Senate Study Bill 3156 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LABOR AND BUSINESS RELATIONS BILL BY CHAIRPERSON SCHULTZ) A BILL FOR An Act permitting employers to provide employees with wage 1 statements by electronic means. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5517XC (2) 87 je/rj
S.F. _____ Section 1. Section 91A.6, subsection 4, Code 2018, is 1 amended to read as follows: 2 4. a. On each regular payday, the employer shall send 3 provide to each employee by mail or shall provide at the 4 employee’s normal place of employment during normal employment 5 hours a statement showing the hours the employee worked, the 6 wages earned by the employee, and deductions made for the 7 employee. 8 b. The employer shall provide the statement using one of the 9 following methods: 10 (1) Sending the statement to an employee by mail. 11 (2) Providing the statement to an employee by secure 12 electronic transmission or by other secure electronic means. 13 If an employee is unable to receive the statement by this 14 method, the employee shall notify the employer in writing at 15 least one pay period in advance, and the employer shall provide 16 the statement by one of the other methods listed in this 17 paragraph “b” . 18 (3) Providing the statement to the employee at the 19 employee’s normal place of employment during normal employment 20 hours. 21 (4) Providing each employee access to view a statement 22 of the employee’s earnings electronically and providing the 23 employee free and unrestricted access to a printer to print the 24 statement. 25 c. However, the employer need not provide information 26 on hours worked for employees who are exempt from overtime 27 under the federal Fair Labor Standards Act, as defined in 28 29C.F.R. pt. 541 , unless the employer has established a policy or practice of paying to or on behalf of exempt employees 30 overtime, a bonus, or a payment based on hours worked, 31 whereupon the employer shall send or otherwise provide a 32 statement to the exempt employees showing the hours the 33 employee worked or the payments made to the employee by the 34 employer, as applicable. 35 -1- LSB 5517XC (2) 87 je/rj 1/ 2
S.F. _____ An employer who provides each employee access to view an 1 electronic statement of the employee’s earnings and provides 2 the employee free and unrestricted access to a printer to print 3 the employee’s statement of earnings, if the employee chooses, 4 is in compliance with this subsection. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 Current law requires employers to provide certain employees 9 on each regular payday with statements showing hours worked, 10 wages earned, and pay deductions made. The employer may send 11 the statement by mail or provide it at the employee’s normal 12 place of employment during normal employment hours. This bill 13 permits an employer to also provide the statement by secure 14 electronic transmission or by other secure electronic means. 15 The bill authorizes an employee who is unable to receive the 16 statement by this method to notify the employer in writing at 17 least one pay period in advance, and the employer shall provide 18 the statement by one of the other permitted methods. 19 -2- LSB 5517XC (2) 87 je/rj 2/ 2