Bill Text: IA HF40 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the regulation of employment agencies and employers and making penalties applicable.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-01-20 - Subcommittee, Forristall, Sheets, and Steckman. H.J. 125. [HF40 Detail]
Download: Iowa-2015-HF40-Introduced.html
House File 40 - Introduced HOUSE FILE BY HUNTER A BILL FOR 1 An Act relating to the regulation of employment agencies and 2 employers and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1275YH (1) 86 je/rj PAG LIN 1 1 Section 1. NEW SECTION. 94A.3A Employee notice. 1 2 1. An employment agency shall provide to each employee 1 3 referred for employment notice of the following: 1 4 a. The name, address, electronic mail address, and telephone 1 5 number of the following: 1 6 (1) The employment agency, or the contact information of the 1 7 employee of the employment agency facilitating the placement. 1 8 (2) The employment agency's workers' compensation carrier. 1 9 (3) The employer. 1 10 (4) The commissioner. 1 11 b. A description of the position and whether it will require 1 12 any special clothing, equipment, training, or licenses, and 1 13 any costs that will be charged to the employee for supplies or 1 14 training. 1 15 c. The designated payday, the hourly rate of pay, and 1 16 whether overtime may occur and be paid. 1 17 d. The daily starting time and anticipated end time and, if 1 18 known, the expected duration of employment. 1 19 e. Whether any meals will be provided by the employment 1 20 agency or employer and the charge for such meals, if any, to 1 21 the employee. 1 22 f. Details of the means of transportation to the work 1 23 site and any fees that will be charged to the employee by the 1 24 employment agency or employer for any transportation services. 1 25 2. An employment agency shall confirm the information in 1 26 the notice required by subsection 1 in writing and send a 1 27 copy thereof to the employee, by a method designated by the 1 28 employee, before the end of the employee's first pay period. 1 29 However, an employment agency shall send any change in the 1 30 initial terms of employment to the employee immediately. 1 31 3. The employment agency shall post in a conspicuous place 1 32 in each of the locations where it does business a notice 1 33 of the requirements of this section and the name, internet 1 34 site address, and telephone number of the commissioner. The 1 35 commissioner shall prepare and publish on the commissioner's 2 1 internet site a sample notice for use by employers that meets 2 2 the requirements of this section and, upon request, shall 2 3 facilitate the translation of the notice into a language other 2 4 than English. 2 5 4. This section shall not be construed to prohibit an 2 6 employment agency from directing an employee to employment by 2 7 telephone. However, the employment agency shall provide the 2 8 information required by subsection 1 by telephone at the same 2 9 time. 2 10 5. This section does not apply to a professional employee, 2 11 as defined in 29 U.S.C. {152, or to an employee who is a 2 12 secretary or administrative assistant whose main or primary 2 13 duties are described by the United States department of labor, 2 14 bureau of labor statistics, as involving one or more of the 2 15 following: 2 16 a. Drafting or revising correspondence. 2 17 b. Scheduling appointments. 2 18 c. Creating, organizing, and maintaining paper and 2 19 electronic files. 2 20 d. Providing information to callers or visitors. 2 21 Sec. 2. NEW SECTION. 94A.3B Transportation services. 2 22 If an employment agency or employer or a person acting 2 23 directly or indirectly in the interest of either offers 2 24 transportation services to or from a designated work site 2 25 to an employee and charges a fee for such services, the 2 26 employment agency or employer shall charge such employee not 2 27 more than the actual cost to transport such employee to or 2 28 from the designated work site. Such fee shall not exceed 2 29 three percent of such employee's total daily wages and shall 2 30 not reduce the employee's total daily wages below the minimum 2 31 wage earned for the day. If an employment agency or employer 2 32 or a person acting directly or indirectly in the interest of 2 33 either requires the use of such services by an employee, a 2 34 fee shall not be charged to the employee for such services. 2 35 If an employment agency or employer provides transportation 3 1 services to a designated work site to an employee on a day when 3 2 employment is not available, the employment agency or employer 3 3 shall fully refund any fee charged to the employee for such 3 4 services. 3 5 Sec. 3. Section 94A.4, subsection 4, Code 2015, is amended 3 6 by adding the following new paragraphs: 3 7 NEW PARAGRAPH. g. Refer an employee for employment by force 3 8 or fraud, for illegal purposes, or where the employment is in 3 9 violation of state or federal law. 3 10 NEW PARAGRAPH. h. Refer an employee for employment at any 3 11 location that is on strike or lockout without first notifying 3 12 the employee of such fact. 3 13 Sec. 4. Section 94A.4, Code 2015, is amended by adding the 3 14 following new subsections: 3 15 NEW SUBSECTION. 5. An employment agency or employer shall 3 16 not charge or accept a fee from an employee for the following: 3 17 a. Any good or service unless under the terms of a written 3 18 contract with the employee, which clearly states in a language 3 19 the employee can understand that the purchase is voluntary and 3 20 which provides that the employment agency or employer will not 3 21 gain a profit from any cost or fee charged to the employee. 3 22 b. The provision of a bank card, debit card, payroll card, 3 23 voucher, draft, money order, or similar form of payment or 3 24 wages that exceeds the actual cost per employee. 3 25 c. Any drug test. 3 26 d. Any criminal history background check. 3 27 e. Transportation, except as provided in section 94A.3B. 3 28 f. Any good or service the payment for which would cause the 3 29 employee to earn less than the applicable minimum wage. 3 30 NEW SUBSECTION. 6. An employment agency or employer or 3 31 a person acting directly or indirectly in the interest of 3 32 either shall not deduct any costs or fees from the wages of 3 33 an employee without the express written authorization of the 3 34 employee. An employment agency or employer shall furnish to 3 35 the employee a copy of the signed authorization in a language 4 1 the employee can understand. 4 2 NEW SUBSECTION. 7. An employment agency or employer shall 4 3 not refuse to return on demand any personal property belonging 4 4 to an employee or any fee or cost that is charged to the 4 5 employee or accepted by the employment agency or employer in 4 6 excess of the amounts allowable under this chapter. 4 7 EXPLANATION 4 8 The inclusion of this explanation does not constitute agreement with 4 9 the explanation's substance by the members of the general assembly. 4 10 This bill makes various modifications to Code chapter 4 11 94A, which provides for regulation of employment agencies in 4 12 this state by the labor commissioner. "Employment agency" 4 13 is defined as a person who brings together those desiring to 4 14 employ and those desiring employment and who receives a fee, 4 15 privilege, or other consideration directly or indirectly from 4 16 an employee for the service. 4 17 The bill requires an employment agency to provide to each 4 18 employee referred for employment notice of certain information 4 19 relating to the employment. The required information must be 4 20 confirmed in writing and sent to the employee before the end 4 21 of the employee's first pay period by an employment agency, 4 22 but any change to the initial terms of employment must be sent 4 23 immediately. 4 24 The bill requires an employment agency to post in each of the 4 25 locations where it does business notice of the requirements of 4 26 the bill and contact information for the labor commissioner. 4 27 The bill requires the labor commissioner to prepare a sample 4 28 notice for use by employers. 4 29 The notice requirements do not prohibit an employment agency 4 30 from directing an employee to employment by telephone, if the 4 31 employment agency also provides the required notification at 4 32 the same time. The notification requirements do not apply to 4 33 a professional employee as defined in federal law or to an 4 34 employee who is a secretary or administrative assistant who has 4 35 certain duties. 5 1 The bill places certain limitations on the fees an 5 2 employment agency or employer can charge an employee for 5 3 transportation services to or from a designated work site. 5 4 The bill prohibits an employment agency from referring 5 5 an employee for employment by force or fraud, for illegal 5 6 purposes, or where the employment is in violation of state or 5 7 federal law. The bill prohibits an employment agency from 5 8 referring an employee for employment at any location that is 5 9 on strike or lockout without first notifying the employee of 5 10 such fact. 5 11 The bill prohibits an employment agency or employer from 5 12 charging or accepting a fee from an employee for any good or 5 13 service unless under the terms of a written contract with the 5 14 employee; the provision of a bank card, debit card, or similar 5 15 form of payment or wages that exceeds the actual cost per 5 16 employee; any drug test; any criminal history background check; 5 17 transportation, except as provided in the bill; or any good or 5 18 service the payment for which would cause the employee to earn 5 19 less than the applicable minimum wage. 5 20 The bill prohibits an employment agency or employer from 5 21 deducting any costs or fees from the wages of an employee 5 22 without the express written authorization of the employee. 5 23 The bill prohibits an employment agency or employer from 5 24 refusing to return on demand any personal property belonging to 5 25 an employee or any fee or cost that is charged to the employee 5 26 or accepted by the employment agency or employer in excess of 5 27 the amounts allowable under Code chapter 94A. 5 28 A violation of Code chapter 94A is a simple misdemeanor and 5 29 is also cause for a civil penalty in an amount up to $2,000. 5 30 A simple misdemeanor is punishable by confinement for no more 5 31 than 30 days or a fine of at least $65 but not more than $625 5 32 or by both. 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