HF 516 (LSB 2422YH (2) 90)

HOUSE FILE 516

BY  CAHILL

A BILL FOR

An Act providing a state minimum hourly wage for education support professionals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 91D.1, subsection 1, paragraph b, Code 2023, is amended to read as follows:
   b.  Every employer, as defined in the federal Fair Labor Standards Act of 1938, as amended to January 1, 2007 July 1, 2023, shall pay to each of the employer’s employees, as defined in the federal Fair Labor Standards Act of 1938, as amended to January 1, 2007 July 1, 2023, the state hourly wage stated in paragraph “a” provided in this chapter, or the current federal minimum wage, pursuant to 29 U.S.C. §206, as amended, whichever is greater.
    Sec. 2.  Section 91D.1, subsections 4, 5, and 6, Code 2023, are amended to read as follows:
   4.  For purposes of this chapter section, “employee” does not include an independent contractor as described in section 85.61, subsection 12, paragraph “c”, subparagraph (3).
   5.  The labor commissioner shall adopt rules to implement and administer this section chapter.
   6.  This section chapter shall be enforced pursuant to chapter 91A.
    Sec. 3.  NEW SECTION.  91D.2  Minimum wage —— education support professionals.
   1.  For purposes of this section, “education support professional” means an employee of a public, nonpublic, or charter school who meets the needs of the whole student, promotes quality education, and fosters a positive learning environment, including an employee who provides the following services or functions:
   a.  Clerical services.
   b.  Custodial, building grounds, and maintenance services.
   c.  Food services.
   d.  Health service providers other than school nurses.
   e.  Para-educators.
   f.  Security services.
   g.  Skilled trade work.
   h.  Technical services including information technology specialists.
   i.  Transportation services including school bus drivers.
   2.  Notwithstanding section 91D.1, the state hourly wage for an employee employed as an education support professional shall be at least $17.00 as of July 1, 2023.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that the state minimum hourly wage for education support professionals, as defined in the bill, shall be $17.00 as of July 1, 2023.