Labor & Business Committee – Week 10, 2021


SF 361—Private Sector Drug Testing

SF 361  makes changes to the private sector employee drug testing, Iowa Code section 730.5. The bill, as amended on the floor, changes the way an employer provides notification to an employee. Current law requires written notifications to be delivered in-person or by certified mail, return receipt requested. This bill now allows the employee to make a choice on how they want the notifications, either by in-person; certified mail, return receipt requested; or electronic notifications.

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 aggrieved employee or prospective employee to show that an employer violated this Code section. The aggrieved employee or prospective employee must a preponderance of evidence that a violation of this Code section directly caused any damages for which affirmative relief is sought. In addition to the “preponderance” standard, the aggrieved employee must show the violation “directly” caused any damages.
[3/17: 30-17 (No: Democrats; Excused: Goodwin, Hogg, Nunn)]