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Senate
File
502
-
Introduced
SENATE
FILE
502
BY
PETERSEN
A
BILL
FOR
An
Act
requiring
certain
employers
to
include
pay
scale
1
information
in
communications
offering
employment,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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S.F.
502
Section
1.
Section
10A.202,
subsection
2,
Code
2025,
is
1
amended
to
read
as
follows:
2
2.
The
department
is
responsible
for
the
administration
of
3
the
laws
of
this
state
under
chapters
88A
,
88B
,
89
,
89A
,
90A
,
4
91A
,
91C
,
91D
,
91E
,
91F,
and
92
,
and
such
other
labor-services
5
duties
assigned
to
the
department
or
director.
6
Sec.
2.
Section
10A.204,
subsection
3,
Code
2025,
is
amended
7
to
read
as
follows:
8
3.
The
director,
in
consultation
with
the
labor
9
commissioner,
shall,
at
the
time
provided
by
law,
make
an
10
annual
report
to
the
governor
setting
forth
in
appropriate
11
form
the
business
and
expense
of
the
division
and
department
12
under
this
subchapter
for
the
preceding
year,
the
number
13
of
remedial
actions
taken
under
chapter
89A
,
the
number
of
14
disputes
or
violations
processed
by
the
division
or
department
15
and
the
disposition
of
the
disputes
or
violations,
and
other
16
matters
pertaining
to
the
division
or
department
under
this
17
subchapter
which
that
are
of
public
interest,
together
with
18
recommendations
for
change
or
amendment
of
the
laws
in
this
19
chapter
and
chapters
88
,
88A
,
88B
,
89
,
89A
,
89B
,
90A
,
91A
,
91C
,
20
91D
,
91E
,
91F,
and
92
,
and
sections
85.67A
and
85.68
,
and
the
21
recommendations,
if
any,
shall
be
transmitted
by
the
governor
22
to
the
first
general
assembly
in
session
after
the
report
is
23
filed.
24
Sec.
3.
NEW
SECTION
.
91F.1
Definitions.
25
As
used
in
this
chapter,
unless
the
context
otherwise
26
requires:
27
1.
“Director”
means
the
director
of
the
department
of
28
inspections,
appeals,
and
licensing.
29
2.
“Employee”
means
a
natural
person
employed
by
an
30
employer.
31
3.
“Employer”
means
a
person
that
employs
fifteen
or
more
32
employees
for
wages.
33
4.
“Pay
scale”
means
the
salary
or
hourly
wage
range
that
34
the
employer
reasonably
expects
to
pay
for
the
position.
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502
5.
“Position”
includes
any
position
that
may
be
filled
1
in
this
state
by
an
employee,
whether
by
in-person
or
remote
2
employment.
3
Sec.
4.
NEW
SECTION
.
91F.2
Job
posting
——
required
salary
4
information.
5
1.
An
employer
that
announces,
posts,
publishes,
or
6
otherwise
makes
known
an
advertisement,
solicitation,
or
other
7
communication
offering
employment
or
seeking
applicants
for
8
employment
shall
include
in
the
communication
the
pay
scale
9
for
each
position
for
which
employment
is
offered
or
for
which
10
applicants
are
sought.
The
pay
scale
must
be
included
in
the
11
communication
itself;
a
reference
to
another
location
where
the
12
pay
scale
can
be
found
is
not
sufficient.
13
2.
An
employer
that
engages
a
third
party
to
announce,
14
post,
publish,
or
otherwise
make
known
an
advertisement,
15
solicitation,
or
other
communication
offering
employment
or
16
seeking
applicants
for
employment
shall
comply
with
subsection
17
1
in
such
communication
or
require
that
the
third
party
do
so.
18
Sec.
5.
NEW
SECTION
.
91F.3
Civil
penalty
——
procedures.
19
1.
An
employer
that
violates
this
chapter
shall
be
subject
20
to
a
civil
penalty
of
no
less
than
one
hundred
dollars
and
no
21
more
than
ten
thousand
dollars
per
violation.
22
2.
The
director
shall
provide
written
notice
to
an
23
employer
prior
to
imposition
of
a
civil
penalty
under
this
24
section.
An
employer
may
contest
and
seek
judicial
review
of
a
25
determination
of
the
director
under
this
chapter
pursuant
to
26
chapter
17A.
27
3.
Upon
a
final
determination
of
the
director
that
an
28
employer
violated
this
chapter
and
the
conclusion
of
the
period
29
for
any
appeals,
the
director
shall
bring
an
action
in
district
30
court
to
collect
the
penalties
provided
in
this
section.
The
31
director
shall
remit
any
penalties
collected
to
the
treasurer
32
of
state
for
deposit
in
the
general
fund.
33
Sec.
6.
NEW
SECTION
.
91F.4
Enforcement
——
rules.
34
1.
The
director
shall
enforce
this
chapter.
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502
2.
The
director
shall
adopt
rules
pursuant
to
chapter
17A
to
1
administer
this
chapter.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
requires
an
employer
that
employs
15
or
more
6
employees
and
that
announces,
posts,
publishes,
or
otherwise
7
makes
known
an
advertisement,
solicitation,
or
other
8
communication
offering
employment
or
seeking
applicants
for
9
employment
to
include
in
the
communication
the
pay
scale
for
10
each
position
for
which
employment
is
offered
or
for
which
11
applicants
are
sought.
The
pay
scale
must
be
included
in
the
12
communication
itself;
a
reference
to
another
location
where
the
13
pay
scale
can
be
found
is
not
sufficient.
14
The
bill
requires
an
employer
that
employs
15
or
more
15
employees
and
that
engages
a
third
party
to
announce,
16
post,
publish,
or
otherwise
make
known
an
advertisement,
17
solicitation,
or
other
communication
offering
employment
or
18
seeking
applicants
for
employment
to
comply
with
the
bill
in
19
such
communication
or
require
the
third
party
to
do
so.
20
The
bill
defines
“pay
scale”
as
the
salary
or
hourly
wage
21
range
that
the
employer
reasonably
expects
to
pay
for
the
22
position.
The
bill
defines
“position”
to
include
any
position
23
that
may
be
filled
in
Iowa
by
an
employee,
whether
by
in-person
24
or
remote
employment.
25
The
bill
is
enforced
by
the
director
of
the
department
of
26
inspections,
appeals,
and
licensing.
An
employer
that
violates
27
the
bill
shall
be
subject
to
a
civil
penalty
of
no
less
than
28
$100
and
no
more
than
$10,000
per
violation.
The
bill
provides
29
procedures
for
collection
of
such
penalties.
30
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