Senate
Study
Bill
1004
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
ATTORNEY
GENERAL
BILL)
A
BILL
FOR
An
Act
permitting
the
voluntary
receipt
by
employees
of
payment
1
of
wages
by
debit
card
or
pay
card
and
making
penalties
and
2
remedies
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
91A.3,
subsection
3,
Code
2015,
is
1
amended
to
read
as
follows:
2
3.
a.
The
wages
paid
under
subsection
1
shall
be
paid
using
3
a
method
authorized
by
this
section.
4
b.
Wages
due
may
be
paid
at
the
employee’s
normal
place
of
5
employment
during
normal
employment
hours
or
at
a
place
and
6
hour
mutually
agreed
upon
by
the
employer
and
employee
,
or
the
7
employee
may
elect
to
have
the
wages
sent
for
direct
deposit,
8
on
or
by
the
regular
payday
of
the
employee,
into
a
financial
9
institution
designated
by
the
employee
.
10
c.
Upon
written
request
by
the
employee,
wages
due
may
be
11
sent
to
the
employee
by
mail.
The
employer
shall
maintain
a
12
copy
of
the
request
for
as
long
as
it
is
effective
and
for
at
13
least
two
years
thereafter.
14
d.
The
employee
may
elect
to
have
wages
due
sent
for
15
direct
deposit,
on
or
by
the
regular
payday
of
the
employee,
16
into
a
financial
institution
designated
by
the
employee.
An
17
employee
hired
on
or
after
July
1,
2005,
may
be
required,
as
18
a
condition
of
employment,
to
participate
in
direct
deposit
19
of
the
employee’s
wages
in
a
financial
institution
of
the
20
employee’s
choice
unless
any
of
the
following
conditions
exist:
21
(1)
The
costs
to
the
employee
of
establishing
and
22
maintaining
an
account
for
purposes
of
the
direct
deposit
would
23
effectively
reduce
the
employee’s
wages
to
a
level
below
the
24
minimum
wage
provided
under
section
91D.1
.
25
(2)
The
employee
would
incur
fees
charged
to
the
employee’s
26
account
as
a
result
of
the
direct
deposit.
27
(3)
The
provisions
of
a
collective
bargaining
agreement
28
mutually
agreed
upon
by
the
employer
and
the
employee
29
organization
prohibit
the
employer
from
requiring
an
employee
30
to
sign
up
for
direct
deposit
as
a
condition
of
hire.
31
e.
(1)
An
employer
may
offer
payment
of
wages
by
debit
32
card
or
pay
card
pursuant
to
this
section
only
if
the
employer
33
complies
with
all
of
the
following
requirements:
34
(a)
The
employer
shall
provide
the
employee
with
a
clear
and
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conspicuous
written
disclosure
when
payment
by
debit
card
or
1
pay
card
is
offered
to
the
employee
notifying
the
employee
that
2
receipt
of
payment
by
debit
card
or
pay
card
is
voluntary
on
3
the
employee’s
part
and
listing
the
other
method
or
methods
of
4
payment
offered
by
the
employer.
5
(b)
The
employer
shall
provide
the
employee
written
notice
6
when
payment
by
debit
card
or
pay
card
is
offered
to
the
7
employee
of
all
possible
charges
for
use
of
the
debit
card
or
8
pay
card.
The
employer
shall
also
provide
the
employee
written
9
notice
in
advance
of
any
change
in
the
amount
or
frequency
of
10
such
charges.
11
(c)
The
employer
shall
provide
the
employee
written
notice
12
when
payment
by
debit
card
or
pay
card
is
offered
to
the
13
employee
of
all
possible
fees
that
may
be
deducted
from
the
14
employee’s
debit
card
or
pay
card
account
by
the
employer
or
15
card
issuer.
16
(d)
The
employer
shall
provide
a
written
explanation
to
the
17
employee
when
payment
by
debit
card
or
pay
card
is
offered
to
18
the
employee
as
to
how
the
employee
may
obtain,
at
no
cost,
the
19
employee’s
net
wages,
check
the
account
balance,
and
request
to
20
receive
paper
or
electronic
transaction
histories,
as
provided
21
in
this
paragraph
“e”
.
22
(e)
The
employer
shall
not
use
a
debit
card
or
pay
card
that
23
charges
fees
for
any
of
the
following:
24
(i)
Point
of
sale
transactions.
25
(ii)
The
application,
initiation,
or
loading
of
wages
by
26
the
employer.
27
(iii)
Declined
transactions
occurring
two
or
fewer
times
in
28
a
month,
or
fees
beyond
actual
costs
of
processing
the
declined
29
transactions
for
all
other
declined
transactions.
30
(iv)
Account
inactivity
prior
to
three
hundred
sixty-five
31
days
following
activation
of
the
debit
card
or
pay
card.
32
(v)
For
receiving
wages
by
debit
card
or
pay
card.
33
(f)
An
employer
shall
not
offer
payment
of
wages
by
a
debit
34
card
or
pay
card
pursuant
to
this
section
linked
to
any
form
of
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credit
including
but
not
limited
to
overdraft
fees
or
overdraft
1
service
fees,
a
loan
against
future
pay,
or
a
cash
advance
on
2
future
pay
or
work
not
yet
performed.
3
(g)
If
an
employee
elects
to
have
wages
due
paid
by
debit
4
card
or
pay
card
pursuant
to
this
section,
the
employer
shall
5
obtain
the
employee’s
written
consent
to
payment
by
debit
card
6
or
pay
card.
The
employer
shall
obtain
such
consent
without
7
coercion
or
the
imposition
of
fear
of
discharge
or
reprisal.
8
(h)
If
an
employee
elects
to
have
wages
due
paid
by
debit
9
card
or
pay
card
pursuant
to
this
section,
the
employer
shall
10
retain
copies
of
the
employee’s
written
consent,
the
notice
of
11
charges,
and
the
notice
of
fees
for
a
period
of
not
less
than
12
two
years
from
the
date
of
the
employee’s
written
consent
and
13
from
the
dates
the
notice
of
charges
and
the
notice
of
fees
are
14
given
to
the
employee.
15
(i)
If
an
employee
who
has
elected
to
have
wages
due
paid
by
16
debit
card
or
pay
card
pursuant
to
this
section
requests
that
17
the
employer
terminate
payment
by
debit
card
or
pay
card,
the
18
employer
shall
substitute
another
payment
method
in
accordance
19
with
this
section
no
later
than
two
pay
periods
after
receiving
20
such
request.
21
(2)
An
employer
may
offer
payment
of
wages
by
debit
card
or
22
pay
card
pursuant
to
this
section
only
if
the
debit
card
or
pay
23
card
provides
the
employee
with
all
of
the
following:
24
(a)
At
least
one
method
of
withdrawing
the
employee’s
full
25
net
wages
from
the
debit
card
or
pay
card
at
least
once
per
pay
26
period,
but
not
less
than
twice
per
month,
at
no
cost
to
the
27
employee,
at
a
location
readily
available
to
the
employee.
28
(b)
One
transaction
history
at
no
cost
to
the
employee,
29
which
the
employee
may
request
to
receive
in
paper
or
30
electronic
form,
each
month
that
includes
all
deposits,
31
withdrawals,
deductions,
or
charges
by
any
entity
from
or
to
32
the
employee’s
debit
card
or
pay
card
account.
33
(c)
Unlimited
telephone
access
to
obtain
the
debit
card
or
34
pay
card
account
balance
at
any
time
without
a
fee.
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(d)
Protections
from
unauthorized
use
in
accordance
with
1
federal
and
state
law
relating
to
electronic
fund
transfers.
2
b.
f.
If
the
employer
fails
to
pay
an
employee’s
wages
on
3
or
by
the
regular
payday
in
accordance
with
this
subsection
,
4
the
employer
is
liable
for
the
amount
of
any
overdraft
charge
5
if
the
overdraft
is
created
on
the
employee’s
account
because
6
of
the
employer’s
failure
to
pay
the
wages
on
or
by
the
regular
7
payday.
The
overdraft
charges
may
be
the
basis
for
a
claim
8
under
section
91A.10
and
for
damages
under
section
91A.8
.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
permits
the
voluntary
receipt
by
employees
13
of
payment
of
wages
by
debit
card
or
pay
card
under
Code
14
chapter
91A,
the
Iowa
wage
payment
collection
law,
if
certain
15
requirements
are
met.
16
An
employer
may
offer
payment
of
wages
by
debit
card
or
pay
17
card
under
the
bill
only
if
the
employer
complies
with
certain
18
requirements.
19
The
employer
must
provide
the
employee
with
a
clear
and
20
conspicuous
written
disclosure
notifying
the
employee
that
21
payment
by
debit
card
or
pay
card
is
voluntary
and
listing
the
22
other
method
or
methods
of
payment
offered
by
the
employer.
23
The
employer
must
provide
the
employee
written
notice
of
24
all
possible
charges
for
use
of
the
debit
card
or
pay
card.
25
The
employer
must
also
provide
the
employee
written
notice
26
in
advance
of
any
change
in
the
amount
or
frequency
of
such
27
charges.
The
employer
must
provide
the
employee
written
notice
28
of
all
possible
fees
that
may
be
deducted
from
the
employee’s
29
debit
card
or
pay
card
account
by
the
employer
or
card
issuer.
30
The
employer
must
provide
a
written
explanation
to
the
employee
31
as
to
how
the
employee
may
obtain,
at
no
cost,
the
employee’s
32
net
wages,
check
the
account
balance,
and
request
to
receive
33
paper
or
electronic
transaction
histories.
An
employer
is
34
prohibited
from
using
a
debit
card
or
pay
card
that
charges
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certain
fees.
An
employer
is
prohibited
from
offering
payment
1
of
wages
by
a
debit
card
or
pay
card
linked
to
any
form
of
2
credit.
3
An
employer
must
comply
with
certain
requirements
if
an
4
employee
elects
to
have
wages
due
paid
by
debit
card
or
pay
5
card
pursuant
to
the
bill.
6
The
employer
must
obtain
the
employee’s
written
consent
to
7
payment
by
debit
card
or
pay
card.
The
employer
must
obtain
8
such
consent
without
coercion
or
the
imposition
of
fear
of
9
discharge
or
reprisal.
The
employer
must
retain
copies
of
the
10
employee’s
written
consent,
the
notice
of
charges,
and
the
11
notice
of
fees
for
a
period
of
not
less
than
two
years.
The
12
employer
must
substitute
another
payment
method
in
accordance
13
with
Code
section
91A.3
no
later
than
two
pay
periods
after
14
receiving
a
request
for
termination
of
payment
by
debit
card
15
or
pay
card
from
an
employee.
16
An
employer
may
offer
payment
of
wages
by
debit
card
or
pay
17
card
under
the
bill
only
if
the
debit
card
or
pay
card
includes
18
certain
provisions
for
the
employee.
19
The
employee
must
be
provided
at
least
one
method
of
20
withdrawing
the
employee’s
full
net
wages
from
the
card
at
21
least
once
per
pay
period,
but
not
less
than
twice
per
month,
22
at
no
cost
to
the
employee,
at
a
location
readily
available
23
to
the
employee.
The
employee
must
be
provided
upon
request
24
one
transaction
history
each
month
that
includes
all
deposits,
25
withdrawals,
deductions,
or
charges
by
any
entity
from
or
to
26
the
employee’s
debit
card
or
pay
card
account
at
no
cost
to
the
27
employee.
The
employee
must
be
provided
unlimited
telephone
28
access
to
obtain
the
debit
card
or
pay
card
account
balance
at
29
any
time
without
a
fee.
The
employee
must
be
provided
with
30
protections
from
unauthorized
use
in
accordance
with
federal
31
and
state
law
relating
to
electronic
fund
transfers.
32
Under
Code
chapter
91A,
unpaid
wages
or
expenses,
along
with
33
liquidated
damages,
court
costs,
and
attorney
fees,
may
be
34
recovered
by
the
employee
or
the
labor
commissioner
by
civil
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action.
An
employer
who
violates
Code
chapter
91A
is
also
1
subject
to
a
civil
penalty
of
not
more
than
$500
per
pay
period
2
for
each
violation.
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