Bill Text: IA HF26 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act requiring employers to provide employees with meal periods and rest periods and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-22 - Subcommittee reassigned: Upmeyer, Dolecheck and Hunter. H.J. 120. [HF26 Detail]
Download: Iowa-2019-HF26-Introduced.html
House
File
26
-
Introduced
HOUSE
FILE
26
BY
HUNTER
A
BILL
FOR
An
Act
requiring
employers
to
provide
employees
with
meal
1
periods
and
rest
periods
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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26
Section
1.
Section
84A.5,
subsection
4,
Code
2019,
is
1
amended
to
read
as
follows:
2
4.
The
division
of
labor
services
is
responsible
for
the
3
administration
of
the
laws
of
this
state
under
chapters
88
,
4
88A
,
88B
,
89
,
89A
,
89B
,
90A
,
91
,
91A
,
91C
,
91D
,
91E
,
91F,
92
,
5
and
94A
,
and
sections
73A.21
and
85.68
.
The
executive
head
of
6
the
division
is
the
labor
commissioner,
appointed
pursuant
to
7
section
91.2
.
8
Sec.
2.
Section
91.4,
subsection
2,
Code
2019,
is
amended
9
to
read
as
follows:
10
2.
The
director
of
the
department
of
workforce
development,
11
in
consultation
with
the
labor
commissioner,
shall,
at
the
12
time
provided
by
law,
make
an
annual
report
to
the
governor
13
setting
forth
in
appropriate
form
the
business
and
expense
of
14
the
division
of
labor
services
for
the
preceding
year,
the
15
number
of
remedial
actions
taken
under
chapter
89A
,
the
number
16
of
disputes
or
violations
processed
by
the
division
and
the
17
disposition
of
the
disputes
or
violations,
and
other
matters
18
pertaining
to
the
division
which
are
of
public
interest,
19
together
with
recommendations
for
change
or
amendment
of
the
20
laws
in
this
chapter
and
chapters
88
,
88A
,
88B
,
89
,
89A
,
89B
,
21
90A
,
91A
,
91C
,
91D
,
91E
,
91F,
92
,
and
94A
,
and
section
85.68
,
22
and
the
recommendations,
if
any,
shall
be
transmitted
by
the
23
governor
to
the
first
general
assembly
in
session
after
the
24
report
is
filed.
25
Sec.
3.
NEW
SECTION
.
91F.1
Meal
and
rest
periods
——
26
requirements.
27
1.
As
used
in
this
chapter,
unless
the
context
otherwise
28
requires:
29
a.
“Commissioner”
means
the
labor
commissioner
appointed
30
pursuant
to
section
91.2.
31
b.
“Employee”
means
a
natural
person
who
is
employed
in
this
32
state
for
wages
by
an
employer.
33
c.
“Employer”
means
a
person,
as
defined
in
section
4.1,
34
who
in
this
state
employs
for
wages
a
natural
person.
An
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employer
does
not
include
a
client,
patient,
customer,
or
1
other
person
who
obtains
professional
services
from
a
licensed
2
person
providing
the
services
on
a
fee
service
basis
or
as
an
3
independent
contractor.
4
2.
An
employer
shall
provide
an
employee
with
appropriate
5
meal
periods
and
appropriate
rest
periods.
6
a.
An
appropriate
meal
period
shall
be
a
period
of
not
less
7
than
thirty
minutes
during
an
employee’s
work
period
in
which
8
an
employee
works
at
least
seven
hours.
The
meal
period
shall
9
be
taken
between
the
second
and
fifth
hours.
If
an
employee
10
works
more
than
seven
hours,
the
meal
period
shall
be
taken
11
between
the
third
and
sixth
hours.
12
b.
An
appropriate
rest
period
shall
be
a
paid
period
of
13
not
less
than
ten
minutes
during
every
consecutive
four-hour
14
period
of
work
taken
by
an
employee
approximately
in
the
middle
15
of
each
four-hour
period.
The
rest
period
is
in
addition
to
a
16
meal
period,
if
applicable,
and
shall
not
be
added
to
a
meal
17
period
or
deducted
from
the
work
period
to
reduce
the
overall
18
length
of
the
total
work
period.
19
3.
An
employer
is
not
required
to
pay
for
a
meal
period
20
if
an
employee
is
free
from
work
duties
during
the
employee’s
21
entire
meal
period.
An
employee
shall
be
paid
for
the
meal
22
period
if
any
of
the
following
occur:
23
a.
The
employee
is
required
or
allowed
to
remain
on
duty.
24
b.
The
employee
is
required
to
be
on-call
at
the
work
25
premises
or
designated
worksite
in
order
to
be
available
to
26
return
to
duty
even
if
the
employee
is
not
called
back
to
duty.
27
c.
The
employee
is
called
back
to
duty
during
the
employee’s
28
meal
period
even
though
the
employee
is
not
usually
on-call
29
during
the
meal
period.
30
Sec.
4.
NEW
SECTION
.
91F.2
Meal
and
rest
periods
——
31
exemptions.
32
1.
Meal
and
rest
period
requirements
may
be
modified
by
the
33
terms
of
a
collective
bargaining
agreement
if
the
collective
34
bargaining
agreement
entered
into
by
the
employees
prescribes
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specific
terms
concerning
meal
periods
and
rest
periods.
1
2.
Meal
and
rest
period
requirements
apply
to
hourly
paid
2
and
salary-paid
employees.
Management
or
employees
involved
3
in
agricultural
jobs
are
not
required
to
have
breaks
or
meal
4
breaks.
For
the
purposes
of
this
section,
agricultural
jobs
do
5
not
include
work
in
the
production
of
seed,
limited
to
removal
6
of
off-type
plants
and
corn
tassels
and
hand-pollinating
during
7
the
months
of
June,
July,
and
August
by
persons
ages
fourteen
8
and
older.
9
3.
Meal
period
requirements
may
be
waived
if
an
employer
10
shows
that
the
ordinary
nature
and
circumstance
of
the
work
11
prevented
the
employer
from
establishing
and
maintaining
a
12
regularly
scheduled
meal
period.
The
factors
that
may
be
13
considered
regarding
the
waiver
of
the
requirements
are
limited
14
to
the
following:
15
a.
The
safety
and
health
needs
of
employees,
patients,
16
clients,
and
the
public.
17
b.
The
lack
of
other
employees
available
to
provide
relief
18
to
an
employee.
19
c.
The
cost
involved
in
shutdown
and
startup
of
machinery
in
20
continuous
operation
of
the
industrial
process.
21
d.
The
intermittent
and
unpredictable
workflow
not
22
controlled
by
the
employer
or
employee.
23
e.
Unforeseeable
equipment
failures,
emergencies,
or
acts
24
of
nature
that
require
immediate
and
uninterrupted
attention
25
by
an
employee.
26
Sec.
5.
NEW
SECTION
.
91F.3
Civil
penalties.
27
1.
Any
employer
who
violates
the
provisions
of
this
chapter
28
or
the
rules
adopted
pursuant
to
this
chapter
is
subject
to
a
29
civil
penalty
of
not
more
than
one
hundred
dollars
for
each
30
violation.
The
commissioner
may
recover
the
civil
penalty
31
according
to
subsections
2
through
5.
Any
civil
penalty
32
recovered
shall
be
deposited
in
the
general
fund
of
the
state.
33
2.
The
commissioner
may
propose
that
an
employer
be
assessed
34
a
civil
penalty
by
serving
the
employer
with
notice
of
such
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proposal
in
the
same
manner
as
an
original
notice
is
served
1
under
the
rules
of
civil
procedure.
Upon
service
of
such
2
notice,
the
proposed
assessment
shall
be
treated
as
a
contested
3
case
under
chapter
17A.
However,
to
remain
a
contested
case,
4
an
employer
must
request
a
hearing
within
thirty
days
of
being
5
served.
6
3.
If
an
employer
does
not
request
a
hearing
pursuant
7
to
subsection
2
or
if
the
commissioner
determines,
after
an
8
appropriate
hearing,
that
an
employer
is
in
violation
of
this
9
chapter
or
the
rules
adopted
pursuant
to
this
chapter,
the
10
commissioner
shall
assess
a
civil
penalty
which
is
consistent
11
with
the
provisions
of
subsection
1
and
which
is
rendered
with
12
due
consideration
for
the
penalty
amount
in
terms
of
the
size
13
of
the
employer’s
business,
the
gravity
of
the
violation,
14
the
good
faith
of
the
employer,
and
the
history
of
previous
15
violations.
16
4.
An
employer
may
seek
judicial
review
of
any
assessment
17
rendered
under
subsection
3
by
instituting
proceedings
for
18
judicial
review
pursuant
to
chapter
17A.
However,
such
19
proceedings
must
be
instituted
in
the
district
court
of
the
20
county
in
which
the
violation
or
one
of
the
violations
occurred
21
and
within
thirty
days
of
the
day
on
which
the
employer
was
22
notified
that
an
assessment
has
been
rendered.
Also,
an
23
employer
may
be
required,
at
the
discretion
of
the
district
24
court
and
upon
instituting
such
proceedings,
to
deposit
the
25
amount
assessed
with
the
clerk
of
the
district
court.
Any
26
moneys
so
deposited
shall
either
be
returned
to
the
employer
27
or
be
forwarded
to
the
commissioner
for
deposit
in
the
general
28
fund
of
the
state,
depending
on
the
outcome
of
the
judicial
29
review,
including
any
appeal
to
the
supreme
court.
30
5.
After
the
time
for
seeking
judicial
review
has
expired
31
or
after
all
judicial
review
has
been
exhausted
and
the
32
commissioner’s
assessment
has
been
upheld,
the
commissioner
33
shall
request
the
attorney
general
to
recover
the
assessed
34
penalties
in
a
civil
action.
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Sec.
6.
NEW
SECTION
.
91F.4
Duties
and
authority
of
1
commissioner.
2
1.
The
commissioner
shall
provide
further
exemptions
from
3
the
provisions
in
this
chapter
when
reasonable.
4
2.
In
order
to
carry
out
the
purposes
of
this
chapter,
the
5
commissioner
or
the
commissioner’s
designee,
upon
presenting
6
appropriate
credentials
to
the
employer
or
agent
of
the
7
employer,
may
do
any
of
the
following:
8
a.
Inspect
employment
records
relating
to
meal
and
rest
9
periods
for
employees.
10
b.
Interview
an
employer
or
employee
or
an
agent
of
11
the
employer
or
employee,
during
working
hours
or
at
other
12
reasonable
times.
13
3.
The
commissioner
shall
adopt
rules
pursuant
to
chapter
14
17A
to
administer
this
chapter.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
creates
a
new
Code
chapter
91F
that
requires
an
19
employer
to
provide
an
employee
with
appropriate
meal
periods
20
and
appropriate
rest
periods.
21
The
bill
states
that
an
appropriate
meal
period
shall
be
not
22
less
than
30
minutes
during
an
employee’s
work
period
of
at
23
least
seven
hours.
The
meal
period
is
to
be
taken
between
the
24
second
and
fifth
hours
of
the
work
or,
if
the
employee
works
25
more
than
seven
hours,
between
the
third
and
sixth
hours.
26
The
bill
states
that
an
appropriate
rest
period
shall
be
a
27
paid
period
of
not
less
than
10
minutes
during
every
four-hour
28
work
period.
The
rest
period
is
taken
in
the
middle
of
the
work
29
period.
The
rest
period
is
in
addition
to
the
meal
period
and
30
cannot
be
added
to
the
meal
period
or
deducted
from
the
work
31
period
to
reduce
the
overall
length
of
the
total
work
period.
32
The
bill
defines
an
“employee”
as
a
natural
person
who
is
33
employed
in
this
state
for
wages
by
an
employer.
An
“employer”
34
is
defined
as
a
person,
as
defined
in
Code
section
4.1,
who
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employs
a
natural
person
for
wages.
1
The
bill
provides
that
an
employer
is
not
required
to
pay
for
2
a
meal
period
if
an
employee
is
free
from
work
duties
during
3
the
employee’s
entire
meal
period.
4
The
bill
allows
three
exemptions
to
the
meal
and
rest
period
5
requirements.
The
first
exemption
is
if
the
meal
and
rest
6
period
requirements
are
modified
by
the
terms
of
a
collective
7
bargaining
agreement.
However,
the
exemption
is
valid
only
8
if
the
collective
bargaining
agreement
entered
into
by
the
9
employees
prescribes
specific
terms
concerning
meal
periods
and
10
rest
periods.
11
The
second
exemption
states
that
meal
and
rest
period
12
requirements
apply
to
hourly
paid
and
salary-paid
employees.
13
However,
management
or
employees
involved
in
certain
14
agricultural
jobs
are
not
required
to
have
breaks
or
meal
15
breaks.
16
The
third
exemption
is
if
an
employer
shows
that
the
ordinary
17
nature
and
circumstance
of
the
work
prevented
the
employer
from
18
establishing
and
maintaining
a
regular
scheduled
meal
period.
19
The
bill
provides
civil
penalties
for
violating
the
new
20
Code
chapter.
An
employer
who
violates
the
provisions
shall
21
be
subject
to
a
penalty
of
up
to
$100
for
each
violation.
The
22
labor
commissioner
may
recover
the
penalties
under
Code
chapter
23
17A
contested
case
procedures.
Any
penalties
recovered
shall
24
be
deposited
in
the
general
fund
of
the
state.
25
The
commissioner
may
propose
that
an
employer
be
assessed
a
26
penalty
by
serving
the
employer
with
notice
of
a
penalty
in
the
27
same
manner
as
an
original
notice
is
served
under
the
rules
of
28
civil
procedure.
29
The
bill
provides
the
labor
commissioner
with
the
authority
30
to
provide
further
exemptions
from
new
Code
chapter
91F
when
31
reasonable.
Also,
the
labor
commissioner
or
the
commissioner’s
32
designee
may
inspect
employment
records
relating
to
rest
33
periods
for
employees
and
interview
an
employer
or
employee
or
34
an
agent
of
the
employer
or
employee,
during
working
hours
or
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