91A.10 SETTLEMENT OF CLAIMS AND SUITS FOR WAGES --
PROHIBITION AGAINST DISCHARGE OF EMPLOYEE.
1. Upon the written complaint of the employee involved, the
commissioner may determine whether wages have not been paid and may
constitute an enforceable claim. If for any reason the commissioner
decides not to make such determination, the commissioner shall so
notify the complaining employee within fourteen days of receipt of
the complaint. The commissioner shall otherwise notify the employee
of such determination within a reasonable time and if it is
determined that there is an enforceable claim, the commissioner
shall, with the consent of the complaining employee, take an
assignment in trust for the wages and for any claim for liquidated
damages without being bound by any of the technical rules respecting
the validity of the assignment. However, the commissioner shall not
accept any complaint for unpaid wages and liquidated damages after
one year from the date the wages became due and payable.
2. The commissioner, with the assistance of the office of the
attorney general if the commissioner requests such assistance, shall,
unless a settlement is reached under this subsection, commence a
civil action in any court of competent jurisdiction to recover for
the benefit of any employee any wage, expenses, and liquidated
damages' claims that have been assigned to the commissioner for
recovery. The commissioner may also request reasonable and necessary
attorneys' fees. With the consent of the assigning employee, the
commissioner may also settle a claim on behalf of the assigning
employee. Proceedings under this subsection and subsection 1 that
precede commencement of a civil action shall be conducted informally
without any party having a right to be heard before the commissioner.
The commissioner may join various assignments in one claim for the
purpose of settling or litigating their claims.
3. The provisions of subsections 1 and 2 shall not be construed
to prevent an employee from settling or bringing an action for
damages under section 91A.8 if the employee has not assigned the
claim under subsection 1.
4. Any recovery of attorney's fees, in the case of actions
brought under this section by the commissioner, shall be remitted by
the commissioner to the treasurer of state for deposit in the general
fund of the state. Also, the commissioner shall not be required to
pay any filing fee or other court costs.
5. An employer shall not discharge or in any other manner
discriminate against any employee because the employee has filed a
complaint, assigned a claim, or brought an action under this section
or has cooperated in bringing any action against an employer. Any
employee may file a complaint with the commissioner alleging
discharge or discrimination within thirty days after such violation
occurs. Upon receipt of the complaint, the commissioner shall cause
an investigation to be made to the extent deemed appropriate. If the
commissioner determines from the investigation that the provisions of
this subsection have been violated, the commissioner shall bring an
action in the appropriate district court against such person. The
district court shall have jurisdiction, for cause shown, to restrain
violations of this subsection and order all appropriate relief
including rehiring or reinstatement of the employee to the former
position with back pay.
Section History: Early Form
[C77, 79, 81, § 91A.10]
Section History: Recent Form
84 Acts, ch 1270, § 3; 90 Acts, ch 1136, § 9
Referred to in § 91A.3, 91A.6
91A.10 SETTLEMENT OF CLAIMS AND SUITS FOR WAGES --
PROHIBITION AGAINST DISCHARGE OF EMPLOYEE.
1. Upon the written complaint of the employee involved, the
commissioner may determine whether wages have not been paid and may
constitute an enforceable claim. If for any reason the commissioner
decides not to make such determination, the commissioner shall so
notify the complaining employee within fourteen days of receipt of
the complaint. The commissioner shall otherwise notify the employee
of such determination within a reasonable time and if it is
determined that there is an enforceable claim, the commissioner
shall, with the consent of the complaining employee, take an
assignment in trust for the wages and for any claim for liquidated
damages without being bound by any of the technical rules respecting
the validity of the assignment. However, the commissioner shall not
accept any complaint for unpaid wages and liquidated damages after
one year from the date the wages became due and payable.
2. The commissioner, with the assistance of the office of the
attorney general if the commissioner requests such assistance, shall,
unless a settlement is reached under this subsection, commence a
civil action in any court of competent jurisdiction to recover for
the benefit of any employee any wage, expenses, and liquidated
damages' claims that have been assigned to the commissioner for
recovery. The commissioner may also request reasonable and necessary
attorneys' fees. With the consent of the assigning employee, the
commissioner may also settle a claim on behalf of the assigning
employee. Proceedings under this subsection and subsection 1 that
precede commencement of a civil action shall be conducted informally
without any party having a right to be heard before the commissioner.
The commissioner may join various assignments in one claim for the
purpose of settling or litigating their claims.
3. The provisions of subsections 1 and 2 shall not be construed
to prevent an employee from settling or bringing an action for
damages under section 91A.8 if the employee has not assigned the
claim under subsection 1.
4. Any recovery of attorney's fees, in the case of actions
brought under this section by the commissioner, shall be remitted by
the commissioner to the treasurer of state for deposit in the general
fund of the state. Also, the commissioner shall not be required to
pay any filing fee or other court costs.
5. An employer shall not discharge or in any other manner
discriminate against any employee because the employee has filed a
complaint, assigned a claim, or brought an action under this section
or has cooperated in bringing any action against an employer. Any
employee may file a complaint with the commissioner alleging
discharge or discrimination within thirty days after such violation
occurs. Upon receipt of the complaint, the commissioner shall cause
an investigation to be made to the extent deemed appropriate. If the
commissioner determines from the investigation that the provisions of
this subsection have been violated, the commissioner shall bring an
action in the appropriate district court against such person. The
district court shall have jurisdiction, for cause shown, to restrain
violations of this subsection and order all appropriate relief
including rehiring or reinstatement of the employee to the former
position with back pay.
Section History: Early Form
[C77, 79, 81, § 91A.10]
Section History: Recent Form
84 Acts, ch 1270, § 3; 90 Acts, ch 1136, § 9
Referred to in § 91A.3, 91A.6
91A.10 SETTLEMENT OF CLAIMS AND SUITS FOR WAGES --
PROHIBITION AGAINST DISCHARGE OF EMPLOYEE.
1. Upon the written complaint of the employee involved, the
commissioner may determine whether wages have not been paid and may
constitute an enforceable claim. If for any reason the commissioner
decides not to make such determination, the commissioner shall so
notify the complaining employee within fourteen days of receipt of
the complaint. The commissioner shall otherwise notify the employee
of such determination within a reasonable time and if it is
determined that there is an enforceable claim, the commissioner
shall, with the consent of the complaining employee, take an
assignment in trust for the wages and for any claim for liquidated
damages without being bound by any of the technical rules respecting
the validity of the assignment. However, the commissioner shall not
accept any complaint for unpaid wages and liquidated damages after
one year from the date the wages became due and payable.
2. The commissioner, with the assistance of the office of the
attorney general if the commissioner requests such assistance, shall,
unless a settlement is reached under this subsection, commence a
civil action in any court of competent jurisdiction to recover for
the benefit of any employee any wage, expenses, and liquidated
damages' claims that have been assigned to the commissioner for
recovery. The commissioner may also request reasonable and necessary
attorneys' fees. With the consent of the assigning employee, the
commissioner may also settle a claim on behalf of the assigning
employee. Proceedings under this subsection and subsection 1 that
precede commencement of a civil action shall be conducted informally
without any party having a right to be heard before the commissioner.
The commissioner may join various assignments in one claim for the
purpose of settling or litigating their claims.
3. The provisions of subsections 1 and 2 shall not be construed
to prevent an employee from settling or bringing an action for
damages under section 91A.8 if the employee has not assigned the
claim under subsection 1.
4. Any recovery of attorney's fees, in the case of actions
brought under this section by the commissioner, shall be remitted by
the commissioner to the treasurer of state for deposit in the general
fund of the state. Also, the commissioner shall not be required to
pay any filing fee or other court costs.
5. An employer shall not discharge or in any other manner
discriminate against any employee because the employee has filed a
complaint, assigned a claim, or brought an action under this section
or has cooperated in bringing any action against an employer. Any
employee may file a complaint with the commissioner alleging
discharge or discrimination within thirty days after such violation
occurs. Upon receipt of the complaint, the commissioner shall cause
an investigation to be made to the extent deemed appropriate. If the
commissioner determines from the investigation that the provisions of
this subsection have been violated, the commissioner shall bring an
action in the appropriate district court against such person. The
district court shall have jurisdiction, for cause shown, to restrain
violations of this subsection and order all appropriate relief
including rehiring or reinstatement of the employee to the former
position with back pay.
Section History: Early Form
[C77, 79, 81, § 91A.10]
Section History: Recent Form
84 Acts, ch 1270, § 3; 90 Acts, ch 1136, § 9
Referred to in § 91A.3, 91A.6
