Iowa Administrative Code

232.2(1) Elected officials are excluded from minimum wage. Also excluded under this provision are personal staff members and officials in policymaking positions who are selected or appointed by the elected public officials and certain advisers to such officials. 232.2(2) The stat…

232.3(1) Individuals who are not subject to the civil service laws of their employing agencies and are employed by legislative branches or bodies of the state and its political subdivisions are excluded from minimum wage. 232.3(2) Employees of the state or local legislative libra…

authorized to provide compensatory time off in lieu of monetary overtime compensation. Source: 29 CFR 553.20. [ARC 8755C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

“compensatory time off” mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee’s regular rate. S…

232.6(1) Payments for accrued compensatory time may be made at any time and shall be paid at the regular rate earned by the employee at the time the employee receives such payment. 232.6(2) Upon termination of employment, an employee shall be paid for unused compensatory time at …

232.7(1) Compensatory time that is earned and accrued by an employee for employment in excess of a nonstatutory requirement is considered “other” compensatory time. The term “other” compensatory time off means hours during which an employee is not working and that are not counted…

232.8(1) Individuals employed in any occupation by the same public agency may agree, solely at their option and with the approval of the public agency, to substitute for one another during scheduled work hours in performance of work in the same capacity. Where one employee substi…

compensatory time and compensatory time off provisions of the federal Fair Labor Standards Act, 29 U.S.C. 207(o) as amended to January 1, 2007, a public agency shall maintain and preserve the following records: 232.9(1) The number of hours of compensatory time earned each work pe…

reasonable cost, as determined by the director, to an employer of furnishing any employee with board, lodging, or other facilities. Nothing in this chapter shall excuse any party from complying with any requirement imposed by any other federal, state, or local law, ordinance, reg…

233.2(1) Reasonable cost is determined to be not more than the actual cost to the employer of the board, lodging, or other facilities furnished by the employer to the employees. 233.2(2) The cost of furnishing facilities found by the director to be primarily for the benefit or co…

considered to have been paid by the employer and received by the employee unless they are paid finally and unconditionally or free and clear. The wage requirements will not be met where the employee kicks back directly or indirectly to the employer or to another person for the em…

gratuity in recognition of some service performed for the customer. The payment is to be distinguished from payment of a charge, if any, made for the service. In the absence of an agreement to the contrary between the recipient and a third party, a tip becomes the property of the…

employee keeps, tips received by an employee include amounts paid by bank check or other negotiable instrument payable at par and amounts transferred by the employer to the employee pursuant to directions from credit customers who designate amounts to be added to their bills as t…

portion of their tips to the bussers, both the amounts retained by the food servers and those given the bussers are considered tips of the individuals who retain them. Similarly, where an accounting is made to an employer for information only or in furtherance of a pooling arrang…

taken for hours of employment in the occupation for which the employee does not meet the tip qualification. Source: 29 CFR 531.56. [ARC 8749C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25] These rules are intended to implement Iowa Code chapter 91D. [Fil…

234.1(1) Items required. Every employer shall maintain and preserve payroll or other records containing the following information and data with respect to each employee to whom the Act applies: a. Name in full, as used for social security recordkeeping purposes, and on the same r…

and preserve records containing all the information and data required by subrule 234.1(1), except paragraphs 234.1(1)“c” and “d,” and, in addition, the basis on which wages are paid in sufficient detail to permit calculation for each pay period of the employee’s total remuneratio…

wage provisions of the Iowa minimum wage Act shall post and keep posted a notice explaining the Act, as prescribed by the director, in conspicuous places in every establishment where such employees are employed so as to permit them to readily observe a copy. Source: 29 CFR 516.4.…

at least three years from the last date of entry, all payroll or other records containing the employee information and data required under any of the applicable rules. Source: 29 CFR 516.6. [ARC 8748C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

234.5(1) Supplementary basic records. Each employer required to maintain records under this chapter shall preserve for a period of at least two years basic employment and earnings records. From the date of last entry, all basic time and earning cards or sheets on which are entere…

234.6(1) With respect to each tipped employee whose wages are determined pursuant to the definition of “wage” in Iowa Code section 91D.1(1)“c,” the employer shall maintain and preserve payroll or other records containing all the information and data otherwise required and the fol…

234.7(1) Definitions. “Industrial homework,” as used in this rule, means the production by any person in or about a home, apartment, tenement, or room in a residential establishment of goods for an employer who suffers or permits production, regardless of the source (whether obta…

not use more than 500 days of agricultural labor in any quarter of the preceding calendar year unless it can be reasonably anticipated that more than 500 days of agricultural labor will be used in at least one calendar quarter of the current calendar year. The 500-day test includ…

chapter shall excuse any party from complying with any recordkeeping or reporting requirement imposed by any other federal, state, or local law, ordinance, regulation or rule. [ARC 8748C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25] These rules are inte…

“Director” means the director of the department of inspections, appeals, and licensing or the director’s designee. “The Act” means Iowa Code chapter 91A. [ARC 8682C, IAB 12/25/24, effective 1/29/25; Editorial change: IAC Supplement 7/9/25]

against any employee because the employee has: 1. Filed any complaint under or related to the Act; 2. Assigned a wage claim to the director; 3. Instituted or caused to be instituted any proceeding under or related to the Act; 4. Cooperated in bringing any action against an employ…

236.3(1) Wage discrimination occurs when an employer engages in adverse action because the employee engaged in a protected activity. An employee’s engagement in activities protected by the Act does not automatically render the employee immune from adverse action dictated by nonpr…

employee because the employee has filed a wage claim or asserted in good faith rights covered by the Act are prohibited. [ARC 8682C, IAB 12/25/24, effective 1/29/25; Editorial change: IAC Supplement 7/9/25]

because the employee has cooperated in bringing any action against an employer related to the Act is prohibited. Protection under the Act would extend to any statements given in the course of judicial, quasi- judicial, and administrative proceedings, including inspections, invest…

236.6(1) Any employee who believes that discrimination in violation of Iowa Code section 91A.10(5) has occurred may, within 30 days after the violation occurs, lodge a complaint with the director alleging the violation. No particular form is required. If, as a result of the inves…

236.7(1) Upon receipt of all requested information, the director may determine the employee’s complaint alleging discharge or discrimination is enforceable and notify the employee of that determination. 236.7(2) Upon a determination that the employee’s complaint alleging discharg…

“Director” means the director of the department of inspections, appeals, and licensing or the director’s designee. “Filing date” means the date a document is postmarked by the U.S. Postal Service, if the document is filed by mailing and the U.S. postmark is legible. For a documen…

92 is subject to a civil penalty of not more than $10,000 per violation as set forth in this rule. 240.11(1) Counting the number of violations. a. Each day that a child works too many hours, works at a prohibited time, or works in a prohibited occupation is a separate violation. …

240.12(1) Notice of civil penalty. The director shall serve a notice of proposed civil penalty by certified mail or in a manner consistent with service of original notice under the Iowa Rules of Civil Procedure with a 15-day grace period before issuing the notice. The notice shal…

this rule. 240.5(1) Cleaning products that require personal protective equipment. Prior to allowing a 14- or 15- year-old to use cleaning products that require personal protective equipment, the employer shall submit to the director the following: a. The safety data sheets of all…

this rule. 240.6(1) Definitions. “Light assembly work” means assembling with nonpower hand tools and does not include welding. “Properly licensed” means a minor who holds a current license from the National Pool and Waterpark Lifeguard Training Program in one of the following pro…

this rule. 240.8(1) “Work activities in or about plants or establishments manufacturing or storing explosives or articles containing explosive components” means: a. All activities in or about any plant or establishment (other than retail establishments or plants or establishments…

this rule. “Incidental” means not a primary activity of the minor. “Intermittent and for short periods of time” may vary depending on the degree and type of hazard. The frequency and duration of an activity shall make it clear the employee is a learner rather than a production wo…

These rules apply to employers whose total employment of employees paid on an hourly basis in this state exceeds 100. [ARC 8753C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

clarifications or additions: “Act” means the non-English speaking employee services Act, Iowa Code chapter 91E. “Applicant” means an employer, employee, or non-English speaking employee as those terms are defined in the Act. “Business day” means those days an office is open and s…

covered by these rules: 245.3(1) The hours of work. 245.3(2) The hourly wage. 245.3(3) All mandatory and elective benefits. 245.3(4) The job duties. 245.3(5) The safety and health risks of the job and appropriate methods of protection. 245.3(6) Information and training on hazardo…

245.4(1) Referral agent available. The employer provides to employees at each work site the name of the person who is designated as having the primary responsibility as the referral agent. The information shall be provided in the language of the non-English speaking employees. 24…

245.5(1) An applicant desiring an exemption may file a written application with the director that shall include: a. The name, address and telephone number of the applicant; b. The address or location of the work site affected; c. A description of the operation or type of work sit…

245.6(1) Inspections shall take place at the times and places directed by the commissioner. 245.6(2) Inspections may be conducted without prior notice. 245.6(3) The commissioner may interview persons at the work site and utilize other reasonable inspection techniques including bu…

the director will issue a notice of violation to the employer and propose a civil penalty that shall be sent to the employer by certified mail. The employer has 14 calendar days from receipt of the notice of violation or proposed civil penalty to inform the director by mail of th…

covered by Iowa Code chapter 90A. [ARC 8835C, IAB 1/22/25, effective 2/26/25; Editorial change: IAC Supplement 7/9/25]

“Commissioner” means the state commissioner of athletics, who is also the director of the department of inspections, appeals, and licensing, or the director’s designee. “Physician” includes a physician assistant unless otherwise noted. “Professional wrestling” is an exhibition in…