House File 683 - Introduced
HOUSE FILE
BY COMMITTEE ON LABOR
(SUCCESSOR TO HF 10)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to employees with medical and dependent child
2 nutrition needs and providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1184HV 83
5 ak/nh/14
PAG LIN
1 1 Section 1. Section 84A.5, subsection 4, Code 2009, is
1 2 amended to read as follows:
1 3 4. The division of labor services is responsible for the
1 4 administration of the laws of this state under chapters 88,
1 5 88A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 91F, 92,
1 6 and 94A, and section 85.68. The executive head of the
1 7 division is the labor commissioner, appointed pursuant to
1 8 section 91.2.
1 9 Sec. 2. NEW SECTION. 91F.1 MEDICAL AND DEPENDENT CHILD
1 10 NUTRITION NEEDS == PRIVACY REQUIREMENTS.
1 11 1. Definitions:
1 12 a. "Employee" means a natural person who is employed in
1 13 this state for wages by an employer.
1 14 b. "Employer" means a person, as defined in section 4.1,
1 15 who in this state employs for wages a natural person. An
1 16 employer does not include a client, patient, customer, or
1 17 other person who obtains professional services from a licensed
1 18 person who provides the services on a fee service basis or as
1 19 an independent contractor.
1 20 2. An employer shall provide reasonable unpaid break time
1 21 each day to an employee for any of the following:
1 22 a. To take medications prescribed by a doctor that are to
1 23 be self=medicated if self=medicating in public would make the
1 24 employee uncomfortable or if the employer believes that the
1 25 employee's self=medicating act would disrupt other employees
1 26 or services provided to customers, and thus the employee
1 27 requires privacy while self=medicating.
1 28 b. To express breast milk or breast=feed a child. The
1 29 break time provided need not include transportation of the
1 30 milk to the employee's home or other locations.
1 31 3. The break period described in subsection 2 shall, if
1 32 possible, be scheduled concurrently with any break time
1 33 already provided to the employee. The employer shall make
1 34 reasonable efforts to provide a room or other location, other
1 35 than a toilet stall, in close proximity to the work area where
2 1 the employee can take the necessary actions described under
2 2 subsection 2. If an employee is working off=site or away from
2 3 the company's headquarters or branch office, the employee's
2 4 personal or company vehicle shall suffice for reasonable
2 5 accommodation.
2 6 Sec. 3. NEW SECTION. 91F.2 CIVIL PENALTIES.
2 7 1. An employer who violates the provisions of this chapter
2 8 or the rules adopted pursuant to this chapter is subject to a
2 9 civil money penalty of not more than one hundred dollars for
2 10 each violation. The commissioner may recover the civil
2 11 penalty according to subsections 2 through 5. Any civil
2 12 penalty recovered shall be deposited in the general fund of
2 13 the state.
2 14 2. The commissioner may propose that an employer be
2 15 assessed a civil penalty by serving the employer with notice
2 16 of such proposal in the same manner as an original notice is
2 17 served under the rules of civil procedure. Upon service of
2 18 such notice, the proposed assessment shall be treated as a
2 19 contested case under chapter 17A. However, an employer must
2 20 request a hearing within thirty days of being served.
2 21 3. If an employer does not request a hearing pursuant to
2 22 subsection 2 or if the commissioner determines, after an
2 23 appropriate hearing, that an employer is in violation of this
2 24 chapter or the rules adopted pursuant to this chapter, the
2 25 commissioner shall assess a civil penalty which is consistent
2 26 with the provisions of subsection 1 and which is rendered with
2 27 due consideration for the penalty amount in terms of the size
2 28 of the employer's business, the gravity of the violation, the
2 29 good faith of the employer, and the history of previous
2 30 violations.
2 31 4. An employer may seek judicial review of any assessment
2 32 rendered under subsection 3 by instituting proceedings for
2 33 judicial review pursuant to chapter 17A. However, such
2 34 proceedings must be instituted in the district court of the
2 35 county in which the violation or one of the violations
3 1 occurred and within thirty days of the day on which the
3 2 employer was notified that an assessment has been rendered.
3 3 Also, an employer may be required, at the discretion of the
3 4 district court and upon instituting such proceedings, to
3 5 deposit the amount assessed with the clerk of the district
3 6 court. Any moneys so deposited shall either be returned to
3 7 the employer or be forwarded to the commissioner for deposit
3 8 in the general fund of the state, depending on the outcome of
3 9 the judicial review, including any appeal to the supreme
3 10 court.
3 11 5. After the time for seeking judicial review has expired
3 12 or after all judicial review has been exhausted and the
3 13 commissioner's assessment has been upheld, the commissioner
3 14 shall request the attorney general to recover the assessed
3 15 penalties in a civil action.
3 16 Sec. 4. NEW SECTION. 91F.3 DUTIES AND AUTHORITY OF
3 17 COMMISSIONER.
3 18 1. The labor commissioner shall adopt rules to administer
3 19 and enforce this chapter and shall provide further exemptions
3 20 from the provisions in this chapter when reasonable.
3 21 2. In order to carry out the purposes of this chapter, the
3 22 labor commissioner or the commissioner's designee, upon
3 23 presenting appropriate credentials to the employer or agent of
3 24 the employer, may do any of the following:
3 25 a. Inspect employment records relating to medical and
3 26 dependent child nutrition privacy periods for employees.
3 27 b. Interview an employer or an agent of the employer or
3 28 employee, during working hours or at other reasonable times.
3 29 EXPLANATION
3 30 This bill requires employers to provide unpaid break time
3 31 and reasonable space to employees who need to self=administer
3 32 prescription medications and to employees who need to express
3 33 breast milk or breast=feed a child.
3 34 The bill gives the administration and enforcement of new
3 35 Code chapter 91F to the division of labor services of the
4 1 department of workforce development. The terms "employee" and
4 2 "employer" are defined in the bill.
4 3 The bill requires that an employer provide reasonable
4 4 unpaid break time to an employee who self=administers
4 5 prescribed medications and by doing so in public the employee
4 6 is made uncomfortable, disrupts other employees, or disrupts
4 7 services to customers. Reasonable unpaid break time must also
4 8 be provided to an employee who needs to express breast milk or
4 9 needs to breast=feed a child. If possible the break time
4 10 should be scheduled concurrently with any break time the
4 11 employee already receives.
4 12 Additionally, the bill requires that the employer make a
4 13 reasonable effort to provide the employee a room or other
4 14 location, other than a toilet stall, to administer the
4 15 medication or express breast milk or breast=feed a child.
4 16 The bill provides a civil penalty of not more than $100 per
4 17 violation for an employer who does not comply. Any civil
4 18 penalty recovered must be deposited into the general fund of
4 19 the state. The bill provides the commissioner and the
4 20 employer with a review and hearing process in accordance with
4 21 Code chapter 17A.
4 22 The bill authorizes the commissioner to adopt rules to
4 23 administer and enforce new Code chapter 91F. The commissioner
4 24 or the commissioner's designee may inspect employment records
4 25 relating to medical and dependent child nutrition privacy
4 26 periods for employees and interview an employer or employer's
4 27 agent or employee during working hours.
4 28 LSB 1184HV 83
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