Iowa Administrative Code

2203.2(1) Purpose and scope. a. These standards are measures of some of those criteria found in Iowa Code sections 10A.714(1) “a” through “q” and 10A.714(3). Criteria that are measured by a standard are cited in parentheses following each standard. b. Certificate of need applicat…

2203.3(1) Purpose and scope. a. These standards provide guidelines to assist the council in applying those criteria in Iowa Code sections 10A.714(1)“a” through “r” and 10A.714(3). Criteria that are measured by a standard are cited in parentheses following each standard. b. Certif…

2203.4(1) Purpose and scope. a. These standards are measures of some of those criteria in Iowa Code section 10A.714(1)“a” through “l.” Criteria that are measured by a standard are cited in parentheses following each standard. b. Certificate of need applications that are to be eva…

2203.5(1) Purpose and scope. a. These standards are measures of criteria found in Iowa Code section 10A.714(1)“a” through “g.” Criteria that are measured by a standard are cited in parentheses following each standard. b. Certificate of need applications that are to be evaluated a…

221.1(1) An employer may, in writing, apply to the commissioner for a waiver for less stringent sign posting requirements. 221.1(2) The employer has the burden of proof to show that compliance imposes an undue hardship and that the less stringent sign posting requirements as prop…

221.2(1) In instances where the posting of a sign for each hazardous chemical would be ambiguous or repetitive or where space is limited by the physical characteristics of the structure, or in situations, such as in a building, structure, or location where a wide variety of mater…

local fire department a list of hazardous chemicals that the employer’s facility consistently generates, uses, stores, or transports. The employer shall submit updated information as it becomes available to the employer. 221.3(1) This rule applies to any amount of a hazardous che…

this chapter, the fire chief in the jurisdiction of the employer may file a written complaint with the commissioner. [ARC 8752C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

the fire chief and immediately issue a notice of noncompliance to the employer. 221.5(1) Opportunity for hearing. The notice of noncompliance shall be sent by certified mail and set forth that the employer may have an opportunity to be heard upon demand by the employer. In the ev…

“Claimant” means an employee who has submitted a wage claim form to the labor director. “Director” means the director of the department of inspections, appeals, and licensing or the director’s designee. “Employee” includes a former employee and does not include an independent con…

wage claim to the director, the claimant shall so notify the director in writing prior to commencing it. [ARC 8746C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

225.3(1) Wage claim form. An aggrieved employee shall supply such information as required by the director to commence the investigation of a claim. The claimant shall certify by signature that such information is true to the best of the claimant’s knowledge and belief. A claim fo…

225.4(1) Receipt of wage claim form. Upon receipt by the director of a completed and signed wage claim form, the director will review the claim. The director’s review is not a contested case as defined in Iowa Code chapter 17A. 225.4(2) Employer notification of wage claim. The di…

225.5(1) Settlement opportunity. The director will, in writing, afford the employer an opportunity to tender settlement 14 days prior to commencing a legal action. 225.5(2) Counterclaims. The director will not represent claimants on counterclaims or other legal actions brought by…

of an affected employee or based on other credible information, seek to recover civil money penalties for violation(s) of Iowa Code chapter 91A. [ARC 8681C, IAB 12/25/24, effective 1/29/25; Editorial change: IAC Supplement 7/9/25]

227.2(1) Prior to initiating a contested case proceeding, the director will, in writing, request written information from the complaining employee(s). This request for written information may be omitted for good cause, including urgent circumstances or the possession of sufficien…

227.3(1) The director will assess the penalty with due consideration for the size of the employer’s business, the gravity of the violation(s), the good faith of the employer, and the history of previous violations by granting appropriate penalty reductions. 227.3(2) The gross pen…

normally request, in writing, that the employer enter into settlement negotiations. This request may be omitted for good cause, including urgent circumstances or reasonable belief that the employer will not comply with the relevant section(s) of Iowa Code chapter 91A as part of a…

227.5(1) To initiate an Iowa Code chapter 17A contested case proceeding, the director will serve a notice of penalty assessment in a manner consistent with service of original notice under the Iowa Rules of Civil Procedure. Such notice will include the following: a. A statement t…

227.6(1) Employer petition for Iowa Code chapter 17A judicial review. The employer may request judicial review of an adverse ruling within 30 days. Such petition for review shall name the agency as respondent and shall contain a concise statement of the following: a. The nature o…

230.1(1) The 90-calendar-day period set forth in Iowa Code section 91D.1(1)“d” is counted from the employee’s initial day of work. 230.1(2) If the state minimum initial employment wage rate changes during the 90-calendar-day period, the employer shall pay the new effective rate. …

“Agriculture” includes farming in all its branches and among other things includes the cultivation and tillage of the soil; dairying; the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities; the raising of livestock, bees, furbearing …

respect to: 230.3(1) Any employee employed by an establishment that is an amusement or recreational establishment, organized camp, or religious or nonprofit education conference center, if: a. It does not operate for more than seven months in any calendar year, or b. During the p…

based on the federal rules indicated at the end of each rule. The federal rules contained illustrative examples of the application of the rule. The examples are not adopted, but the commissioner will be guided in enforcement by the examples provided in the rules. The Secretary of…

231.1(1) Employees employed on a casual basis in domestic service employment to provide babysitting services and domestic service employees employed to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves are exempt fr…

231.10(1) Employees performing babysitting services on a casual basis are excluded from the minimum wage provisions. 231.10(2) Employment in babysitting services would usually be on a casual basis, whether performed for one or more employers, if the employment by all employers do…

231.11(1) The coverage of domestic service employees is limited to those persons who perform such services in or about the private household of the employer. 231.11(2) An individual in a local neighborhood who takes four or five children into the individual’s home, which is opera…

protection for babies and young children, who are not physically or mentally infirm, are considered babysitters, not companions. The companion must perform the services with respect to the aged or infirm persons and not generally to other persons. The casual limitation does not a…

a neighborhood community generally provide their own equipment, set their own work schedule and occasionally hire other individuals. These persons will be recognized as independent contractors who are not covered by Iowa Code section 91D.1 as domestic service employees. Source: 2…

231.14(1) Employees who are engaged in providing companionship services and who are employed by an employer or agency other than the family or household using their services are exempt from the minimum wage requirement. Assigning an employee to more than one household or family i…

household nature performed by an employee in or about a private home (permanent or temporary) of the person by whom the employee is employed. Source: 29 CFR 552.3. [ARC 8754C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

custodial care and protection, during any part of the 24-hour day, of infants or children in or about the private home in which the infants or young children reside. The term “babysitting services” does not include services relating to the care and protection of infants or childr…

that is irregular or intermittent and that is not performed by an individual whose vocation is babysitting. Casual babysitting services may include the performance of some household work not related to caring for the children, provided that the work is incidental (i.e., does not …

those services that provide fellowship, care, and protection for persons who, because of advanced age or physical or mental infirmity, cannot care for their own needs. The services may include household work related to the care of the aged or infirm person such as meal preparatio…

231.6(1) Employers may take appropriate credit for the reasonable cost or fair value of food, lodging and other facilities customarily furnished to the employee by the employer such as drugs, cosmetics, dry cleaning, etc. Credit may be taken for the reasonable cost or fair value …

must include all time the employee is required to be on the premises or on duty and all time the employee is suffered or permitted to work. Source: 29 CFR 552.101. [ARC 8754C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

household where they are employed are entitled to the same minimum wage as domestic service employees who work by the day. In determining the number of hours worked by a live-in worker, the employee and the employer may exclude, by agreement between themselves, the amount of slee…

babysitters other than those working on a casual basis are entitled to the same benefits as other domestic service employees. Source: 29 CFR 552.103. [ARC 8754C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

“Public agency” means the state of Iowa or political subdivision of the state. [ARC 8755C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

governments will not be regarded as “employees.” Source: 29 CFR 553.100. [ARC 8755C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

232.11(1) An individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation for services rendered, is considered to be a volunteer. 232.11(2) Individuals are considered voluntee…

volunteer service for a public agency when the hours involve the same type of services that the individual is employed to perform for the same public agency. Source: 29 CFR 553.102. [ARC 8755C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

particular case will be considered in determining whether the volunteer activities constitute the “same type of services” as the employment activities. Source: 29 CFR 553.103. [ARC 8755C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

not employed in any capacity by state or local government agencies are considered volunteers and not employees of such public agencies if the individual’s hours of service are provided with no promise, expectation, or receipt of compensation for the services rendered. Source: 29 …

232.15(1) Individuals would not lose their volunteer status because they are reimbursed for the approximate out-of-pocket expenses incurred incidental to providing volunteer services; for example, payment for the cost of meals and transportation expenses. 232.15(2) Individuals do…

232.16(1) Compensable hours of work generally include all of the time during which an employee is on duty on the employer’s premises or at a prescribed workplace, as well as all other time during which the employee is suffered or permitted to work for the employer. The time inclu…

232.17(1) Sleep time cannot be excluded from the compensable hours of work where: a. The employee is on a tour of duty of less than 24 hours, and b. Where the employee is on a tour of duty of exactly 24 hours. 232.17(2) Sleep time can be excluded from compensable hours of work in…

activities to relieve employees on the previous shift prior to the scheduled starting time. This practice will not have the effect of increasing the number of compensable hours of work where it is voluntary on the part of the employees. If the practice is required by the employer…

232.19(1) While time spent in attending training required by an employer is normally considered compensable hours of work, the following are situations where time spent by employees of governments in required training is considered to be noncompensable. a. Attendance outside of r…