House
File
375
-
Introduced
HOUSE
FILE
375
BY
GAINES
A
BILL
FOR
An
Act
establishing
a
state
minimum
hourly
wage
for
direct
care
1
professionals.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
91D.1,
subsection
1,
paragraph
b,
Code
1
2025,
is
amended
to
read
as
follows:
2
b.
Every
employer,
as
defined
in
the
federal
Fair
Labor
3
Standards
Act
of
1938,
as
amended
to
January
1,
2007
July
1,
4
2025
,
shall
pay
to
each
of
the
employer’s
employees,
as
defined
5
in
the
federal
Fair
Labor
Standards
Act
of
1938,
as
amended
to
6
January
1,
2007
July
1,
2025
,
the
state
hourly
wage
stated
in
7
paragraph
“a”
provided
in
this
chapter
,
or
the
current
federal
8
minimum
wage,
pursuant
to
29
U.S.C.
§206,
as
amended,
whichever
9
is
greater.
10
Sec.
2.
Section
91D.1,
subsection
3,
paragraph
b,
11
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
12
follows:
13
For
purposes
of
this
chapter
section
,
a
franchisor
shall
14
not
be
considered
to
be
an
employer
of
a
franchisee
or
of
an
15
employee
of
a
franchisee
unless
any
of
the
following
conditions
16
apply:
17
Sec.
3.
Section
91D.1,
subsections
4,
5,
and
6,
Code
2025,
18
are
amended
to
read
as
follows:
19
4.
For
purposes
of
this
chapter
section
,
“employee”
does
20
not
include
an
independent
contractor
as
described
in
section
21
85.61,
subsection
12
,
paragraph
“c”
,
subparagraph
(3).
22
5.
The
director
of
the
department
of
inspections,
appeals,
23
and
licensing
shall
adopt
rules
to
implement
and
administer
24
this
section
chapter
.
25
6.
This
section
chapter
shall
be
enforced
pursuant
to
26
chapter
91A
.
27
Sec.
4.
NEW
SECTION
.
91D.2
Minimum
wage
——
direct
care
28
professionals.
29
1.
For
purposes
of
this
section,
“direct
care
professional”
30
means
an
individual
who
provides
supportive
services
and
care,
31
including
but
not
limited
to
personal
care,
independent
living
32
skills,
and
basic
health
care
services,
in
a
nursing
facility,
33
in
the
home,
or
in
a
child
care
center,
to
people
experiencing
34
illnesses
or
disabilities
and
who
receives
compensation
for
35
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such
services.
“Direct
care
professional”
includes
but
is
not
1
limited
to
direct
support
professionals,
direct
care
workers,
2
supported
community
living
workers,
home
health
aides,
and
3
certified
nurse
aides.
4
2.
Notwithstanding
section
91D.1,
the
state
hourly
wage
for
5
an
employee
employed
as
a
direct
care
professional
shall
be
6
at
least
$20.00
as
of
July
1,
2025.
Notwithstanding
section
7
91D.1,
the
state
hourly
wage
for
an
employee
employed
as
a
8
direct
care
professional
who
has
not
completed
ninety
calendar
9
days
of
employment
with
the
employer
shall
be
at
least
$19.10
10
as
of
July
1,
2025.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
provides
that
the
state
minimum
hourly
wage
for
15
direct
care
professionals,
as
defined
in
the
bill,
shall
be
at
16
least
$20.00
as
of
July
1,
2025.
The
bill
provides
that
the
17
state
minimum
hourly
wage
for
direct
care
workers
employed
for
18
less
than
90
days
shall
be
at
least
$19.10
as
of
July
1,
2025.
19
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