SF 361/SSB 1055 makes changes to the private sector employee drug testing, Iowa Code section 730.5. The bill, as amended in committee, changes the way an employer provides notification to an employee. Current law requires written notifications to be delivered by certified mail, return receipt requested. Under this bill, an employer can notify an employee by electronic notification, in addition to the in-person and certified mail.
The bill makes changes to the definition of “safety-sensitive position,” allowing the position to be designated by the employer.
The bill also provides that attorney fees awarded to an aggrieved employee or prospective employee as part of affirmative relief to the employee under this Code section must be reasonable.
The bill shifts the burden to the employee and adds a higher standard for an aggrieved employee or prospective employee to show that an employer violated this Code section. The aggrieved employee or prospective employee must provide clear and convincing evidence that a violation of this Code section directly caused any damages for which affirmative relief is sought. In addition to the “clear and convincing” standard, the aggrieved employee must show the violation “directly” caused any damages.
[2/11: 7-4, party-line]
SF 362/SSB 1030 requires an employer to treat an employee who adopts a child (up to 18 years of age) the same way as the employer treats an employee who is the biological parent of a newborn child for the purposes of employment policies, benefits and protections for the first year of adoption.
[2/11: short form]