to return on demand any personal property belonging 6 to an employee or any fee or cost that is charged to the 7 employee or accepted by the employment agency or employer in 8 excess of the amounts allowable under this chapter. > 9 2. Title page, by striking lines 1 and 2 and inserting 10 < An Act relating to the regulation of employment agencies and 11 employers and making penalties applicable. > 12 ______________________________ HUNTER of Polk -4- HF754.1339 (1) 89 je/rn 4/ 4 #2.