HF 375 (LSB 2523YH (1) 91)

HOUSE FILE 375

BY  GAINES

A BILL FOR

An Act establishing a state minimum hourly wage for direct care professionals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 91D.1, subsection 1, paragraph b, Code 2025, 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, 2025, 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, 2025, 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, subsection 3, paragraph b, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   For purposes of this chapter section, a franchisor shall not be considered to be an employer of a franchisee or of an employee of a franchisee unless any of the following conditions apply:
    Sec. 3.  Section 91D.1, subsections 4, 5, and 6, Code 2025, 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 director of the department of inspections, appeals, and licensing shall adopt rules to implement and administer this section chapter.
   6.  This section chapter shall be enforced pursuant to chapter 91A.
    Sec. 4.  NEW SECTION.  91D.2  Minimum wage —— direct care professionals.
   1.  For purposes of this section, “direct care professional” means an individual who provides supportive services and care, including but not limited to personal care, independent living skills, and basic health care services, in a nursing facility, in the home, or in a child care center, to people experiencing illnesses or disabilities and who receives compensation for such services. “Direct care professional” includes but is not limited to direct support professionals, direct care workers, supported community living workers, home health aides, and certified nurse aides.
   2.  Notwithstanding section 91D.1, the state hourly wage for an employee employed as a direct care professional shall be at least $20.00 as of July 1, 2025. Notwithstanding section 91D.1, the state hourly wage for an employee employed as a direct care professional who has not completed ninety calendar days of employment with the employer shall be at least $19.10 as of July 1, 2025.
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 direct care professionals, as defined in the bill, shall be at least $20.00 as of July 1, 2025. The bill provides that the state minimum hourly wage for direct care workers employed for less than 90 days shall be at least $19.10 as of July 1, 2025.