Iowa Administrative Code

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…

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…