Text: HSB247            Text: HSB249


House Study Bill 248

HOUSE FILE BY (PROPOSED COMMITTEE ON LABOR BILL BY CHAIRPERSON OLSON) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act prohibiting employers from infringing on employees' 2 political activities after work hours and if not using company 3 resources. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2446HC 83 6 ak/nh/5 PAG LIN 1 1 Section 1. NEW SECTION. 730.6 EMPLOYEE POLITICAL 1 2 EXPRESSION RIGHTS. 1 3 1. An employer shall not discharge, discipline, sanction, 1 4 or otherwise penalize, or threaten to discharge, discipline, 1 5 sanction, or otherwise penalize an employee because the 1 6 employee participates in political activity or political 1 7 expression if the political activity or political expression 1 8 takes place outside of work hours, off of the employer's 1 9 property, and does not involve the use of the employer's 1 10 property, or for political signage on an employee's personal 1 11 vehicle. 1 12 2. Subsection 1 does not apply to any provision of law or 1 13 an employment policy that prohibits employees from 1 14 participating in political activity or political expression, 1 15 including political signage on a personal vehicle, due to the 1 16 nature or scope of their employment. 1 17 3. An employee alleging to be aggrieved by a violation of 1 18 this section may file a civil action within ninety days after 1 19 the date of the alleged violation in a court of competent 1 20 jurisdiction in the county where the violation is alleged to 1 21 have occurred or where the employer has its principal office. 1 22 The court may award a prevailing employee all appropriate 1 23 relief, including reinstatement, back pay, and reestablishment 1 24 of any employee benefits to which the employee would otherwise 1 25 have been eligible if such violation had not occurred. The 1 26 court shall award a prevailing employee treble damages in an 1 27 amount up to three times the amount of all other damages 1 28 awarded, reasonable attorney fees, and costs. 1 29 4. This section shall not be construed to limit an 1 30 employee's right to bring any other action allowed by law 1 31 against an employer for wrongful termination or to diminish or 1 32 impair the rights of a person under a collective bargaining 1 33 agreement. 1 34 EXPLANATION 1 35 This bill prohibits employers from discharging, 2 1 disciplining, sanctioning, or otherwise penalizing or 2 2 threatening to do any of these acts because an employee 2 3 participates in political activity or political expression if 2 4 the political activity or political expression takes place 2 5 outside of work hours, off of the employer's property, and 2 6 does not involve the use of the employer's property, or for 2 7 political signage on an employee's personal vehicle. The bill 2 8 does not apply to any provision of law or employment policy 2 9 that prohibits employees from participating in political 2 10 activity or political expression, including political signage 2 11 on a personal vehicle, due to the nature or scope of their 2 12 employment. 2 13 An employee who has been aggrieved by a violation by an 2 14 employer may file a civil action against the employer for back 2 15 pay, reinstatement, reestablishment of benefits, treble 2 16 damages up to three times the amount of all other damages 2 17 awarded, attorney fees, and costs. 2 18 LSB 2446HC 83 2 19 ak/nh/5
Text: HSB247            Text: HSB249