House File 715 - Introduced
HOUSE FILE 715
BY SMITH and BROWN-POWERS
A BILL FOR
1 An Act relating to employment matters, providing penalties and
2 remedies, and including effective date, applicability, and
3 transition provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 ESSENTIAL EMPLOYEES —— PREMIUM PAY
3 Section 1. Section 84A.5, subsection 4, Code 2021, is
4 amended to read as follows:
5 4. The division of labor services is responsible for the
6 administration of the laws of this state under chapters 88,
7 88A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 92, 94,
8 and 94A, and sections 73A.21 and 85.68. The executive head of
9 the division is the labor commissioner, appointed pursuant to
10 section 91.2.
11 Sec. 2. Section 91.4, subsection 2, Code 2021, is amended
12 to read as follows:
13 2. The director of the department of workforce development,
14 in consultation with the labor commissioner, shall, at the
15 time provided by law, make an annual report to the governor
16 setting forth in appropriate form the business and expense of
17 the division of labor services for the preceding year, the
18 number of remedial actions taken under chapter 89A, the number
19 of disputes or violations processed by the division and the
20 disposition of the disputes or violations, and other matters
21 pertaining to the division which are of public interest,
22 together with recommendations for change or amendment of the
23 laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B,
24 90A, 91A, 91C, 91D, 91E, 92, 94, and 94A, and section 85.68,
25 and the recommendations, if any, shall be transmitted by the
26 governor to the first general assembly in session after the
27 report is filed.
28 Sec. 3. Section 91A.2, subsection 7, Code 2021, is amended
29 by adding the following new paragraph:
30 NEW PARAGRAPH. e. Premium pay pursuant to chapter 94.
31 Sec. 4. NEW SECTION. 94.1 Definitions.
32 As used in this chapter, unless the context otherwise
33 requires:
34 1. “Commissioner” means the labor commissioner appointed
35 pursuant to section 91.2.
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1 2. “Employer” means a person, as defined in chapter 4, who
2 in this state employs for wages a natural person.
3 3. “Essential employee” means a natural person who is
4 employed in this state for wages engaged in one of the
5 following occupations:
6 a. A health care professional who engages in direct contact
7 with patients or patients’ families or who handles potentially
8 infectious materials.
9 b. An employee of a health care facility.
10 c. An emergency medical care provider as defined in section
11 147A.1, a fire fighter, a peace officer as defined in section
12 801.4, or an employee of the department of human services who
13 provides social work or case work to children or who works in
14 child protection.
15 d. An employee of a public or nonpublic school or an
16 employee of a child care facility or child care home as those
17 terms are defined in section 237A.1.
18 e. An employee of a food, agriculture, distribution, or
19 manufacturing facility whose employment involves working or
20 living in congregate settings that do not allow for social
21 distancing.
22 f. An employee of the state who performs inspections of
23 health care facilities or of child care facilities or child
24 care homes as those terms are defined in section 237A.1.
25 g. An employee of a state or local correctional facility.
26 h. An employee of a retail establishment who provides
27 services to customers.
28 4. “Health care facility” means and includes all of the
29 following:
30 a. A facility as defined in section 514J.102.
31 b. A facility licensed pursuant to chapter 135B.
32 c. A facility licensed pursuant to chapter 135C.
33 d. Residential care facilities, nursing facilities,
34 intermediate care facilities for persons with mental illness,
35 intermediate care facilities for persons with intellectual
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1 disabilities, hospice programs, elder group homes, and assisted
2 living programs.
3 5. “Health care professional” means physicians and other
4 health care practitioners who are licensed, certified, or
5 otherwise authorized or permitted by the laws of this state
6 to administer health care services in the ordinary course of
7 business or in the practice of a profession. “Health care
8 professional” includes the employer or agent of a health care
9 professional who provides or arranges health care.
10 6. “Health care services” means services for the diagnosis,
11 prevention, treatment, care, cure, or relief of a health
12 condition, illness, injury, or disease, regardless of the
13 setting in which such services are performed.
14 7. “Period of infectious disease emergency” means that
15 period of time that a disease or virus determined to be
16 life-threatening to a person exposed to the disease or virus
17 has been declared a pandemic, epidemic, or public health
18 emergency by the federal government, governor, or local public
19 health authorities.
20 Sec. 5. NEW SECTION. 94.2 Premium pay for essential
21 employees —— infectious disease emergency.
22 1. During a period of infectious disease emergency, an
23 employer shall pay an essential employee, in addition to any
24 other wages or benefits to which the employee is entitled,
25 premium pay. Premium pay shall be paid at the same time and in
26 the same manner as an essential employee’s regular wages.
27 2. Upon consideration of the nature and expected duration
28 of the period of infectious disease emergency, the various
29 duties to be performed by essential employees in responding
30 to the period of infectious disease emergency, and any
31 other information the commissioner may deem relevant, the
32 commissioner shall establish by rule pursuant to chapter 17A
33 the rate or amount of premium pay to which an essential worker
34 is entitled pursuant to this chapter. The commissioner may
35 establish different rates or amounts of premium pay by rule
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1 for different occupations held by essential employees as the
2 commissioner deems appropriate.
3 3. The commissioner shall establish by rule the rate or
4 amount of premium pay applicable to a period of infectious
5 disease emergency within one calendar week of the beginning
6 of the emergency. The commissioner may update such rates or
7 amounts by rule during a period of infectious disease emergency
8 as the commissioner deems appropriate.
9 4. The commissioner may adopt rules on an emergency basis
10 as provided in section 17A.4, subsection 3, and section
11 17A.5, subsection 2, to administer this section and the rules
12 shall be effective immediately upon filing unless a later
13 date is specified in the rules. Any emergency rules adopted
14 in accordance with this section shall also be published as
15 a notice of intended action as provided in section 17A.4,
16 subsection 1.
17 Sec. 6. NEW SECTION. 94.3 Rules —— enforcement ——
18 penalties.
19 1. The commissioner shall adopt rules to administer this
20 chapter.
21 2. This chapter and rules adopted pursuant to this chapter
22 shall be enforced pursuant to chapter 91A.
23 Sec. 7. EMERGENCY RULES. The labor commissioner shall adopt
24 emergency rules under section 17A.4, subsection 3, and section
25 17A.5, subsection 2, paragraph “b”, to implement the provisions
26 of this Act and the rules shall be effective immediately upon
27 filing unless a later date is specified in the rules. Any
28 rules adopted in accordance with this section shall also be
29 published as a notice of intended action as provided in section
30 17A.4.
31 Sec. 8. APPLICABILITY. This division of this Act applies to
32 pay periods beginning on or after the effective date of rules
33 adopted by the labor commissioner to implement this division
34 of this Act.
35 Sec. 9. EFFECTIVE DATE. This division of this Act, being
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1 deemed of immediate importance, takes effect upon enactment.
2 DIVISION II
3 MINIMUM WAGE
4 Sec. 10. Section 91D.1, subsection 1, Code 2021, is amended
5 to read as follows:
6 1. a. (1) The state hourly wage shall be at least $6.20 as
7 of April 1, 2007, and $7.25 as of January 1, 2008 $8.20 as of
8 July 1, 2021, $9.15 as of July 1, 2022, $10.10 as of January 1,
9 2023, $11.05 as of July 1, 2023, $12.00 as of January 1, 2024,
10 $12.95 as of July 1, 2024, $13.90 as of January 1, 2025, and
11 $15.00 as of July 1, 2025.
12 (2) The state hourly wage, including the state hourly wage
13 for the first ninety calendar days of employment provided in
14 paragraph “d”, shall be increased annually on July 1, beginning
15 July 1, 2026, by the same percentage as the cost-of-living
16 increase in federal social security benefits authorized during
17 the previous state fiscal year by the federal social security
18 administration pursuant to section 215 of the federal Social
19 Security Act, 42 U.S.C. §415.
20 b. Every employer, as defined in the federal Fair Labor
21 Standards Act of 1938, as amended to January 1, 2007 July 1,
22 2021, shall pay to each of the employer’s employees, as defined
23 in the federal Fair Labor Standards Act of 1938, as amended to
24 January 1, 2007 July 1, 2021, the state hourly wage stated in
25 paragraph “a”, or the current federal minimum wage, pursuant to
26 29 U.S.C. §206, as amended, whichever is greater.
27 c. For purposes of determining whether an employee of a
28 restaurant, hotel, motel, inn, or cabin, who customarily and
29 regularly receives more than thirty one hundred dollars a month
30 in tips is receiving the minimum hourly wage rate prescribed
31 by this section, the amount paid the employee by the employer
32 shall be deemed to be increased on account of the tips by an
33 amount determined by the employer, not to exceed forty percent
34 of the applicable minimum wage. An employee may file a written
35 appeal with the labor commissioner if the amount of tips
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1 received by the employee is less than the amount determined by
2 the employer under this subsection.
3 d. An employer is not required to pay an employee the
4 applicable state hourly wage provided in paragraph “a” until the
5 employee has completed ninety calendar days of employment with
6 the employer. An employee who has completed ninety calendar
7 days of employment with the employer prior to April 1, 2007, or
8 January 1, 2008, shall earn the applicable state hourly minimum
9 wage as of that the date of completion. An employer shall
10 pay an employee who has not completed ninety calendar days of
11 employment with the employer an hourly wage of at least $5.30
12 as of April 1, 2007, and $6.35 as of January 1, 2008 $7.20 as of
13 July 1, 2021, $8.05 as of July 1, 2022, $8.85 as of January 1,
14 2023, $9.70 as of July 1, 2023, $10.55 as of January 1, 2024,
15 $11.40 as of July 1, 2024, $12.25 as of January 1, 2025, and
16 $13.20 as of July 1, 2025.
17 e. A county or city may establish a minimum wage that
18 exceeds the state hourly wage and the federal minimum wage.
19 DIVISION III
20 PUBLIC EMPLOYEE COLLECTIVE BARGAINING
21 Sec. 11. Section 20.3, subsections 11 and 13, Code 2021, are
22 amended by striking the subsections.
23 Sec. 12. Section 20.6, subsection 1, Code 2021, is amended
24 to read as follows:
25 1. Administer Interpret, apply, and administer the
26 provisions of this chapter.
27 Sec. 13. Section 20.6, subsections 6 and 7, Code 2021, are
28 amended by striking the subsections.
29 Sec. 14. Section 20.7, subsection 2, Code 2021, is amended
30 to read as follows:
31 2. Hire, evaluate, promote, demote, transfer, assign, and
32 retain public employees in positions within the public agency.
33 Sec. 15. Section 20.8, subsection 5, Code 2021, is amended
34 by striking the subsection.
35 Sec. 16. Section 20.9, Code 2021, is amended by striking the
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1 section and inserting in lieu thereof the following:
2 20.9 Scope of negotiations.
3 1. The public employer and the employee organization
4 shall meet at reasonable times, including meetings reasonably
5 in advance of the public employer’s budget-making process,
6 to negotiate in good faith with respect to wages, hours,
7 vacations, insurance, holidays, leaves of absence, shift
8 differentials, overtime compensation, supplemental pay,
9 seniority, transfer procedures, job classifications, health and
10 safety matters, evaluation procedures, procedures for staff
11 reduction, in-service training, and other matters mutually
12 agreed upon. Negotiations shall also include terms authorizing
13 dues checkoff for members of the employee organization and
14 grievance procedures for resolving any questions arising under
15 the agreement, which shall be embodied in a written agreement
16 and signed by the parties. If an agreement provides for dues
17 checkoff, a member’s dues may be checked off only upon the
18 member’s written request and the member may terminate the dues
19 checkoff at any time by giving thirty days’ written notice.
20 Such obligation to negotiate in good faith does not compel
21 either party to agree to a proposal or make a concession.
22 2. Nothing in this section shall diminish the authority
23 and power of the department of administrative services, board
24 of regents’ merit system, Iowa public broadcasting board’s
25 merit system, or any civil service commission established by
26 constitutional provision, statute, charter, or special act to
27 recruit employees, prepare, conduct and grade examinations,
28 rate candidates in order of their relative scores for
29 certification for appointment or promotion or for other matters
30 of classification, reclassification or appeal rights in the
31 classified service of the public employer served.
32 3. All retirement systems shall be excluded from the scope
33 of negotiations.
34 Sec. 17. Section 20.10, subsection 3, paragraph j, Code
35 2021, is amended by striking the paragraph.
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1 Sec. 18. Section 20.12, subsection 5, Code 2021, is amended
2 to read as follows:
3 5. If an employee organization or any of its officers
4 is held to be in contempt of court for failure to comply
5 with an injunction pursuant to this section, or is convicted
6 of violating this section, the employee organization shall
7 be immediately decertified, shall cease to represent the
8 bargaining unit, shall cease to receive any dues by checkoff,
9 and may again be certified only after twenty-four twelve months
10 have elapsed from the effective date of decertification and
11 only if after a new petition for certification pursuant to
12 compliance with section 20.14 is filed and a new certification
13 election pursuant to section 20.15 is held. The penalties
14 provided in this section may be suspended or modified by the
15 court, but only upon request of the public employer and only
16 if the court determines the suspension or modification is in
17 the public interest.
18 Sec. 19. Section 20.15, Code 2021, is amended by striking
19 the section and inserting in lieu thereof the following:
20 20.15 Elections.
21 1. Upon the filing of a petition for certification of an
22 employee organization, the board shall submit a question to
23 the public employees at an election in the bargaining unit
24 found appropriate by the board. The question on the ballot
25 shall permit the public employees to vote for no bargaining
26 representation or for any employee organization which has
27 petitioned for certification or which has presented proof
28 satisfactory to the board of support of ten percent or more of
29 the public employees in the appropriate unit.
30 2. If a majority of the votes cast on the question is
31 for no bargaining representation, the public employees in
32 the bargaining unit found