Labor & Business Committee – Week 5, 2022

COMMITTEE ACTION:

SF 2143—Possession of firearms at work

SF 2143 provides that an employer cannot prohibit an employee from carrying, transporting or possessing a firearm (or ammunition) in their vehicle that is parked in an employer’s parking lot, as long as the possession of the firearm or ammunition is otherwise lawful under Iowa law. The definition of “employee” includes a contract employee and a volunteer. The bill provides that an employer (or owner of the property) is immune from any claim brought by a person seeking damages that are alleged to have been a result of the firearm brought onto the property by an employee.
[2/9:7-4, party-line]

SF 2148—Donated leave by state employees

SF 2148 allows a full-time or part-time employee to donate vacation and sick leave hours to the state employee’s spouse, parent, son or daughter who is also a state employee.* The vacation hours must not exceed the maximum allowable vacation hours for the eligible recipient (family member). The approval of use of donated leave must not exceed one year either on an intermittent or continuous basis for each occurrence. (*An amendment was adopted in committee to allow for the donation of leave to any state employee, not just immediate family members.)
[2/9: short form]

SSB 3096—Unemployment benefit cuts

SSB 3096 makes multiple changes to Iowa’s unemployment system, including reducing benefits and cutting the number of weeks for unemployed Iowans. The bill changes the calculation of benefits for dependents. Individuals with three or more dependents will see fewer benefits.

The current maximum number of weeks an individual can get for regular unemployment is 26 weeks. The bill reduces the maximum number of weeks to 12-16 weeks, depending on the statewide average unemployment rate. The maximum number of weeks available will be:

Unemployment rate at 4% or lower = 12 weeks

5% = 13 weeks

6% = 14 weeks

7% = 15 weeks

8%= 16 weeks

If the Governor has declared a statewide disaster emergency, the maximum number of weeks available is 20 weeks. Disasters could be for storms or public health. For those who have exhausted their benefits, an individual could be eligible for more weeks if on the date they exhaust their benefits, the statewide average unemployment has increased. The individual will receive weekly benefits to make up the difference.

The bill will reduce the number of weeks available for an unemployed Iowan who lost their job when their employer went out of business. Current law allows for a different wage credit calculation and benefit duration for people who have been laid off due to the employer going out of business. For a typical claim, 1/3 of the claimant’s wage credits are used to calculate the maximum benefit amount, and that maximum amount is for 26 weeks. For a business closing claim, the individual receives half of the wage credits for 39 weeks. The bill strikes the 39 weeks under current law. Individuals will now get between 18 and 24 weeks depending on the statewide average unemployment rate.

The bill defines “work search” as applying for a job (submitting a resume or application), interviewing for a job, taking a civil service exam and taking a military aptitude exam.

The bill requires the number of job searches based upon the amount of jobs available and posted to Iowa Workforce Development’s website. If there are more than 60,000 jobs posted, a person must complete a minimum of six work searches for each week the person applies for benefits. If there are fewer than 50,000 jobs available, a person must complete a minimum of four work searches. If a person has received six or more benefit payments, they must make half of their weekly work searches from jobs lists that Iowa Workforce gives to claimants that consist of jobs available within in a 50-mile radius of the applicant’s resident and in fields related to the most recent 10 years of the applicant’s job history.

Current law requires weekly work searches. Work search is not currently defined in Iowa Code. Iowa Workforce Development’s policy is to require four work searches (one search is considered an “activity” not a “work search”).

The bill establishes a one-week waiting period each benefit year: the first week of a claim for which a person is eligible for unemployment benefits but not paid these benefits. An individual would receive compensation for that “waiting period” week as the last payment on their regular unemployment claim. This is troubling because the maximum duration of unemployment benefits for claimants is 26 weeks. Generally, only 25% (pre-COVID) of claimants exhaust their benefits. In 2018, the average duration of benefits was 12.8 weeks. This means a claimant wouldn’t see that lost week of benefits if they went off unemployment before they exhausted their unemployment benefits. For jobless Iowans, no week is more important than the first week because most families have not had time to make financial adjustments or make progress in a job search.

The bill requires individuals who are receiving 16 or more weeks of unemployment benefits under a Governor-declared Disaster Emergency to complete at least 20 hours of civic work each week. Civic work includes roadside trash pickup, public building and park beautifications projects, and volunteering at public schools.

If Iowa Workforce Development (IWD) finds that an individual failed to accept suitable work when it was offered to the individual, IWD can disqualify the individual from unemployment. The Code lays out what is considered “suitable work” [Ch.96.5(3)]. In addition to other criteria, suitable work means a certain amount of gross weekly wages as a percentage of the individual’s average weekly wage from when the person was employed. The bill reduces the amount of wages considered for suitable work AND reduces the number of weeks when these lower wages can be offered and considered suitable work.

The bill adds a new definition of “nonparticipating workforce rate” and then requires IWD to include reference to this new term when it refers to the unemployment rate in any official written statement.

In addition to the work searches required in the bill, a person must complete a search activity each week. The bill requires IWD to conduct audits of the weekly work searches.

The bill takes effect January 1, 2023.
[2/9: 7-4, party-line]

SSB 3097—Workforce Advertising by State Agencies

SSB 3097 provides that one of the primary duties and responsibilities of Iowa Workforce Development (IWD) is to ensure that out-of-state companies (those with no physical presence in Iowa) are not be allowed to advertise jobs on any state agency Internet site or through any other means funded by an appropriation to a state agency.
[2/9: short form]

FLOOR ACTION:

SF 2190– Teens employed as pizza dough rollers

SF 2190 creates an exception to Iowa’s law prohibiting those under 18 from operating power-driven bakery machines. The bill will allow for 16 and 17-year-olds to operate power-driven pizza-dough rollers that are equipped with certain safeguards. Those under 18 are prohibited from setting up, adjusting, repairing, oiling or cleaning the machines. In addition, all the safeguards detailed in the bill must be present on the machine, operational and not overridden. The new language being added to the Code is consistent with federal child labor law.
[2/9: 46-0 (Excused: Carlin, Dawson, Johnson, Sinclair)]