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Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 217 - Wage Payments › Rule 875-217.58 - Initial and Terminal Months

Current through Register Vol. 47, No. 3, July 24, 2024
An exception to the requirement that an employee, whether
				  full-time, part-time, permanent or temporary, will qualify as a tipped employee
				  only if the employee customarily and regularly receives more than $30 a month
				  in tips is made in the case of initial and terminal months of employment. In
				  those months the purpose of the provision for tipped employees would seem
				  fulfilled if qualification as a tipped employee is based on receipt of tips in
				  the particular week or weeks of the month at a rate in excess of $30 a month,
				  where the employee has worked less than a month because employment started or
				  terminated during the month.
29 CFR
					 531.58.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 217 - Wage Payments › Rule 875-217.59 - The Tip Wage Credit

Current through Register Vol. 47, No. 3, July 24, 2024
In determining compliance with the wage payment requirements,
				  the amount paid to a tipped employee by an employer is deemed to be increased
				  on account of tips by an amount which cannot exceed 40 percent of the minimum
				  wage applicable to the employee in the workweek for which the wage payment is
				  made. This credit is in addition to any credit for board, lodging, or other
				  facilities which may be allowable. The credit allowed on account of tips may be
				  less than 40 percent of the applicable minimum wage; it cannot be more. The
				  actual amount shall be determined by the employer on the basis of the
				  employer's information concerning the tipping practices and receipts in the
				  establishment. However, an employee who can show to the satisfaction of the
				  commissioner that the actual amount of tips received was less than the amount
				  determined by the employer as a tip credit shall receive an appropriate wage
				  adjustment. It is presumed that in the application of this special provision
				  the employee will be receiving at least the maximum tip credit in actual tips.
				  If the employee is receiving less than the amount credited, the employer is
				  required to pay the balance so that the employee receives at least the minimum
				  wage with the defined combination of wages and tips. An employee may request
				  review of tip credit determinations made by employers, in the event that the
				  employee considers that the tip credit taken exceeds actual tips. The tip
				  credit may be taken only for hours worked by the employee in an occupation in
				  which the employee qualifies as a tipped employee. Under employment agreements
				  requiring tips to be turned over or credited to the employer to be treated by
				  the employer as part of gross receipts, the employer shall pay the employee the
				  full minimum hourly wage, since for all practical purposes the employee is not
				  receiving tip income.
29 CFR
					 531.59.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.1 - Executive

Current through Register Vol. 47, No. 3, July 24, 2024
"Employee employed in a bona fide executive...capacity" means
				  any employee:
(1) Whose primary duty
				consists of the management of the enterprise in which the employee is employed
				or of a customarily recognized department or subdivision thereof;
(2) Who customarily and regularly directs the
				work of two or more other employees therein;
(3) Who has the authority to hire or fire
				other employees or whose suggestions and recommendations as to the hiring or
				firing and as to the advancement and promotion or any other change of status of
				other employees will be given particular weight;
(4) Who customarily and regularly exercises
				discretionary powers;
(5) Who does
				not devote more than 20 percent, or, in the case of an employee of a retail or
				service establishment who does not devote as much as 40 percent, of the hours
				of work in the workweek to activities which are not directly and closely
				related to the performance of the work described in 218.1(1) to 218.1(4) of
				this definition: Provided, that this subrule shall not apply in the case of an
				employee who is in sole charge of an independent establishment or a physically
				separated branch establishment, or who owns at least a 20 percent interest in
				the enterprise in which employed; and
(6) Who is compensated for services on a
				salary basis at a rate of not less than $310 per week, exclusive of board,
				lodging, or other facilities, provided that an employee who is compensated on a
				salary basis at a rate of not less than $500 per week, exclusive of board,
				lodging, or other facilities, and whose primary duty consists of the management
				of the enterprise in which the employee is employed or of a customarily
				recognized department or subdivision thereof, and includes the customary and
				regular direction of the work of two or more other employees therein, shall be
				deemed to meet all the requirements of this rule.
29 CFR
					 541.1.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.2 - Administrative

Current through Register Vol. 47, No. 3, July 24, 2024
"Employee employed in a bona
				  fide...administrative...capacity" means any employee:
(1) Whose primary duty consists of either:
a. The performance of office or nonmanual
				work directly related to management policies or general business operations of
				the employer or the employer's customers, or
b. The performance of functions in the
				administration of a school system, or educational establishment or institution,
				or of a department or subdivision thereof, in work directly related to the
				academic instruction or training carried on therein; and
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.3 - Professional

Current through Register Vol. 47, No. 3, July 24, 2024
"Employee employed in abonafide...professional capacity"
				  means any employee:
(1) Whose primary
				duty consists of the performance of:
a. Work
				requiring knowledge of an advanced type in a field of science or learning
				customarily acquired by a prolonged course of specialized intellectual
				instruction and study, as distinguished from a general academic e
				apprenticeship, and from training in the performance of routine mental, manual,
				or physical processes,
b. Work that
				is original and creative in character in a recognized field of artistic
				endeavor (as opposed to work which can be produced by a person endowed with
				general manual or intellectual ability and training), and the result of which
				depends primarily on the invention, imagination, or talent of the employee,
				or
c. Teaching, tutoring,
				instructing, or lecturing in the activity of imparting knowledge and who is
				employed and engaged in this activity as a teacher in the school system or
				educational establishment or institution by which employed;
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.5 - Outside Salesperson

Current through Register Vol. 47, No. 3, July 24, 2024
"Employee employed... in the capacity of outside salesperson"
				  means any employee:
(1) Who is
				employed for the purpose of and who is customarily and regularly engaged away
				from the employer's place or places of business in:
a. Making sales which include any sale,
				exchange, contract to sell, consignment for sale, shipment for sale, or other
				disposition, or
b. Obtaining orders
				or contracts for services or for the use of facilities for which a
				consideration will be paid by the client or customer; and
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.6 - Special Provision for Motion Picture Producing Industry

Current through Register Vol. 47, No. 3, July 24, 2024
The requirement of rules 218.1(91D) to 218.3(91D) that the
				  employee be paid "on a salary basis" shall not apply to an employee in the
				  motion picture producing industry who is compensated at a base rate of at least
				  $500 a week (exclusive of board, lodging, or other
				  facilities).
29 CFR 541.5a.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.101 - General

Current through Register Vol. 47, No. 3, July 24, 2024
The work described in 218.1(1) to 218.1(4) and the activities
				  directly and closely related to that work will be referred to as "exempt" work,
				  while other activities will be referred to as "nonexempt"
				  work.
29 CFR
					 541.101.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.102 - Management

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In the usual
				situation the determination of whether a particular kind of work is exempt or
				nonexempt in nature is not difficult. In the vast majority of cases the bona
				fide executive employee performs managerial and supervisory functions which are
				easily recognized as within the scope of the exemption.
(2) For example, work similar to the
				following is exempt work when it is performed by an employee in the management
				of the employee's department or the supervision of employees:
a. Interviewing, selecting, and training of
				employees;
b. Setting and adjusting
				their rates of pay and hours of work;
c. Directing their work;
d. Maintaining their production or sales
				records for use in supervision or control;
e. Appraising their productivity and
				efficiency for the purpose of recommending promotions or other changes in their
				status;
f. Handling their
				complaints and grievances and disciplining them when necessary;
g. Planning the work;
h. Determining the techniques to be
				used;
i. Apportioning the work
				among the workers;
j. Determining
				the type of materials, supplies, machinery or tools to be used or merchandise
				to be bought, stocked and sold;
k.
				Controlling the flow and distribution of materials or merchandise and supplies;
				and
l. Providing for the safety of
				the employees and the property.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.103 - Primary Duty

Current through Register Vol. 47, No. 3, July 24, 2024
A determination of whether an employee has management as the
				  primary duty must be based on all the facts in a particular case. The amount of
				  time spent in the performance of the managerial duties is a useful guide in
				  determining whether management is the primary duty of an employee. In the
				  ordinary case, primary duty means the major part, or over 50 percent, of the
				  employee's time. Thus, an employee who spends over 50 percent of the time in
				  management would have management as the primary duty. Time alone, however, is
				  not the sole test, and in situations where the employee does not spend over 50
				  percent of the time in managerial duties, the employee might nevertheless have
				  management as the primary duty if the other pertinent factors support the
				  conclusion. Some of these pertinent factors are the relative importance of the
				  managerial duties as compared with other types of duties, the frequency with
				  which the employee exercises discretionary powers, the employee's relative
				  freedom from supervision, and the relationship between the employee's salary
				  and the wages paid other employees for the kind of nonexempt work performed by
				  the supervisor.
29 CFR
					 541.103.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.104 - Department or Subdivision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In
				order to qualify under 218.1(91D), the employee's managerial duties must be
				performed with respect to the enterprise in which the employee is employed or a
				customarily recognized department or subdivision thereof. The phrase "a
				customarily recognized department or subdivision" is intended to distinguish
				between a mere collection of persons assigned from time to time to a specific
				job or series of jobs and a unit with permanent status and function. In order
				to properly classify an individual as an executive, the employee must be more
				than merely a supervisor of two or more employees; nor is it sufficient that
				the employee merely participate in the management of the unit. The employee
				must be in charge of and have as the primary duty the management of a
				recognized unit which has a continuing function.
(2) In the vast majority of cases there is no
				difficulty in determining whether an individual is in charge of a customarily
				recognized department or subdivision of a department. For example, where an
				enterprise comprises more than one establishment, the employee in charge of
				each establishment may be considered in charge of a subdivision of the
				enterprise.
(3) The unit supervised
				need not be physically within the employer's establishment and may move from
				place to place, and that continuity of the same subordinate personnel is not
				absolutely essential to the existence of a recognized unit with a continuing
				function, although in the ordinary case a fixed location and continuity of
				personnel are both helpful in establishing the existence of a unit.
29 CFR
					 541.104.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.105 - Two or More Other Employees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
				employee will qualify as an "executive" under 218.1(91D) only if the employee
				customarily and regularly supervises at least two full-time employees or the
				equivalent. For example, if the "executive" supervises one full-time and two
				part-time employees, one of whom works mornings and one, afternoons, or four
				part-time employees, two of whom work mornings and two, afternoons, this
				requirement would be met.
(2) The
				employees supervised must be employed in the department which the "executive"
				is managing.
(3) to (5)
				Reserved.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.106 - Authority to Hire or Fire

Current through Register Vol. 47, No. 3, July 24, 2024
Rule 218.1(91D) requires that an exempt executive employee
				  have the authority to hire or fire other employees or that the exempt executive
				  employee's suggestions and recommendations as to hiring or firing and as to
				  advancement and promotion or any other change of status of the employees whom
				  the executive supervises will be given particular weight. Thus, no employee,
				  whether high or low in the hierarchy of management, can be considered as
				  employed in a bona fide executive capacity unless the executive is directly
				  concerned either with the hiring or the firing and other change of status of
				  the employees under the executive's supervision, whether by direct action or by
				  recommendation to those to whom the hiring and firing functions are
				  delegated.
29 CFR
					 541.106.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.107 - Discretionary Powers

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An exempt
				executive employee shall customarily and regularly exercise discretionary
				powers. A person whose work is so completely routinized that the person has no
				discretion does not qualify for exemption.
(2) The phrase "customarily and regularly"
				signifies a frequency which must be greater than occasional but which may be
				less than constant. The requirement will be met by the employee who normally
				and recurrently is called upon to exercise and does exercise discretionary
				powers in the day-to-day performance of duties. The requirement is not met by
				the occasional exercise of discretionary powers.
29 CFR 541.107.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.108 - Work Directly and Closely Related

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This phrase brings within the category of
				exempt work not only the actual management of the department and the
				supervision of the employees therein, but also activities which are closely
				associated with the performance of the duties involved in the managerial and
				supervisory functions or responsibilities. The supervision of employees and the
				management of a department include a great many directly and closely related
				tasks which are different from the work performed by subordinates and are
				commonly performed by supervisors because they are helpful in supervising the
				employees or contribute to the smooth functioning of the department for which
				they are responsible. Frequently, this exempt work is of a kind which, in
				establishments that are organized differently or which are larger and have
				greater specialization of function, may be performed by a nonexempt employee
				hired especially for that purpose.
(2) to (7) Reserved.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.109 - Emergencies

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Under certain
				occasional emergency conditions, work which is normally performed by nonexempt
				employees and is nonexempt in nature will be directly and closely related to
				the performance of the exempt functions of management and supervision and will
				therefore be exempt work. In effect, this means that a bona fide executive who
				performs work of a normally nonexempt nature on rare occasions because of the
				existence of areal emergency will not, because of the performance of the
				emergency work, lose the exemption. Bona fide executives include among their
				responsibilities the safety of the employees under their supervision, the
				preservation and protection of the merchandise, machinery or other property of
				the department or subdivision in their charge from damage due to unforeseen
				circumstances, and the prevention of widespread breakdown in production, sales,
				or service operations. Consequently, when conditions beyond control arise which
				threaten the safety of the employees, or a cessation of operations, or serious
				damage to the employer's property, any manual or other normally nonexempt work
				performed in an effort to prevent such results is considered exempt work and is
				not included in computing the percentage limitation on nonexempt
				work.
(2) Subrule 218.109(1) is not
				applicable to nonexempt work arising out of occurrences which are not regular,
				predictable and hence controllable.
(3) and (4) Reserved.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.110 - Occasional Tasks

Current through Register Vol. 47, No. 3, July 24, 2024
In determining whether occasional tasks are directly and
				  closely related to the performance of the management duties, consideration
				  should be given to whether the work is:
1. The same as the work performed by any of
				the subordinates of the executive;
2. A specifically assigned task of the
				executive employees;
3. Practicably
				delegable to nonexempt employees in the establishment; or
4. Repetitive and frequently
				recurring.
29 CFR 541.110.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.111 - Nonexempt Work Generally

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				"Nonexempt work" includes all work other than that described in 218.1(1) to
				218.1(4) and the activities directly and closely related to that
				work.
(2) Nonexempt work is easily
				identifiable where, as in the usual case, it consists of work of the same
				nature as that performed by the nonexempt subordinates of the "executive." It
				is more difficult to identify in cases where supervisory employees spend a
				significant amount of time in activities not performed by any of their
				subordinates and not consisting of actual supervision and management. In those
				cases careful analysis of the employee's duties with reference to the phrase
				"directly and closely related to the performance of the work described" will
				usually be necessary in arriving at a determination.
29 CFR 541.111.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.112 - Percentage Limitations on Nonexempt Work

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Exemption as an
				executive.
An employee will not qualify for exemption as an executive
				if the employee devotes more than 20 percent, or in the case of an employee of
				a retail or service establishment if the employee devotes as much as 40
				percent, of the hours worked in the workweek to nonexempt work. This test is
				applied on a workweek basis and the percentage of time spent on nonexempt work
				is computed on the time worked by the employee.
(2)
Maximum allowance
				application.
a. The maximum
				allowance of 20 percent for nonexempt work applies unless the establishment by
				which the employee is employed qualifies for the higher allowance as a retail
				or service establishment. An establishment must be a distinct physical place of
				business, open to the general public, which is engaged on the premises in
				making sales of goods or services to which the concept of retail selling or
				servicing applies. An establishment must make at least 75 percent of its annual
				dollar volume of sales of goods or services from sales that are both not for
				resale and recognized as retail in the particular industry. Types of
				establishments which may meet these tests include stores selling consumer goods
				to the public; hotels; motels; restaurants; some types of amusement or
				recreational establishments (but not those offering wagering or gambling
				facilities); hospitals, or institutions primarily engaged in the care of the
				sick, the aged, the mentally ill, or deficient residing on the premises, if
				open to the general public; public parking lots and parking garages; auto
				repair shops; gasoline service stations (but not truck stops); funeral homes;
				cemeteries; etc.
b.
				Reserved.
c. An establishment
				engaged in laundering, cleaning, or repairing clothing or fabrics is not a
				retail or service establishment.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.113 - Sole-charge Exception

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
				exception from the percentage limitations on nonexempt work is provided in
				218.1(5) for "an employee who is in sole charge of an independent establishment
				or a physically separated branch establishment... " These employees are
				considered to be employed in a bona fide executive capacity even though they
				exceed the applicable percentage limitation on nonexempt work.
(2) The term "independent establishment" must
				be given full weight. The establishment must have a fixed location and must be
				geographically separated from other company property. The management of
				operations within one among several buildings located on a single or adjoining
				tracts of company property does not qualify for the exemption under this
				heading. In the case of a branch, there must be a true and complete physical
				separation from the main office.
29 CFR 541.113.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.114 - Exception for Owners of 20 Percent Interest

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An exception from the percentage
				limitations on nonexempt work is provided for an employee "who owns at least a
				20 percent interest in the enterprise" in which the employee is employed. This
				provision recognizes the special status of a shareholder of an enterprise who
				is actively engaged in its management.
(2) The exception is available to an employee
				owning a bona fide 20 percent equity in the enterprise in which the employee is
				employed regardless of whether the business is a corporate or other type of
				organization.
29 CFR 541.114.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.115 - Working Supervisor

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				primary purpose of the exclusionary language placing a limitation on the amount
				of nonexempt work is to distinguish between the bona fide executive and the
				"working" supervisor who regularly performs "production" work or other work
				which is unrelated or only remotely related to the employee's supervisory
				activities. (The term "working" supervisor is used in this chapter in the sense
				indicated in the text and should not be construed to mean only one who performs
				work similar to that performed by subordinates.)
(2) Reserved.
29 CFR 541.115.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.116 - Trainees, Executive

Current through Register Vol. 47, No. 3, July 24, 2024
The exemption is applicable to an employee employed in a bona
				  fide executive capacity and does not include employees training to become
				  executives and not actually performing the duties of an
				  executive.
29 CFR 541.116.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.117 - Amount of Salary Required

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Compensation on a salary basis at a rate of not less than $310 per week,
				exclusive of board, lodging, or other facilities, is required for exemption as
				an executive. The $310 a week may be translated into equivalent amounts for
				periods longer than one week. The requirement will be met if the employee is
				compensated biweekly on a salary basis of $620, semimonthly on a salary basis
				of $671.68 or monthly on a salary basis of $1343.35. However, the shortest
				period of payment which will meet the requirement of payment "on a salary
				basis" is a week.
(2)
				Reserved.
(3) The payment of the
				required salary must be exclusive of board, lodging, or other facilities; that
				is, free and clear. Alternatively, the sale of the facilities to executives on
				a cash basis if they are negotiated in the same manner as similar transactions
				with other persons is not prohibited.
29 CFR 541.117.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.119 - Special Proviso for High-salaried Executives

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Rule 218.1(91D) contains an upset or
				high-salary proviso for managerial employees who are compensated on a salary
				basis at a rate of not less than $500 per week exclusive of board, lodging, or
				other facilities. This highly paid employee is deemed to meet all the
				requirements in 218.1(1) to 218.1(6) if the employee's primary duty consists of
				the management of the enterprise in which employed or of a customarily
				recognized department or subdivision thereof and includes the customary and
				regular direction of the work of two or more other employees therein. If an
				employee qualifies for exemption under this proviso, it is not necessary to
				test that employee's qualifications in detail under 218.1(1) to
				218.1(6).
(2) Reserved.
(3) Mechanics, carpenters, linotype
				operators, or craftsmen of other kinds are not exempt under the proviso no
				matter how highly paid they might be.
29 CFR 541.119.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.203 - Nonmanual Work

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				requirement that the work performed by an exempt administrative employee must
				be office work or nonmanual work restricts the exemption to "white-collar"
				employees who meet the tests. If the work performed is "office" work, it is
				immaterial whether it is manual or nonmanual in nature. Persons employed in the
				routine operation of office machines are engaged in office work although they
				would not qualify as administrative employees.
(2) Rule 218.2(91D) does not completely
				prohibit the performance of manual work by an "administrative" employee. The
				performance by an otherwise exempt administrative employee of some manual work
				which is directly and closely related to the work requiring the exercise of
				discretion and independent judgment is not inconsistent with the principle that
				the exemption is limited to "white-collar" employees. However, if the employee
				performs so much manual work (other than office work) that the employee cannot
				be said to be basically a "white-collar" employee, the employee does not
				qualify for exemption as a bona fide administrative employee, even if the
				manual work performed is directly and closely related to the work requiring the
				exercise of discretion and independent judgment. An office employee, on the
				other hand, is a "white-collar" worker, and would not lose the exemption on the
				grounds that the worker is not primarily engaged in "nonmanual" work, although
				the worker would lose the exemption if the worker failed to meet any of the
				other requirements.
29 CFR
					 541.203.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.206 - Primary Duty

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				definition of "administrative" exempts only employees who are primarily engaged
				in the responsible work which is characteristic of employment in a bona fide
				administrative capacity. Thus, the employee must have as primary duty office or
				nonmanual work directly related to management policies or general business
				operations of the employer or the employer's customers, or, in the case of
				"academic administrative personnel," the employee must have as primary duty
				work that is directly related to academic administration or general academic
				operations of the school in whose operations the employee is
				employed.
(2) Reserved.
29 CFR 541.206.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.207 - Discretion and Independent Judgment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In general, the exercise of discretion
				and independent judgment involves the comparison and the evaluation of possible
				courses of conduct and acting or making a decision after the various
				possibilities have been considered. The term implies the person has the
				authority or power to make an independent choice, free from immediate direction
				or supervision and with respect to matters of significance.
(2) The term must be applied in the light of
				all the facts involved in the particular employment situation in which the
				question arises. It has been most frequently misunderstood and misapplied by
				employers and employees in cases involving the following:
a. Confusion between the exercise of
				discretion and independent judgment, and the use of skill in applying
				techniques, procedures, or specific standards, and
b. Misapplication of the term to employees
				making decisions relating to matters of little consequence.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.209 - Percentage Limitations on Nonexempt Work

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An employee will not qualify for
				exemption as an administrative employee if the employee devotes more than 20
				percent, or, in the case of an employee of a retail or service establishment if
				the employee devotes as much as 40 percent, of the hours worked in the workweek
				to nonexempt work; that is, to activities which are not directly and closely
				related to the performance of the work described in 218.2(1) to
				218.2(3).
(2) This test is applied
				on a workweek basis and the percentage of time spent on nonexempt work is
				computed on the time worked by the employee.
29 CFR 541.209.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.210 - Trainees, Administrative

Current through Register Vol. 47, No. 3, July 24, 2024
The exemption is applicable to an employee employed in a bona
				  fide administrative capacity and does not include employees training for
				  employment in an administrative capacity who are not actually performing the
				  duties of an administrative employee.
29 CFR 541.210.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.211 - Amount of Salary or Fees Required

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except as otherwise noted in 218.211(3),
				compensation on a salary or fee basis at a rate of not less than $310 a week,
				exclusive of board, lodging or other facilities, is required for exemption as
				an administrative employee. The requirement will be met if the employee is
				compensated biweekly on a salary basis of $629, semimonthly on a salary basis
				of $671.68, or monthly on a salary basis of $1343.34.
(2) Reserved.
(3) In the case of academic administrative
				personnel, the compensation requirement for exemption as an administrative
				employee may be met either by the payment described in 218.211(1), or
				alternatively by compensation on a salary basis in an amount which is at least
				equal to the entrance salary for teachers in the school system, or educational
				establishment or institution by which the employee is employed.
(4) The payment of the required salary must
				be exclusive of board, lodging, or other facilities; that is, free and clear.
				These rules do not prohibit the sale of the facilities to administrative
				employees on a cash basis if they are negotiated in the same manner as similar
				transactions with other persons.
29 CFR 541.211.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.212 - Salary Basis

Current through Register Vol. 47, No. 3, July 24, 2024
The explanation of the salary basis of payment made in rule
				  218.118(91D) in connection with the definition of "executive" is also
				  applicable in the definition of "administrative."
29 CFR 541.212.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.213 - Fee Basis

Current through Register Vol. 47, No. 3, July 24, 2024
The requirements for exemption as an administrative employee
				  may be met by an employee who is compensated on a fee basis as well as by one
				  who is paid on a salary basis.
29 CFR 541.213.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.214 - Special Proviso for High-salaried Administrative Employees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Rule 218.2(91D)
				contains a special proviso including within the definition of "administrative"
				an employee who is compensated on a salary or fee basis at a rate of not less
				than $500 per week exclusive of board, lodging, or other facilities and whose
				primary duty consists of either the performance of office or nonmanual work
				directly related to management policies or general business operations of the
				employer or the employer's customers, or the performance of functions in the
				administration of a school system, or education establishment or institution,
				or a department or subdivision thereof in work directly related to the academic
				instruction or training carried on therein, where the performance of the
				primary duty includes work requiring the exercise of discretion and independent
				judgment. This highly paid employee having the work as the employee's primary
				duty is deemed to meet all the requirements in subrules 218.2(1) to 218.2(5).
				If an employee qualifies for exemption under this proviso, it is not necessary
				to test the employee's qualifications in detail under subrules 218.2(1) to
				218.2(5).
(2) Reserved.
29 CFR 541.214.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 218 - Employees Employed in a Bona Fide Executive, Administrative, or Professional Capacity (INCLUDING ANY EMPLOYEE EMPLOYED IN THE CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHER IN ELEMENTARY OR SECONDARY SCHOOLS) , or in the Capacity of Outside Salesperson › Rule 875-218.215 - Elementary or Secondary Schools and Other Educational Establishments and Institutions

Current through Register Vol. 47, No. 3, July 24, 2024
To be considered for exemption as employed in the capacity of
				  academic administrative personnel, the employment must be in connection with
				  the operation of an elementary or secondary school system, an institution of
				  higher education, or other educational establishment or institution.
				  875-subrules 215.3(5) and 215.3(21) define elementary and secondary schools as
				  those day or residential schools which provide elementary or secondary
				  education, as determined under Iowa law. Education above the secondary school
				  level is included in the programs of institutions of higher education. Special
				  schools for mentally or physically handicapped or gifted children are included
				  among the educational establishments in which teachers and academic
				  administrative personnel may qualify for the administrative exemption,
				  regardless of any classification of such schools as elementary, secondary, or
				  higher. Also, for purposes of the exemption, no distinction is drawn between
				  public or private schools. Accordingly, the classification for other purposes
				  of the school system, or educational establishment or institution, is
				  ordinarily not a matter requiring consideration in a determination of whether
				  the exemption applies. If the work is that of a teacher or academic personnel
				  in an educational system, establishment, or institution, and if the other
				  requirements are met, the level of instruction involved and the status of the
				  school as public or private or operated for profit or not for profit will not
				  alter the availability of the exemption.
29 CFR 541.215.