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Labor & Business Relations – week of April 6, 2015

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HF 259 – Exclusion from Coverage in Workers’ Compensation

HF 286 – Direct Deposit of Wages

HF 397 – Occasional Work for Child Labor Law

 

FLOOR AND COMMITTEE ACTION:

HF 259 provides that the Workers’ Compensation Commissioner must maintain a list of corporate officers, sole proprietors and limited liability company members or partners that reject workers’ compensation coverage or that terminate their reject of the coverage. The list must be public record and is open to public inspection. Current law exempts corporate officers, sole proprietors, partners and LLC members from being required to cover themselves for workers’ compensation. The Iowa Code already creates a form for corporate officers of a corporation to exclude themselves. The bill requires the sole proprietors, etc., to sign a form. The bill provides that when a corporate officer or proprietor, limited liability company member or partner terminates the nonelection of workers’ compensation coverage by filing a notice of termination with the Workers’ Compensation Commissioner, the notice restores that person to the same status as if the nonelection coverage had not occurred. [4/7: 50-0] [4/2: short form (Bertrand, Courtney excused)]

 

COMMITTEE ACTION:

HF 286 relates to the requirement of direct deposit of wages. As amended, the bill strikes the limitation to employees hired on or after July 1, 2005, to be required to participate in direct deposit of wages (this item was in House File 286); clarifies Iowa law that an employer may pay their employees by debit or pay card; allows the employee the option of withdrawing all wages due once per pay period without incurring any charge if the withdrawal of wages is conducted at a financial institution’s office location; requires the employer to obtain advance written authorization for certain deductions; requires employers to keep a written record of the terms of employment; states that “unintentionally” failing to pay employees would no longer be a defense; requires the Commissioner, in Iowa Code, to employ wage investigators; establishes a statewide, toll-free wage theft hotline; provides that employees filing wage theft claims and co-workers who offered testimony on their behalf would be protected from retaliation under threat of penalty; allows an employer to correct honest mistakes under certain conditions without a penalty; and requires the Labor Commissioner to notify employers of these provisions by September 1, 2015. The effective date of the bill is January 1, 2016. [4/2: 6-3 (party-line; Bertrand, Courtney excused)]

 

HF 397 relates to the child labor law and defines “occasional” in Iowa Code. As amended, the bill exempts child labor permit requirements for a child at least 14 years old from working for up to six weeks per calendar year for a nonprofit organization generally recognized as education, charitable, religious or community service in nature. The prohibited occupations that are currently listed in Iowa Code 92.6 and 92.8 for 14 and 15 year olds and for those under the age of 18 still apply. Federal law is restated in the amendment to make it clear these individuals still have certain hour and time limitations. As amended, the bill requires the employer to send certain information to Iowa Workforce Development before the child begins employment: the child’s name, evidence of the age, hours schedule to work, work duties, and written permission of the parent, guardian or custodian. [4/2: short form (Bertrand, Courtney excused)]


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