Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 23 - Employer's Contribution and Charges › Rule 871-23.25 - Domestic Service

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Services of a household nature performed by an individual in or about the private
			 home of the person by whom the individual is employed or performed in or about
			 the club rooms or house of a local college club or local chapter of a college
			 fraternity or sorority by which the individual is employed are included within
			 the term "domestic service."
(2) A
			 private home is the fixed place of abode or residence of an individual or family,
			 including the house and the lands on which the house stands.
(3) Services of a general household nature are
			 those ordinarily and customarily performed as an integral part of the upkeep
			 operation and maintenance of a dwelling, residence or private home. In general,
			 covered services of a household nature in or about a private home include
			 services rendered by workers such as cleaning people, cooks, maids, housekeepers,
			 caretakers, yard workers and similar domestic workers. In addition, services
			 performed by babysitters, nannies, health aides and similar workers for members
			 of the household are covered.
(4) The
			 services enumerated above are not covered under the term "domestic service" if
			 performed in or about rooming or lodging houses, boarding houses, clubs (except
			 local college clubs), hotels, offices or other commercial enterprises.
(5) The term "domestic service" does not
			 include the service of a skilled mechanic engaged in recognized independent craft
			 not habitually rendered as a part of ordinary household duties. In situations
			 where it may be necessary to determine whether or not an employer-employee
			 relationship exists between the householder and the household worker, the
			 guidelines as set forth in
			 871-23.19 (96) will be
			 applied.
(6) Rescinded IAB 5/14/03,
			 effective 6/18/03.
(7) Services of a
			 household nature performed in or about the club rooms or house of a local college
			 club, or in or about the club rooms or house of a local chapter of a college
			 fraternity or sorority, by a student who is enrolled and regularly attending
			 classes at a school, college, or university are excepted from employment. For the
			 purpose of this exception, the statutory tests are the type of services performed
			 by the employee, the character of the place where the services are performed, and
			 the status of the employee as a student enrolled and regularly attending classes
			 at a school, college, or university where the term "school, college, or
			 university" is taken in its commonly or generally accepted sense.
(8) In general, services of a household nature
			 in or about the club rooms or house of a local college club or local chapter of a
			 college fraternity or sorority include but are not limited to services rendered
			 by cooks, janitors, laundry persons, furnace persons, handy persons, gardeners
			 and housekeepers.
(9) A local college
			 club or local chapter of a college fraternity or sorority does not include an
			 alumni club or chapter. If the club rooms or house of a local college club or
			 local chapter of a college fraternity or sorority is used primarily for the
			 purpose of supplying board or lodging to students or the public as a business
			 enterprise, the services performed there are not covered under the term "domestic
			 service."
(10) Rescinded IAB
			 5/14/03, effective 6/18/03.
(11)
			 Where an individual is employed by a domestic service or home health care
			 organization to perform domestic services in a private home, the individual is an
			 employee of the service firm, not the householder.
This rule is intended to implement Iowa Code sections 96.19(13)
				and 96.19(16)
"m."