Senate File 309
SENATE FILE
BY KREIMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to non=English=speaking employees and their
2 rights and remedies and creating the position of meatpacking
3 worker rights coordinator.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2119SS 80
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PAG LIN
1 1 Section 1. This Act shall be known and may be cited as the
1 2 "Non=English=Speaking Workers Protection Act".
1 3 Sec. 2. Section 91E.1, Code 2003, is amended to read as
1 4 follows:
1 5 91E.1 DEFINITIONS.
1 6 As used in this chapter:
1 7 1. "Actively recruit" means any affirmative act, as
1 8 defined by the division, done by or on behalf of an employer
1 9 for the purpose of recruitment or hiring of non=English=
1 10 speaking employees who reside more than five hundred miles
1 11 from the place of employment.
1 12 1. 2. "Commissioner" means the commissioner of the
1 13 division of labor services of the department of workforce
1 14 development.
1 15 3. "Coordinator" means the meatpacking industry worker
1 16 rights coordinator appointed pursuant to section 91E.7.
1 17 4. "Division" means the division of labor services of the
1 18 department of workforce development.
1 19 5. "Employ" means to permit to work.
1 20 2. 6. "Employee" means a natural person who is employed in
1 21 this state for wages paid on an hourly basis by an employer.
1 22 An employee but does not include a any of the following:
1 23 a. A person engaged in agriculture as defined in section
1 24 91A.2 or a person engaged in agriculture on a seasonal basis.
1 25 However, this exemption shall not apply to except farm owners
1 26 who hire workers to work on cropland other than their own.
1 27 b. A person employed as a child care provider in or for a
1 28 private home.
1 29 3. 7. "Employer" means a person, as defined in chapter 4,
1 30 partnership, limited liability company, association,
1 31 corporation, business trust, legal representative, or
1 32 organized group of persons, who in this state employs for
1 33 wages, paid on an hourly basis, one hundred or more natural
1 34 persons. An employer employees at any one time, except for
1 35 seasonal employment of not more than twenty weeks in any
2 1 calendar year, but does not include a any of the following:
2 2 a. A client, patient, customer, or other person who
2 3 obtains professional services from a licensed person who
2 4 provides the services on a fee service basis or as an
2 5 independent contractor, or.
2 6 b. The United States, the state, or an agency or
2 7 governmental subdivision of the United States or the state.
2 8 8. "Farm owner" does not include a person who uses
2 9 cropland for research or experimental purposes, or for
2 10 testing, developing, or producing seeds or plants for sale or
2 11 resale.
2 12 9. "Meatpacking operation" means a business in which
2 13 slaughtering, butchering, meat canning, meat packing, meat
2 14 manufacturing, poultry canning, poultry packing, poultry
2 15 manufacturing, pet food manufacturing, processing of
2 16 meatpacking products, or rendering is carried on.
2 17 10. "Meatpacking products" includes livestock products and
2 18 poultry products as defined in section 189A.2.
2 19 4. 11. "Non=English speaking Non=English=speaking
2 20 employee" means an employee who does not speak, read, write,
2 21 or understand English to the degree necessary for
2 22 comprehension of the terms, conditions, and daily
2 23 responsibilities of employment.
2 24 5. "Farm owner" does not include a person who uses
2 25 cropland for research or experimental purposes, testing,
2 26 developing, or producing seeds or plants for sale or resale.
2 27 Sec. 3. Section 91E.3, Code 2003, is amended to read as
2 28 follows:
2 29 91E.3 EMPLOYER RECRUITING PRACTICES.
2 30 1. An employer or a representative of an employer who
2 31 actively recruits non=English speaking non=English=speaking
2 32 residents of other states more than five hundred miles from
2 33 the place of employment, persons for employment as employees
2 34 for wages paid on an hourly basis in this state, must have on
2 35 file, a copy of which must be provided to the employee, a
3 1 written statement signed by the employer and the employee
3 2 which provides relevant information regarding the position of
3 3 employment, including but not limited to the following
3 4 information:
3 5 a. The minimum number of hours the employee can expect to
3 6 work on a weekly basis.
3 7 b. The hourly wages of the position of employment
3 8 including the starting hourly wage.
3 9 c. A description of the responsibilities and tasks of the
3 10 position of employment.
3 11 d. A description of the transportation and housing to be
3 12 provided, if any, including any costs to be charged for
3 13 housing or transportation, the length of time such housing is
3 14 to be provided, and whether or not such housing is in
3 15 compliance with all applicable state and local housing
3 16 standards.
3 17 d. e. The health risks, known to the employer, to the
3 18 employee involved in the position of employment.
3 19 e. f. That possession of forged documentation authorizing
3 20 the person to stay or be employed in the United States is a
3 21 class "D" felony under section 715A.2.
3 22 2. If an employee who resigns from employment with an
3 23 employer within four weeks of the employee's initial date of
3 24 employment requests, within three business days of
3 25 termination, transportation to return to the location from
3 26 which the employee was recruited and the location from which
3 27 the employee was recruited is five hundred or more miles from
3 28 the place of employment, the employer shall provide the
3 29 employee with transportation at no cost to the employee.
3 30 3. It is a violation of this section if an employer or
3 31 representative knowingly and willfully provides false or
3 32 misleading information on the statement or regarding the
3 33 contents of the statement.
3 34 Sec. 4. Section 91E.4, subsection 3, Code 2003, is amended
3 35 to read as follows:
4 1 3. Any person aggrieved as a result of a violation of
4 2 section 91E.2 or 91E.3 or the rules adopted pursuant to those
4 3 sections may file suit in any district court of this state for
4 4 actual damages and injunctive relief. An employer who,
4 5 through repeated violation of section 91E.3, demonstrates a
4 6 pattern of abusive recruitment practices may be ordered to pay
4 7 punitive damages.
4 8 Sec. 5. Section 91E.5, Code 2003, is amended to read as
4 9 follows:
4 10 91E.5 DUTIES AND AUTHORITY OF THE COMMISSIONER.
4 11 1. The commissioner shall adopt rules regarding the
4 12 keeping of confidential records and trade secrets obtained
4 13 pursuant to this chapter and to implement and enforce this
4 14 chapter and shall provide further exemptions from the
4 15 provisions of this chapter where reasonable.
4 16 2. In order to carry out the purposes of this chapter, the
4 17 commissioner, or the commissioner's representative, or the
4 18 coordinator, upon presenting appropriate credentials to the
4 19 owner, operator, or agent in charge, may:
4 20 a. Inspect employment records relating to the total number
4 21 of employees and non=English speaking non=English=speaking
4 22 employees, and the services provided to non=English speaking
4 23 non=English=speaking employees.
4 24 b. Interview an employer, owner, operator, agent, or
4 25 employee, during working hours or at other reasonable times.
4 26 Sec. 6. NEW SECTION. 91E.7 DUTIES AND AUTHORITY OF
4 27 COORDINATOR == BILL OF RIGHTS.
4 28 1. The position of meatpacking industry worker rights
4 29 coordinator is established within the division and under the
4 30 direction and control of the commissioner. The coordinator
4 31 shall be appointed by the governor and serve at the pleasure
4 32 of the governor. Preference shall be given to applicants for
4 33 the coordinator position who are fluent in the Spanish
4 34 language.
4 35 2. The duties of the coordinator shall be to inspect and
5 1 review the practices and procedures of meatpacking operations
5 2 in this state as they relate to the provision of the Iowa
5 3 meatpacking industry worker bill of rights, which rights are
5 4 outlined as follows:
5 5 a. The right to organize.
5 6 b. The right to a safe workplace.
5 7 c. The right to adequate facilities and the opportunity to
5 8 use them.
5 9 d. The right to complete information.
5 10 e. The right to understand the information provided.
5 11 f. The right to existing state and federal benefits and
5 12 rights.
5 13 g. The right to be free from discrimination.
5 14 h. The right to continuing training, including training of
5 15 supervisors.
5 16 i. The right to compensation for work performed.
5 17 j. The right to seek state help.
5 18 3. The coordinator and the coordinator's designated
5 19 representatives shall have access to all meatpacking
5 20 operations in this state at any time meatpacking products are
5 21 being processed and industry workers are on the job.
5 22 4. The coordinator may issue a subpoena to compel any
5 23 person to appear, give sworn testimony, or produce documentary
5 24 or other evidence relevant to the duties of the coordinator
5 25 authorized under this section. If any person subpoenaed
5 26 refuses to produce the records, books, or papers, the
5 27 coordinator may apply to the district court having
5 28 jurisdiction over that person for the enforcement of the
5 29 subpoena.
5 30 5. The coordinator may receive complaints and make
5 31 referrals to appropriate government agencies as necessary to
5 32 enforce the provisions of this section.
5 33 6. The commissioner shall provide necessary office space,
5 34 furniture, equipment, and supplies as well as necessary
5 35 assistance for the coordinator.
6 1 7. The coordinator shall, on or before December 1 of each
6 2 year, submit a report to the members of the general assembly
6 3 and the governor regarding any actions the coordinator deems
6 4 necessary or appropriate to provide for the fair treatment of
6 5 workers in the meatpacking industry.
6 6 EXPLANATION
6 7 This bill creates a position of meatpacking industry worker
6 8 rights coordinator within the division of labor services of
6 9 the department of workforce development to be appointed by the
6 10 governor and who shall grant preference to Spanish=speaking
6 11 applicants. The bill grants to the coordinator the right to
6 12 inspect and review the practices and procedures of meatpacking
6 13 operations to ensure specific rights of meatpacking workers as
6 14 enumerated in the bill. The coordinator is granted access to
6 15 all meatpacking operations in Iowa, may issue subpoenas,
6 16 compel testimony or documentary evidence, and enforce the
6 17 subpoenas in district court. The coordinator may receive
6 18 complaints, make referrals to government agencies, and must
6 19 make an annual report to the legislature and governor. Office
6 20 space, equipment, and general direction and control shall be
6 21 provided by the labor commissioner although the coordinator
6 22 serves at the pleasure of the governor.
6 23 The bill adopts additional definitions of terms used within
6 24 the chapter, excludes child care providers in private homes
6 25 from the definition of employee, excludes the United States
6 26 and its governmental subdivisions from the definition of
6 27 employer, and requires employers who actively recruit non=
6 28 English=speaking employees to additionally describe in writing
6 29 any transportation and housing being provided as part of the
6 30 employment agreement. The bill provides that any person may
6 31 bring a civil suit for actual damages and an injunction
6 32 against an employer for failing to provide an interpreter
6 33 where required by the chapter and for knowingly or willfully
6 34 providing a false statement as required under the chapter.
6 35 The bill requires the labor commissioner to adopt rules
7 1 regarding the keeping of any confidential records and trade
7 2 secrets obtained while enforcing the Code chapter.
7 3 LSB 2119SS 80
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