398-9.5 Family leave data collection system; establishment.
§398-9.5 Family leave data collection system; establishment. (a) There is established a family leave data collection system to: (1) Ensure that all employees covered by the benefits of this chapter are informed of their rights under this chapter and their names are entered into the database upon application for benefits; (2) Collect pertinent data, consistent […]
398-10 Applicability.
§398-10 Applicability. (a) Section 398-3 shall set a minimum standard that is not intended to replace family leave policies that exist as of the effective date of this Act and that provide for equal or greater employment benefits than those benefits afforded under this chapter. (b) Nothing in this chapter shall be construed to modify, […]
398-11 Rules.
§398-11 Rules. Subject to chapter 91, the director may adopt rules necessary for the enforcement and administration of this chapter. The rules shall have the force and effect of law. [L 1993, c 152, §1]
398-21 Filing of complaint.
§398-21 Filing of complaint. (a) Any individual claiming to be aggrieved by an alleged unlawful act may file with the department a verified complaint in writing. (b) The attorney general or the department, in like manner, may file a complaint on behalf of an individual. (c) A complaint may be filed on behalf of a […]
398-22 Predetermination settlement.
§398-22 Predetermination settlement. At any time after the filing of a complaint, but prior to a determination by the department that this chapter has been violated, the parties may agree to resolve the complaint through a predetermination settlement. [L 1995, c 154, pt of §3]
398-23 Investigation and conciliation.
§398-23 Investigation and conciliation. (a) The department may investigate and conciliate any complaint filed under this chapter. (b) Every employer shall furnish or provide to the department access to records, documents, and other material to determine compliance with this chapter. The department shall have the right to examine, photograph, or copy the material and interview […]
398-24 Appeal and hearing.
§398-24 Appeal and hearing. (a) Upon appeal by the employer, the order issued by the department shall be subject to a de novo review by a hearings officer appointed by the director. (b) The hearings officer shall schedule a contested case hearing that shall be heard in accordance with chapter 91. (c) At any time […]
398-25 Civil action.
§398-25 Civil action. (a) If an employer fails or neglects to comply with the: (1) Final order of the department from which no appeal has been taken as provided by this chapter; or (2) Final decision of the hearings officer, the department or the affected employee may apply to any court of competent jurisdiction to […]
398-26 Remedies.
§398-26 Remedies. (a) In addition to all employment terms and benefits provided under section 398-7, remedies prescribed and ordered by the department or the court under this chapter may include any legal, equitable, and other relief the department or court deems appropriate. (b) Relief under this section may include: (1) The amount of any wages, […]
398-27 Notice of right to sue and employee remedies.
§398-27 Notice of right to sue and employee remedies. (a) The department may issue a notice of right to sue. Within ninety days after the receipt of a notice of right to sue, the complainant may bring a civil action under this chapter. The department may intervene in a civil action brought pursuant to this […]