ARC 8265C - Iowa Administrative Rules

Notice of Intended Action

Wage discrimination, ch 36

Untitled document

ARC 8265C

LABOR SERVICES DIVISION[875]

Notice of Intended Action

Proposing rulemaking related to wage claims
and providing an opportunity for public comment

The Labor Services Division hereby proposes to rescind Chapter 36, “Discrimination Against Employees,” and to adopt a new Chapter 36, “Wage Discrimination,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 91A.9.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Executive Order 10.

Purpose and Summary

This rulemaking in accordance with Executive Order 10 proposes a new Chapter 36 that provides procedures for investigating wage discrimination when an employer has unlawfully sanctioned an employee for cooperating with Iowa Code chapter 91A complaints.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 4, 2024. A public hearing was held on the following date(s):

●September 24, 2024

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Division no later than 4:30 p.m. on November 20, 2024. Comments should be directed to:

Mitchell Mahan
Labor Services Division
6200 Park Avenue
Des Moines, Iowa 50321
Phone: 515.443.1051
Email: mitchell.mahan@dia.iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

November 19, 2024 8:30 to 9 a.m.	Ledges Conference Room 6200 Park Avenue, Suite 100 Des Moines, Iowa
November 20, 2024 8:30 to 9 a.m.	Ledges Conference Room 6200 Park Avenue, Suite 100 Des Moines, Iowa

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Division and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rulemaking action is proposed:

ITEM 1.Rescind 875—Chapter 36 and adopt the following new chapter in lieu thereof:

CHAPTER 36

WAGE DISCRIMINATION

875—36.1(91A) Definitions.

“Director” means the director of the department of inspections, appeals, and licensing or the director’s designee.

“The Act” means Iowa Code chapter 91A.

875—36.2(91A) General requirements. An employer shall not discharge or in any manner discriminate against any employee because the employee has:

1.Filed any complaint under or related to the Act;

2.Assigned a wage claim to the director;

3.Instituted or caused to be instituted any proceeding under or related to the Act;

4.Cooperated in bringing any action against an employer under or related to the Act;

5.Exercised on the employee’s behalf or on behalf of others any right afforded by the Act.

875—36.3(91A) Unprotected activities distinguished.

36.3(1) Wage discrimination occurs when an employer engages in adverse action because the employee engaged in a protected activity. An employee’s engagement in activities protected by the Act does not automatically render the employee immune from adverse action dictated by nonprohibited considerations.

36.3(2) A violation exists if the protected activity was a substantial reason for the action, or if the discharge or other adverse action would not have taken place “but for” engagement in the protected activity.

875—36.4(91A) Complaint under or related to the Act. Discharge or discriminatory actions to an employee because the employee has filed a wage claim or asserted in good faith rights covered by the Act are prohibited.

875—36.5(91A) Proceedings related to the Act. Discharge of or discrimination against any employee because the employee has cooperated in bringing any action against an employer related to the Act is prohibited. Protection under the Act would extend to any statements given in the course of judicial, quasi-judicial, and administrative proceedings, including inspections, investigations, or adjudicative functions.

875—36.6(91A) Filing of complaint for discrimination or discharge.

36.6(1) Any employee who believes that discrimination in violation of Iowa Code section 91A.10(5) has occurred may, within 30 days after the violation occurs, lodge a complaint with the director alleging the violation. No particular form is required. If, as a result of the investigation, the director determines that Iowa Code section 91A.10(5) has been violated, civil action may be instituted in any appropriate district court to restrain the violations and to obtain other appropriate relief.

36.6(2) Complaints not filed within 30 days of an alleged violation will ordinarily be presumed to be untimely. However, there may be circumstances that would justify tolling of the 30-day period on recognized equitable principles or because of strongly extenuating circumstances.

875—36.7(91A) Decision of the director.

36.7(1) Upon receipt of all requested information, the director may determine the employee’s complaint alleging discharge or discrimination is enforceable and notify the employee of that determination.

36.7(2) Upon a determination that the employee’s complaint alleging discharge or discrimination is enforceable, the director will notify the employer of that determination in writing and afford the employer an opportunity to tender settlement within 14 days of the writing prior to initiating judicial proceedings.

36.7(3) Upon a determination that the employee’s complaint alleging discharge or discrimination is unenforceable, the director shall notify the employee of that decision in writing. The employee shall have 14 days from the date of the written notification to appeal the decision to the director. If the appeal is not made in writing within the 14-day period, then the employee loses the right to appeal the unenforceable decision.

These rules are intended to implement Iowa Code section 91A.10(5).