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
1
employers
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
94A.3A
Employee
notice.
1
1.
An
employment
agency
shall
provide
to
each
employee
2
referred
for
employment
notice
of
the
following:
3
a.
The
name,
address,
electronic
mail
address,
and
telephone
4
number
of
the
following:
5
(1)
The
employment
agency,
or
the
contact
information
of
the
6
employee
of
the
employment
agency
facilitating
the
placement.
7
(2)
The
employment
agency’s
workers’
compensation
carrier.
8
(3)
The
employer.
9
(4)
The
commissioner.
10
b.
A
description
of
the
position
and
whether
it
will
require
11
any
special
clothing,
equipment,
training,
or
licenses,
and
12
any
costs
that
will
be
charged
to
the
employee
for
supplies
or
13
training.
14
c.
The
designated
payday,
the
hourly
rate
of
pay,
and
15
whether
overtime
may
occur
and
be
paid.
16
d.
The
daily
starting
time
and
anticipated
end
time
and,
if
17
known,
the
expected
duration
of
employment.
18
e.
Whether
any
meals
will
be
provided
by
the
employment
19
agency
or
employer
and
the
charge
for
such
meals,
if
any,
to
20
the
employee.
21
f.
Details
of
the
means
of
transportation
to
the
work
22
site
and
any
fees
that
will
be
charged
to
the
employee
by
the
23
employment
agency
or
employer
for
any
transportation
services.
24
2.
An
employment
agency
shall
confirm
the
information
in
25
the
notice
required
by
subsection
1
in
writing
and
send
a
26
copy
thereof
to
the
employee,
by
a
method
designated
by
the
27
employee,
before
the
end
of
the
employee’s
first
pay
period.
28
However,
an
employment
agency
shall
send
any
change
in
the
29
initial
terms
of
employment
to
the
employee
immediately.
30
3.
The
employment
agency
shall
post
in
a
conspicuous
place
31
in
each
of
the
locations
where
it
does
business
a
notice
32
of
the
requirements
of
this
section
and
the
name,
internet
33
site
address,
and
telephone
number
of
the
commissioner.
The
34
commissioner
shall
prepare
and
publish
on
the
commissioner’s
35
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internet
site
a
sample
notice
for
use
by
employers
that
meets
1
the
requirements
of
this
section
and,
upon
request,
shall
2
facilitate
the
translation
of
the
notice
into
a
language
other
3
than
English.
4
4.
This
section
shall
not
be
construed
to
prohibit
an
5
employment
agency
from
directing
an
employee
to
employment
by
6
telephone.
However,
the
employment
agency
shall
provide
the
7
information
required
by
subsection
1
by
telephone
at
the
same
8
time.
9
5.
This
section
does
not
apply
to
a
professional
employee,
10
as
defined
in
29
U.S.C.
§152,
or
to
an
employee
who
is
a
11
secretary
or
administrative
assistant
whose
main
or
primary
12
duties
are
described
by
the
United
States
department
of
labor,
13
bureau
of
labor
statistics,
as
involving
one
or
more
of
the
14
following:
15
a.
Drafting
or
revising
correspondence.
16
b.
Scheduling
appointments.
17
c.
Creating,
organizing,
and
maintaining
paper
and
18
electronic
files.
19
d.
Providing
information
to
callers
or
visitors.
20
Sec.
2.
NEW
SECTION
.
94A.3B
Transportation
services.
21
If
an
employment
agency
or
employer
or
a
person
acting
22
directly
or
indirectly
in
the
interest
of
either
offers
23
transportation
services
to
or
from
a
designated
work
site
24
to
an
employee
and
charges
a
fee
for
such
services,
the
25
employment
agency
or
employer
shall
charge
such
employee
not
26
more
than
the
actual
cost
to
transport
such
employee
to
or
27
from
the
designated
work
site.
Such
fee
shall
not
exceed
28
three
percent
of
such
employee’s
total
daily
wages
and
shall
29
not
reduce
the
employee’s
total
daily
wages
below
the
minimum
30
wage
earned
for
the
day.
If
an
employment
agency
or
employer
31
or
a
person
acting
directly
or
indirectly
in
the
interest
32
of
either
requires
the
use
of
transportation
services
by
an
33
employee,
a
fee
shall
not
be
charged
to
the
employee
for
34
transportation
services.
If
an
employment
agency
or
employer
35
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provides
transportation
services
to
a
designated
work
site
1
to
an
employee
on
a
day
when
employment
is
not
available,
2
the
employment
agency
or
employer
shall
fully
refund
any
fee
3
charged
to
the
employee
for
the
transportation
services.
4
Sec.
3.
Section
94A.4,
subsection
4,
Code
2019,
is
amended
5
by
adding
the
following
new
paragraphs:
6
NEW
PARAGRAPH
.
g.
Refer
an
employee
for
employment
by
force
7
or
fraud,
for
illegal
purposes,
or
where
the
employment
is
in
8
violation
of
state
or
federal
law.
9
NEW
PARAGRAPH
.
h.
Refer
an
employee
for
employment
at
any
10
location
that
is
on
strike
or
lockout
without
first
notifying
11
the
employee
of
such
fact.
12
Sec.
4.
Section
94A.4,
Code
2019,
is
amended
by
adding
the
13
following
new
subsections:
14
NEW
SUBSECTION
.
5.
An
employment
agency
or
employer
shall
15
not
charge
or
accept
a
fee
from
an
employee
for
the
following:
16
a.
Any
good
or
service
unless
under
the
terms
of
a
written
17
contract
with
the
employee,
which
clearly
states
in
a
language
18
the
employee
can
understand
that
the
purchase
is
voluntary
and
19
which
provides
that
the
employment
agency
or
employer
will
not
20
gain
a
profit
from
any
cost
or
fee
charged
to
the
employee.
21
b.
The
provision
of
a
bank
card,
debit
card,
payroll
card,
22
voucher,
draft,
money
order,
or
similar
form
of
payment
or
23
wages
that
exceeds
the
actual
cost
per
employee.
24
c.
Any
drug
test.
25
d.
Any
criminal
history
background
check.
26
e.
Transportation,
except
as
provided
in
section
94A.3B.
27
f.
Any
good
or
service
the
payment
for
which
would
cause
the
28
employee
to
earn
less
than
the
applicable
minimum
wage.
29
NEW
SUBSECTION
.
6.
An
employment
agency
or
employer
or
30
a
person
acting
directly
or
indirectly
in
the
interest
of
31
either
shall
not
deduct
any
costs
or
fees
from
the
wages
of
32
an
employee
without
the
express
written
authorization
of
the
33
employee.
An
employment
agency
or
employer
shall
furnish
to
34
the
employee
a
copy
of
the
signed
authorization
in
a
language
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the
employee
can
understand.
1
NEW
SUBSECTION
.
7.
An
employment
agency
or
employer
shall
2
not
refuse
to
return
on
demand
any
personal
property
belonging
3
to
an
employee
or
any
fee
or
cost
that
is
charged
to
the
4
employee
or
accepted
by
the
employment
agency
or
employer
in
5
excess
of
the
amounts
allowable
under
this
chapter.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
makes
various
modifications
to
Code
chapter
10
94A,
which
provides
for
regulation
of
employment
agencies
in
11
this
state
by
the
labor
commissioner.
“Employment
agency”
12
is
defined
as
a
person
who
brings
together
those
desiring
to
13
employ
and
those
desiring
employment
and
who
receives
a
fee,
14
privilege,
or
other
consideration
directly
or
indirectly
from
15
an
employee
for
the
service.
16
The
bill
requires
an
employment
agency
to
provide
to
each
17
employee
referred
for
employment
notice
of
certain
information
18
relating
to
the
employment.
The
required
information
must
be
19
confirmed
in
writing
and
sent
to
the
employee
before
the
end
20
of
the
employee’s
first
pay
period
by
an
employment
agency,
21
but
any
change
to
the
initial
terms
of
employment
must
be
sent
22
immediately.
23
The
bill
requires
an
employment
agency
to
post
in
each
of
the
24
locations
where
it
does
business
notice
of
the
requirements
of
25
the
bill
and
contact
information
for
the
labor
commissioner.
26
The
bill
requires
the
labor
commissioner
to
prepare
a
sample
27
notice
for
use
by
employers.
28
The
notice
requirements
do
not
prohibit
an
employment
agency
29
from
directing
an
employee
to
employment
by
telephone,
if
the
30
employment
agency
also
provides
the
required
notification
at
31
the
same
time.
The
notification
requirements
do
not
apply
to
32
a
professional
employee
as
defined
in
federal
law
or
to
an
33
employee
who
is
a
secretary
or
administrative
assistant
who
has
34
certain
specified
duties.
35
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The
bill
places
certain
specified
limitations
on
the
fees
1
an
employment
agency
or
employer
can
charge
an
employee
for
2
transportation
services
to
or
from
a
designated
work
site.
3
The
bill
prohibits
an
employment
agency
from
referring
4
an
employee
for
employment
by
force
or
fraud,
for
illegal
5
purposes,
or
where
the
employment
is
in
violation
of
state
or
6
federal
law.
The
bill
prohibits
an
employment
agency
from
7
referring
an
employee
for
employment
at
any
location
that
is
8
on
strike
or
lockout
without
first
notifying
the
employee
of
9
such
fact.
10
The
bill
prohibits
an
employment
agency
or
employer
from
11
charging
or
accepting
a
fee
from
an
employee
for
any
good
or
12
service
unless
under
the
terms
of
a
written
contract
with
the
13
employee;
the
provision
of
a
bank
card,
debit
card,
or
similar
14
form
of
payment
or
wages
that
exceeds
the
actual
cost
per
15
employee;
any
drug
test;
any
criminal
history
background
check;
16
transportation,
except
as
provided
in
the
bill;
or
any
good
or
17
service
the
payment
for
which
would
cause
the
employee
to
earn
18
less
than
the
applicable
minimum
wage.
19
The
bill
prohibits
an
employment
agency
or
employer
from
20
deducting
any
costs
or
fees
from
the
wages
of
an
employee
21
without
the
express
written
authorization
of
the
employee.
22
The
bill
prohibits
an
employment
agency
or
employer
from
23
refusing
to
return
on
demand
any
personal
property
belonging
to
24
an
employee
or
any
fee
or
cost
that
is
charged
to
the
employee
25
or
accepted
by
the
employment
agency
or
employer
in
excess
of
26
the
amounts
allowable
under
Code
chapter
94A.
27
A
violation
of
Code
chapter
94A
is
a
simple
misdemeanor
and
28
is
also
cause
for
a
civil
penalty
in
an
amount
up
to
$2,000.
29
A
simple
misdemeanor
is
punishable
by
confinement
for
no
more
30
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
$625
31
or
by
both.
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