Bill Text: IA HF696 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to enforcement of the Iowa wage payment collection law.
Spectrum: Partisan Bill (Democrat 32-0)
Status: (Introduced) 2023-04-10 - Introduced, referred to Labor and Workforce. H.J. 781. [HF696 Detail]
Download: Iowa-2023-HF696-Introduced.html
House
File
696
-
Introduced
HOUSE
FILE
696
BY
KONFRST
,
FORBES
,
BAGNIEWSKI
,
CAHILL
,
CROKEN
,
WILSON
,
COOLING
,
BAETH
,
LEVIN
,
TUREK
,
STAED
,
AMOS
JR.
,
SCHEETZ
,
KURTH
,
NIELSEN
,
BUCK
,
WESSEL-KROESCHELL
,
STECKMAN
,
MATSON
,
WILBURN
,
JAMES
,
GAINES
,
MADISON
,
JACOBY
,
KRESSIG
,
EHLERT
,
BROWN-POWERS
,
B.
MEYER
,
SRINIVAS
,
ISENHART
,
OLSON
,
and
SCHOLTEN
A
BILL
FOR
An
Act
relating
to
enforcement
of
the
Iowa
wage
payment
1
collection
law.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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696
Section
1.
Section
91.4,
Code
2023,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
7.
The
commissioner
shall
place
a
high
3
priority
on
investigation
of
possible
violations
of
chapter
91A
4
and
enforcement
of
chapter
91A.
5
Sec.
2.
Section
91A.9,
subsections
1
and
2,
Code
2023,
are
6
amended
to
read
as
follows:
7
1.
The
commissioner
shall
administer
and
enforce
the
8
provisions
of
this
chapter
.
The
commissioner
may
shall
hold
9
hearings
and
investigate
charges
of
violations
of
this
chapter
.
10
2.
The
commissioner
may,
consistent
with
due
process
of
law,
11
enter
any
place
of
employment
to
inspect
records
concerning
12
wages
and
payrolls,
to
question
the
employer
and
employees,
and
13
to
investigate
such
facts,
conditions,
or
matters
as
are
deemed
14
appropriate
in
determining
whether
any
person
has
violated
15
the
provisions
of
this
chapter
.
However,
such
entry
by
the
16
commissioner
shall
only
be
in
response
to
a
written
complaint.
17
Sec.
3.
Section
91A.10,
subsection
1,
Code
2023,
is
amended
18
to
read
as
follows:
19
1.
Upon
the
written
complaint
of
the
employee
involved,
the
20
commissioner
may
determine
whether
wages
have
not
been
paid
21
and
may
constitute
an
enforceable
claim.
If
for
any
reason
22
the
commissioner
decides
not
to
make
such
determination,
the
23
commissioner
shall
so
notify
the
complaining
employee
within
24
fourteen
days
of
receipt
of
the
complaint.
The
commissioner
25
shall
otherwise
notify
the
employee
of
such
determination
26
within
a
reasonable
time
and
if
.
The
commissioner
may
make
27
such
a
determination
based
upon
the
commissioner’s
own
28
investigation
and
may
initiate
an
investigation
based
on
an
29
anonymous
complaint
or
without
receipt
of
a
complaint.
If
30
it
is
determined
that
there
is
an
enforceable
claim,
the
31
commissioner
shall,
with
the
consent
of
the
complaining
or
32
affected
employee,
take
an
assignment
in
trust
for
the
wages
33
and
for
any
claim
for
liquidated
damages
without
being
bound
34
by
any
of
the
technical
rules
respecting
the
validity
of
the
35
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H.F.
696
assignment.
However,
the
commissioner
shall
not
accept
any
1
complaint
for
unpaid
wages
and
liquidated
damages
after
one
2
year
from
the
date
the
wages
became
due
and
payable.
3
Sec.
4.
Section
91A.12,
subsections
1
and
2,
Code
2023,
are
4
amended
to
read
as
follows:
5
1.
Any
employer
who
violates
the
provisions
of
this
6
chapter
or
the
rules
promulgated
under
it
shall
be
subject
to
7
a
civil
money
penalty
of
not
more
than
five
hundred
dollars
8
per
pay
period
for
each
violation.
The
commissioner
may
shall
9
recover
such
civil
money
penalty
according
to
the
provisions
10
of
subsections
2
through
5
.
Any
civil
money
penalty
recovered
11
shall
be
deposited
in
the
general
fund
of
the
state.
12
2.
The
commissioner
may
shall
propose
that
an
employer
be
13
assessed
a
civil
money
penalty
by
serving
the
employer
with
14
notice
of
such
proposal
in
the
same
manner
as
an
original
15
notice
is
served
under
the
rules
of
civil
procedure.
Upon
16
service
of
such
notice,
the
proposed
assessment
shall
be
17
treated
as
a
contested
case
under
chapter
17A
.
However,
an
18
employer
must
request
a
hearing
within
thirty
days
of
being
19
served.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
Code
chapter
91A,
the
Iowa
wage
payment
24
collection
law.
25
The
bill
requires
the
labor
commissioner
to
place
a
high
26
priority
on
investigation
of
possible
violations
of
Code
27
chapter
91A
and
enforcement
of
Code
chapter
91A.
The
bill
28
strikes
language
providing
that
the
commissioner
shall
only
29
enter
a
workplace
to
determine
whether
Code
chapter
91A
has
30
been
violated
in
response
to
a
written
complaint.
The
bill
31
provides
that
the
commissioner
may
make
a
determination
32
on
whether
Code
chapter
91A
has
been
violated
based
upon
33
the
commissioner’s
own
investigation
and
may
initiate
an
34
investigation
based
on
an
anonymous
complaint
or
without
35
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