Senate File 2222 - Enrolled PAG LIN 1 1 SENATE FILE 2222 1 2 1 3 AN ACT 1 4 RELATING TO PAYMENT OF WAGES. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 91A.3, subsection 3, paragraph a, 1 9 unnumbered paragraph 1, Code Supplement 2007, is amended to 1 10 read as follows: 1 11 The wages paid under subsection 1 shall besent to the 1 12 employee by mail or bepaid at the employee's normal place of 1 13 employment during normal employment hours or at a place and 1 14 hour mutually agreed upon by the employer and employee, or the 1 15 employee may elect to have the wages sent for direct deposit, 1 16 on or by the regular payday of the employee, into a financial 1 17 institution designated by the employee. Upon written request 1 18 by the employee, wages due may be sent to the employee by 1 19 mail. The employer shall maintain a copy of the request for 1 20 as long as it is effective and for at least two years 1 21 thereafter. An employee hired on or after July 1, 2005, may 1 22 be required, as a condition of employment, to participate in 1 23 direct deposit of the employee's wages in a financial 1 24 institution of the employee's choice unless any of the 1 25 following conditions exist: 1 26 Sec. 2. Section 91A.3, subsection 3, paragraph b, Code 1 27 Supplement 2007, is amended to read as follows: 1 28 b. If the employer fails tosendpay an employee's wages 1 29for direct depositon or by the regular payday in accordance 1 30 with this subsection, the employer is liable for the amount of 1 31 any overdraft charge if the overdraft is created on the 1 32 employee's account because of the employer's failure tosend1 33 pay the wages on or by the regular payday. The overdraft 1 34 charges may be the basis for a claim under section 91A.10 and 1 35 for damages under section 91A.8. 2 1 2 2 2 3 2 4 JOHN P. KIBBIE 2 5 President of the Senate 2 6 2 7 2 8 2 9 PATRICK J. MURPHY 2 10 Speaker of the House 2 11 2 12 I hereby certify that this bill originated in the Senate and 2 13 is known as Senate File 2222, Eighty=second General Assembly. 2 14 2 15 2 16 2 17 MICHAEL E. MARSHALL 2 18 Secretary of the Senate 2 19 Approved , 2008 2 20 2 21 2 22 2 23 CHESTER J. CULVER 2 24 Governor