General Assembly: 81 (2006 Regular GA) - Chapter 1083 - Wage payment deposit and payday statement information


Published: 2006-04-21

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

193 LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSION CH. 1083

CH. 1082CH. 1082

CHAPTER 1082

FAILURE TO STOP AND RENDER AID AT MOTOR VEHICLE ACCIDENTS — PENALTIES

H.F. 2398

AN ACT relating to criminal penalties for a driver convicted of failure to stop and render aid at the scene of a motor vehicle accident.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 321.261, Code 2005, is amended by adding the following new subsec- tion: NEWSUBSECTION. 3. Notwithstanding subsection 2, any person failing to stopor to com-

plywith the requirements in subsection 1, in the event of an accident resulting in a serious inju- ry to any person, is guilty upon conviction of an aggravated misdemeanor. For purposes of this section, “serious injury” means as defined in section 702.18.

Sec. 2. Section 321.261, subsection 3, Code 2005, is amended to read as follows: 3. 4. Aperson failing to stop or to complywith the requirements in subsection 1, in the event

of an accident resulting in the death of a person, is guilty upon conviction of an aggravated misdemeanor a class “D” felony.

Sec. 3. Section 902.12, subsection 6, Code 2005, is amended to read as follows: 6. Vehicular homicide in violation of section 707.6A, subsection 1 or 2, if the personwas also

convicted under section 321.261, subsection 3 4, based on the same facts or event that resulted in the conviction under section 707.6A, subsection 1 or 2.

Approved April 21, 2006

_________________________

CH. 1083CH. 1083

CHAPTER 1083

WAGE PAYMENT DEPOSIT AND PAYDAY STATEMENT INFORMATION

H.F. 2508

AN ACT relating to direct deposit of wages and creating an exception to the payday informa- tion employers are required to provide each employee under the Iowa wage payment col- lection law and providing for retroactive applicability.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 91A.3, subsection 3, unnumbered paragraph 1, Code Supplement 2005, is amended to read as follows: The wages paid under subsection 1 shall be sent to the employee by mail or be paid at the

employee’s normal place of employment during normal employment hours or at a place and hourmutually agreed upon by the employer and employee, or the employeemay elect to have the wages sent for direct deposit, on or by the regular payday of the employee, into a financial institution designated by the employee. An employer shall not require a current employee to participate in direct deposit. The employer employee hired on or after July 1, 2005, may

194LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSIONCH. 1083

require be required, as a condition of hire employment, a newemployee to sign up for topartic- ipate in direct deposit of the employee’s wages in a financial institution of the employee’s choice unless any of the following conditions exist:

Sec. 2. Section 91A.3, subsection 3, Code Supplement 2005, is amended by adding the fol- lowing new unnumbered paragraph after paragraph c: NEWUNNUMBEREDPARAGRAPH. If the employer fails to send an employee’s wages for

direct deposit on or by the regular payday in accordance with this subsection, the employer is liable for the amount of any overdraft charge if the overdraft is created on the employee’s account because of the employer’s failure to send the wages on or by the regular payday.

Sec. 3. Section 91A.6, subsection 4, Code Supplement 2005, is amended to read as follows: 4. On each regular payday, the employer shall send to each employee by mail or shall pro-

vide at the employee’s normal place of employment during normal employment hours a state- ment showing the hours the employeeworked, thewages earned by the employee, and deduc- tions made for the employee. However, the employer need not provide information on hours worked for employees who are exempt from overtime under the federal Fair Labor Standards Act, as defined in 29 C.F.R. pt. 541, unless the employer has established a policy or practice of paying to or on behalf of exempt employees overtime, a bonus, or a payment based on hours worked, whereupon the employer shall send or otherwise provide a statement to the exempt employees showing the hours the employee worked or the payments made to the employee by the employer, as applicable. An employer who provides each employee access to view an electronic statement of the employee’s earnings and provides the employee free and unre- stricted access to a printer to print the employee’s statement of earnings, if the employee chooses, is in compliance with this subsection.

Sec. 4. RETROACTIVE APPLICABILITY. The section of this Act which amends section 91A.3, subsection 3, unnumbered paragraph 1, is retroactively applicable to July 1, 2005, for employees hired on or after that date.

Approved April 21, 2006

_________________________

CH. 1084CH. 1084

CHAPTER 1084

CRIMINAL INDICTMENTS OR INFORMATIONS — STATUTES OF LIMITATIONS

H.F. 2624

AN ACT extending the statute of limitations for the filing of an indictment or information in a felony or aggravated or serious misdemeanor proceeding involving DNA profiling.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 802.3, Code 2005, is amended to read as follows: 802.3 FELONY — AGGRAVATED OR SERIOUS MISDEMEANOR. In all cases, except those enumerated in sections section 802.1, 802.2, and 802.2A, or 802.10,

an indictment or information for a felonyor aggravatedor seriousmisdemeanor shall be found within three years after its commission.