Compliance Stuff

The Iowa drug testing statute (Iowa Code § 730.5) became more employer friendly effective July 1, 2025. Although the Iowa drug testing law remains one of the most technically challenging in the country, the  changes  will make it easier for employers to defend lawsuits. Burden of Proof The Iowa drug testing law previously required employers to prove that the requirements of the drug testing law were met in the event an employee alleged a violation . The amendments state that an aggrieved employee or applicant “has the burden of establishing by a preponderance of the evidence that a violation … directly caused any damages for which affirmative relief is sought.” The amendments provide that “[a]n employer” who violates the law or aids in the violation is liable to an aggrieved employee or prospective employee. Previously, the law permitted claims against “[a] person” who violated the law or aided in the violation. The amendments also qualify that attorney’s fees awarded to an ...

  States and cities are as busy as ever passing new workplace regulations throughout the calendar year. Here is our mid-year report summarizing the notable labor and employment laws that take effect from roughly July through October.  Iowa Bill / Ordinance / Regulation Main Topic Summary Effective Date Iowa HB 248 (HB26)   Employment Policies Requires employers to treat employees who adopt a child the same as biological parents for purposes of employment policies, benefits, and protections. 7/1/2025 Iowa SB 377 Employment Classification Prohibits the consideration of the deployment, implementation, or use of a motor carrier safety improvement when determining a person's employment status. 7/1/2025 Iowa SB 418 (HB583) Gender Identity Defines “sex,” “female,” “male,” and related terms; removes gender identity from protected classifications. 7/1/2025 Iowa HB 767 (SB 110) Drug Testing Provides that notification of a positive drug test may be given in person or sent electronic...

On May 19, 2025, Iowa Governor Kim Reynolds signed  House File 248 , which requires employers to treat adoptive parents the same as biological parents under certain circumstances.   Specifically, if an employee adopts a child up to six years of age, an employer must treat the employee “in the same manner as an employee who is the biological parent of a newborn child for purposes of employment policies, benefits, and protections for the first year of the adoption.” The law defines adoption as the “permanent placement in this state of a child by the Department of Health and Human Services, by a licensed agency under chapter 238 [child-placing agencies ], by an agency that meets the provisions of the interstate compact in section 232.158, or by a person making an independent placement according to the provisions of chapter 600.” The law does not require employers to provide disability leave to an employee without a qualifying disability under an employer’s disability policies ....

  Utah, West Virginia, and Wyoming recently passed laws aligning with recent executive orders issued by President Donald Trump defining sex as binary and immutable. Quick Hits Utah, West Virginia, and Wyoming lawmakers recently enacted state laws recognizing only two genders, male and female. The state legislators acted after President Donald Trump issued an executive order establishing that the federal government’s new policy is to recognize only two sexes, male and female, despite contravening federal law. The three states restrict transgender and nonbinary individuals from using public school bathrooms and locker rooms that align with their gender identity. Utah, West Virginia, and Wyoming joined  Iowa  and other states in passing state laws redefining gender as binary (e.g., male and female only) and immutable, thus attempting to reject governing Supreme Court of the United States case law recognizing gender identity as a protected characteristic under Title VII of t...