Bill Text: IA HF22 | 2019-2020 | 88th General Assembly | Introduced

---

Bill Title: A bill for an act relating to the regulation of employment agencies and employers and making penalties applicable.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-22 - Subcommittee reassigned: Upmeyer, Dolecheck and Hunter. H.J. 120. [HF22 Detail]

Download: Iowa-2019-HF22-Introduced.html

---

House File 22 - Introduced
HOUSE FILE 22
BY HUNTER
A BILL FOR
An Act relating to the regulation of employment agencies and
employers and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 1421YH (1) 88
je/rj

H.F. 22
Section 1. NEW SECTION . 94A.3A Employee notice.
1. An employment agency shall provide to each employee
referred for employment notice of the following:
a. The name, address, electronic mail address, and telephone
number of the following:
(1) The employment agency, or the contact information of the
employee of the employment agency facilitating the placement.
(2) The employment agency’s workers’ compensation carrier.
(3) The employer.
(4) The commissioner.
b. A description of the position and whether it will require
any special clothing, equipment, training, or licenses, and
any costs that will be charged to the employee for supplies or
training.
c. The designated payday, the hourly rate of pay, and
whether overtime may occur and be paid.
d. The daily starting time and anticipated end time and, if
known, the expected duration of employment.
e. Whether any meals will be provided by the employment
agency or employer and the charge for such meals, if any, to
the employee.
f. Details of the means of transportation to the work
site and any fees that will be charged to the employee by the
employment agency or employer for any transportation services.
2. An employment agency shall confirm the information in
the notice required by subsection 1 in writing and send a
copy thereof to the employee, by a method designated by the
employee, before the end of the employee’s first pay period.
However, an employment agency shall send any change in the
initial terms of employment to the employee immediately.
3. The employment agency shall post in a conspicuous place
in each of the locations where it does business a notice
of the requirements of this section and the name, internet
site address, and telephone number of the commissioner. The
commissioner shall prepare and publish on the commissioner’s
-1-
LSB 1421YH (1) 88
je/rj 1/ 5

H.F. 22
internet site a sample notice for use by employers that meets
the requirements of this section and, upon request, shall
facilitate the translation of the notice into a language other
than English.
4. This section shall not be construed to prohibit an
employment agency from directing an employee to employment by
telephone. However, the employment agency shall provide the
information required by subsection 1 by telephone at the same
time.
5. This section does not apply to a professional employee,
as defined in 29 U.S.C. §152, or to an employee who is a
secretary or administrative assistant whose main or primary
duties are described by the United States department of labor,
bureau of labor statistics, as involving one or more of the
following:
a. Drafting or revising correspondence.
b. Scheduling appointments.
c. Creating, organizing, and maintaining paper and
electronic files.
d. Providing information to callers or visitors.
Sec. 2. NEW SECTION . 94A.3B Transportation services.
If an employment agency or employer or a person acting
directly or indirectly in the interest of either offers
transportation services to or from a designated work site
to an employee and charges a fee for such services, the
employment agency or employer shall charge such employee not
more than the actual cost to transport such employee to or
from the designated work site. Such fee shall not exceed
three percent of such employee’s total daily wages and shall
not reduce the employee’s total daily wages below the minimum
wage earned for the day. If an employment agency or employer
or a person acting directly or indirectly in the interest
of either requires the use of transportation services by an
employee, a fee shall not be charged to the employee for
transportation services. If an employment agency or employer
-2-
LSB 1421YH (1) 88
je/rj 2/ 5

H.F. 22
provides transportation services to a designated work site
to an employee on a day when employment is not available,
the employment agency or employer shall fully refund any fee
charged to the employee for the transportation services.
Sec. 3. Section 94A.4, subsection 4, Code 2019, is amended
by adding the following new paragraphs:
NEW PARAGRAPH . g. Refer an employee for employment by force
or fraud, for illegal purposes, or where the employment is in
violation of state or federal law.
NEW PARAGRAPH . h. Refer an employee for employment at any
location that is on strike or lockout without first notifying
the employee of such fact.
Sec. 4. Section 94A.4, Code 2019, is amended by adding the
following new subsections:
NEW SUBSECTION . 5. An employment agency or employer shall
not charge or accept a fee from an employee for the following:
a. Any good or service unless under the terms of a written
contract with the employee, which clearly states in a language
the employee can understand that the purchase is voluntary and
which provides that the employment agency or employer will not
gain a profit from any cost or fee charged to the employee.
b. The provision of a bank card, debit card, payroll card,
voucher, draft, money order, or similar form of payment or
wages that exceeds the actual cost per employee.
c. Any drug test.
d. Any criminal history background check.
e. Transportation, except as provided in section 94A.3B.
f. Any good or service the payment for which would cause the
employee to earn less than the applicable minimum wage.
NEW SUBSECTION . 6. An employment agency or employer or
a person acting directly or indirectly in the interest of
either shall not deduct any costs or fees from the wages of
an employee without the express written authorization of the
employee. An employment agency or employer shall furnish to
the employee a copy of the signed authorization in a language
-3-
LSB 1421YH (1) 88
je/rj 3/ 5

H.F. 22
the employee can understand.
NEW SUBSECTION . 7. An employment agency or employer shall
not refuse to return on demand any personal property belonging
to an employee or any fee or cost that is charged to the
employee or accepted by the employment agency or employer in
excess of the amounts allowable under this chapter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill makes various modifications to Code chapter
94A, which provides for regulation of employment agencies in
this state by the labor commissioner. “Employment agency”
is defined as a person who brings together those desiring to
employ and those desiring employment and who receives a fee,
privilege, or other consideration directly or indirectly from
an employee for the service.
The bill requires an employment agency to provide to each
employee referred for employment notice of certain information
relating to the employment. The required information must be
confirmed in writing and sent to the employee before the end
of the employee’s first pay period by an employment agency,
but any change to the initial terms of employment must be sent
immediately.
The bill requires an employment agency to post in each of the
locations where it does business notice of the requirements of
the bill and contact information for the labor commissioner.
The bill requires the labor commissioner to prepare a sample
notice for use by employers.
The notice requirements do not prohibit an employment agency
from directing an employee to employment by telephone, if the
employment agency also provides the required notification at
the same time. The notification requirements do not apply to
a professional employee as defined in federal law or to an
employee who is a secretary or administrative assistant who has
certain specified duties.
-4-
LSB 1421YH (1) 88
je/rj 4/ 5

H.F. 22
The bill places certain specified limitations on the fees
an employment agency or employer can charge an employee for
transportation services to or from a designated work site.
The bill prohibits an employment agency from referring
an employee for employment by force or fraud, for illegal
purposes, or where the employment is in violation of state or
federal law. The bill prohibits an employment agency from
referring an employee for employment at any location that is
on strike or lockout without first notifying the employee of
such fact.
The bill prohibits an employment agency or employer from
charging or accepting a fee from an employee for any good or
service unless under the terms of a written contract with the
employee; the provision of a bank card, debit card, or similar
form of payment or wages that exceeds the actual cost per
employee; any drug test; any criminal history background check;
transportation, except as provided in the bill; or any good or
service the payment for which would cause the employee to earn
less than the applicable minimum wage.
The bill prohibits an employment agency or employer from
deducting any costs or fees from the wages of an employee
without the express written authorization of the employee.
The bill prohibits an employment agency or employer from
refusing to return on demand any personal property belonging to
an employee or any fee or cost that is charged to the employee
or accepted by the employment agency or employer in excess of
the amounts allowable under Code chapter 94A.
A violation of Code chapter 94A is a simple misdemeanor and
is also cause for a civil penalty in an amount up to $2,000.
A simple misdemeanor is punishable by confinement for no more
than 30 days or a fine of at least $65 but not more than $625
or by both.
-5-
LSB 1421YH (1) 88
je/rj 5/ 5