Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 35 - Wage Payment Collection › Rule 875-35.4 - Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Receipt
				of wage claim form.
Upon receipt by the division of a completed and
				signed wage claim form from an aggrieved employee, the commissioner shall
				review the claim for wages and the allegations therein. The commissioner's
				review is not to be construed as a contested case as defined in Iowa Code
				chapter 17A.
(2)
Employer
				notification of wage claim.
The commissioner shall notify the employer
				in writing of the allegations of the claimant and shall request a response from
				the employer within 14 days from the date of the letter This period may be
				extended by the commissioner for good cause.
(3)
Failure of employer to
				respond.
If the employer fails to answer the commissioner's request
				for response within the 14-day period, or as extended by the commissioner, the
				commissioner may determine the claim to be enforceable.
(4)
Additional information from
				claimant.
If the employer answers the commissioner's request for
				response within the established time, the commissioner shall notify the
				claimant of the employer's response and afford the claimant an opportimity to
				present additional information in support of the claim for wages. The claimant
				shall submit the requested additional information within 14 days from the date
				of the letter This period may be extended by the commissioner for good
				cause.
(5)
Additional
				information from employer
Upon receipt of the requested additional
				information from the employee, the commissioner may determine additional
				information is required from the employer.
(6)
Determination of
				enforceability.
Upon receipt of sufficient information, the
				commissioner may determine the claim for wages to be enforceable and the
				commissioner shall notify the claimant and the employer of that
				determination.
(7)
Determination of unenforceability.
The commissioner may, at
				any time, determine a claim to be unenforceable. Should the commissioner
				determine the claim is unenforceable, the commissioner shall so notify the
				claimant. Reasons for the commissioner to determine that a claim is
				unenforceable include, but are not limited to, the following:
a. Doubtful legal validity or complexity of
				the claim.
b. Doubtful ability to
				collect money from the employer
c.
				The claim may require extensive discovery or involve protracted
				proceedings.
d. The potential value
				of the claim is such that the cost of the claimant's obtaining legal counsel
				for a private action would not be prohibitive.
e. The claimant is not responsive to the
				reasonable requests of the division, including, but not limited to, requests to
				provide information and to participate in a legal action.
f.The claimant fails to notify the division
				of an address change.
g. The
				inequity of the claim in the particular situation.
h. Another jurisdiction or forum is
				preferable for the claim.
i. A
				substantial probability that the claimant was not an employee.
j.The claim has been included in a bankruptcy
				estate.