House File 793 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON LABOR

                                       (SUCCESSOR TO HSB 248)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act prohibiting employers from infringing on employees'
  2    political activities after work hours and if not using company
  3    resources.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2446HV 83
  6 ak/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  730.6  EMPLOYEE POLITICAL
  1  2 EXPRESSION RIGHTS.
  1  3    1.  An employer shall not discharge, discipline, sanction,
  1  4 or otherwise penalize, or threaten to discharge, discipline,
  1  5 sanction, or otherwise penalize an employee because the
  1  6 employee participates in political activity or political
  1  7 expression if the political activity or political expression
  1  8 takes place outside of work hours, off of the employer's
  1  9 property, and does not involve the use of the employer's
  1 10 property, or for political signage on an employee's personal
  1 11 vehicle.
  1 12    2.  Subsection 1 does not apply to any provision of law or
  1 13 an employment policy that prohibits employees from
  1 14 participating in political activity or political expression,
  1 15 including political signage on a personal vehicle, due to the
  1 16 nature or scope of their employment.
  1 17    3.  An employee alleging to be aggrieved by a violation of
  1 18 this section may file a civil action within ninety days after
  1 19 the date of the alleged violation in a court of competent
  1 20 jurisdiction in the county where the violation is alleged to
  1 21 have occurred or where the employer has its principal office.
  1 22 The court may award a prevailing employee all appropriate
  1 23 relief, including reinstatement, back pay, and reestablishment
  1 24 of any employee benefits to which the employee would otherwise
  1 25 have been eligible if such violation had not occurred.  The
  1 26 court shall award a prevailing employee treble damages in an
  1 27 amount up to three times the amount of all other damages
  1 28 awarded, reasonable attorney fees, and costs.
  1 29    4.  This section shall not be construed to limit an
  1 30 employee's right to bring any other action allowed by law
  1 31 against an employer for wrongful termination or to diminish or
  1 32 impair the rights of a person under a collective bargaining
  1 33 agreement.
  1 34                           EXPLANATION
  1 35    This bill prohibits employers from discharging,
  2  1 disciplining, sanctioning, or otherwise penalizing or
  2  2 threatening to do any of these acts because an employee
  2  3 participates in political activity or political expression if
  2  4 the political activity or political expression takes place
  2  5 outside of work hours, off of the employer's property, and
  2  6 does not involve the use of the employer's property, or for
  2  7 political signage on an employee's personal vehicle.  The bill
  2  8 does not apply to any provision of law or employment policy
  2  9 that prohibits employees from participating in political
  2 10 activity or political expression, including political signage
  2 11 on a personal vehicle, due to the nature or scope of their
  2 12 employment.
  2 13    An employee who has been aggrieved by a violation by an
  2 14 employer may file a civil action against the employer for back
  2 15 pay, reinstatement, reestablishment of benefits, treble
  2 16 damages up to three times the amount of all other damages
  2 17 awarded, attorney fees, and costs.
  2 18 LSB 2446HV 83
  2 19 ak/nh/5