reglab/statecodes huggingface dataset:
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 875-218.301 - General

Current through Register Vol. 47, No. 3, July 24, 2024
The term "professional" is not restricted to the traditional
				  professions of law, medicine, and theology. It includes those professions which
				  have a recognized status and which are based on the acquirement of professional
				  knowledge through prolonged study. It also includes the artistic professions,
				  such as acting or music. Since the test of the bona fide professional capacity
				  of employment is different in character from the test for persons in the
				  learned professions, an alternative test for these employees is contained in
				  these rules, in addition to the requirements common to both
				  groups.
29 CFR
					 541.301.
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 875-218.302 - Learned Professions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				"learned" professions are described in 218.3(1)"a" as those 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 education and from an apprenticeship and
				from training in the performance of routine mental, manual, or physical
				processes.
(2) The knowledge must
				be of an advanced type. Thus, it must be knowledge which cannot be attained at
				the high school level.
(3) The
				knowledge must be in a field of science or learning. This serves to distinguish
				the professions from the mechanical arts where in some instances the knowledge
				is of a fairly advanced type, but not in a field of science or
				learning.
(4) The requisite
				knowledge must be customarily acquired by a prolonged course of specialized
				intellectual instruction and study.
29 CFR
					 541.302.
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 875-218.303 - Artistic Professions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				requirements concerning the character of the artistic type of professional work
				are contained in 218.3(1)
"b."
Work of this type 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.
(2) The work must be "in a recognized field
				of artistic endeavor." This includes such fields as music, writing, the
				theater, and the plastic and graphic arts.
(3) The work must be original and creative in
				character, as opposed to work which can be produced by a person endowed with
				general manual or intellectual ability and training.
(4) Another requirement is that the employee
				be engaged in work "the result of which depends primarily on the invention,
				imagination, or talent of the employee."
29 CFR
					 541.303.
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 875-218.304 - Primary Duty

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For a
				general explanation of the term "primary duty" see the discussion of this term
				under "executive" in rule 218.103(91D). See also the discussion under
				"administrative" in rule 218.206(91D).
(2) The "primary duty" of an employee as a
				teacher must be that of activity in the field of teaching. Mere certification
				by the state, or employment in a school will not suffice to qualify an
				individual for exemption within the scope of 218.3 (1)
"c"
if
				the individual is not in fact both employed and engaged as a teacher. The words
				"primary duty" have the effect of placing major emphasis on the character of
				the employee's job as a whole. Therefore, employment and engagement in the
				activity of imparting knowledge as a primary duty shall be determinative with
				respect to employment within the meaning of the exemption as "teacher" in
				conjunction with the other requirements of rule 218.3(91D).
29 CFR
					 541.304.
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 875-218.305 - Discretion and Judgment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Under
				rule 218.3(91D), a professional employee must perform work which requires the
				consistent exercise of discretion and judgment in its performance.
(2) A prime characteristic of professional
				work is that the employee does apply the employee's special knowledge or
				talents with discretion and judgment. Purely mechanical or routine work is not
				professional.
29 CFR 541.305.
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 875-218.306 - Predominantly Intellectual and Varied

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Rule 218.3(91D) requires that the
				employee be engaged in work predominantly intellectual and varied in character
				as opposed to routine mental, manual, mechanical, or physical work.
(2) and 218.306(3) 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 875-218.307 - Essential Part of and Necessarily Incident To

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Subrule 218.3(4) has the effect of
				including within the exempt work activities which are an essential part of and
				necessarily incident to the professional work described in 218.3(1) to
				218.3(3). This provision recognizes the fact that there are professional
				employees whose work necessarily involves some of the actual routine physical
				tasks also performed by obviously nonexempt employees.
(2) The test of whether routine work is
				exempt work is different in the definition of "professional" from that in the
				definition of "executive" and "administrative." Thus, while routine work will
				be exempt if it is "directly and closely related" to the performance of
				executive or administrative duties, work which is directly and closely related
				to the performance of the professional duties will not be exempt unless it is
				also "an essential part of and necessarily incident to" the professional
				work.
(3) Reserved.
29 CFR 541.307.
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 875-218.309 - Twenty Percent Nonexempt Work Limitation

Current through Register Vol. 47, No. 3, July 24, 2024
Time spent in nonexempt work, that is work which is not an
				  essential part of and necessarily incident to the exempt work, is limited to 20
				  percent of the time worked by the employee in the workweek.
29 CFR 541.309.
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 875-218.310 - Trainees, Professional

Current through Register Vol. 47, No. 3, July 24, 2024
The exemption applies to an employee employed in a bona fide
				  professional capacity and does not include trainees who are not actually
				  performing the duties of a professional employee.
29 CFR 541.310.
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 875-218.311 - Amount of Salary or Fees Required

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except as otherwise noted in 218.311(3),
				compensation on a salary or fee basis at arate of not less than $340 per week,
				exclusive of board, lodging or other facilities, is required for exemption as a
				"professional employee." An employee will meet this requirement if paid a
				biweekly salary of $680, a semimonthly salary of $736.66 or a monthly salary of
				$1473.34.
(2) Reserved.
(3) The payment of the compensation specified
				in 218.311(1) is not a requisite for exemption in the case of employees
				exempted from this requirement by the proviso to 218.3(5), as explained in rule
				218.314(91D).
(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 professional employees on a cash basis if they are negotiated in the same
				manner as similar transactions with other persons.
29 CFR 541.311.
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 875-218.312 - Salary Basis

Current through Register Vol. 47, No. 3, July 24, 2024
The salary basis of payment is explained in rule 218.118(91D)
				  in connection with the definition of "executive."
29 CFR 541.312.
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 875-218.313 - Fee Basis

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				requirements for exemption as a professional (or 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.
(2)
				Reserved.
(3) The adequacy of a fee
				payment. Whether the fee amounts to payment at a rate of not less than $340 per
				week to a professional employee or at a rate of not less than $310 per week to
				an administrative employee can ordinarily be determined only after the time
				worked on the job has been determined. In determining whether payment is at the
				rate specified, the amount paid to the employee will be tested by reference to
				a standard workweek of 40 hours. Thus, compliance will be tested in each case
				of a fee payment by determining whether the payment is at a rate which would
				amount to at least $340 per week to a professional employee or at a rate of not
				less than $310 per week to an administrative employee if 40 hours were
				worked.
29 CFR 541.313.
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 875-218.314 - Exception for Physicians, Lawyers, and Teachers

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A holder of a valid license or
				certificate permitting the practice of law or medicine or any of their
				branches, who is actually engaged in practicing the profession, or a holder of
				the requisite academic degree for the general practice of medicine who is
				engaged in an internship or resident program pursuant to the practice of the
				employee's profession, or an employee employed and engaged as a teacher in the
				activity of imparting knowledge, is excepted from the salary or fee
				requirement. This exception applies only to the traditional professions of law,
				medicine, and teaching and not to employees in related professions which merely
				serve these professions.
(2) and
				(3) 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 875-218.315 - Special Proviso for High-salaried Professional Employees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The definition
				of a "professional" contains a special proviso for employees who are
				compensated on a salary or fee basis at a rate of at least $500 per week
				exclusive of board, lodging, or other facilities. Under this proviso, the
				requirements for exemption in 218.3(1) to 218.3(5) will be deemed to be met by
				an employee who receives the higher salary or fees and whose primary duty
				consists of the performance of work requiring knowledge of an advanced type in
				a field of science or learning, or work as a teacher in the activity of
				imparting knowledge, which includes work requiring the consistent exercise of
				discretion and judgment, or consists of the performance of work requiring
				invention, imagination, or talent in a recognized field or artistic endeavor.
				Thus, the exemption will apply to highly paid employees employed either in one
				of the "learned" professions or in an "artistic" profession and doing primarily
				professional work. If an employee qualifies for exemption under this proviso,
				it is not necessary to test that employee's qualifications in detail under
				218.3(1) to 218.3(5).
(2)
				Reserved.
29 CFR 541.315.
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 875-218.500 - Definition of "outside Salesperson."

Current through Register Vol. 47, No. 3, July 24, 2024
The term "outside salesperson" is defined in
				  rule218.5(91D).
29 CFR
					 541.500.
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 875-218.501 - Making Sales or Obtaining Orders

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Rule 218.5(91D) requires that the
				employee be engaged in:
a. Making sales
				within the meaning of 875-subrule 218.5(1), or
b. Obtaining orders or contracts for services
				or for the use of facilities.
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 875-218.502 - Away From Employer's Place of Business

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Reserved.
(2) Characteristically the outside
				salesperson is one who makes sales at the customer's place of business. This is
				the reverse of sales made by mail or telephone (except where the telephone is
				used merely as an adjunct to personal calls). Thus, any fixed site, whether
				home or office, used by a salesperson as a headquarters or for telephonic
				solicitation of sales must be construed as one of the employer's places of
				business, even though the employer is not in any formal sense the owner or
				tenant of the property. An outside salesperson does not lose the exemption by
				displaying samples in hotel sample rooms as the salesperson travels from city
				to city; these sample rooms should not be considered as the employer's places
				of business.
29 CFR
					 541.502.
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 875-218.503 - Incidental to and in Conjunction With Sales Work

Current through Register Vol. 47, No. 3, July 24, 2024
Work performed "incidental to and in conjunction with the
				  employee's own outside sales or solicitation" includes not only incidental
				  deliveries and collections which are specifically mentioned in 218.5(2), but
				  also any other work performed by the employee in furthering the employee's own
				  sales efforts. Work performed incidental to and in conjunction with the
				  employee's own outside sales or solicitations would include, among other
				  things, the writing of sales reports, the revision of the employee's own
				  catalog, itinerary planning and attendance at sales
				  conferences.
29 CFR
					 541.503.
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 875-218.505 - Driver Salespersons

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Where
				drivers who deliver to an employer's customers the products distributed by the
				employer also perform functions concerned with the selling of the products, and
				questions arise as to whether the employee is employed in the capacity of
				outside salesperson, all the facts bearing on the content of the job as a whole
				must be scrutinized to determine whether the employee is really employed for
				the purpose of making sales rather than for the service and delivery duties
				which the employee performs and, if so, whether the employee is customarily and
				regularly engaged in making sales and the employee's performance of nonexempt
				work is sufficiently limited to come within the tolerance permitted by rule
				218.5(91D). The employee may qualify as an employee employed in the capacity of
				outside salesperson if, and only if, the facts clearly indicate that the
				employee is employed for the purpose of making sales and that the employee is
				customarily and regularly engaged in the activity within the meaning of the
				rules. As in the case of outside salespersons whose jobs do not involve
				delivery of products to customers, the employee's chief duty or primary
				function must be the making of sales or the taking of orders if the employee is
				to qualify under the definition in 218.5 (91D). The employee must be a
				salesperson by occupation. If the employee is, all work that the employee
				performs which is actually incidental to and in conjunction with that
				employee's own sales effort is exempt work. All other work of the employee is
				nonexempt work. A determination of an employee's chief duty or primary function
				must be made in terms of the basic character of the job as a whole. All of the
				duties performed by an employee must be considered. The time devoted to the
				various duties is an important, but not necessarily controlling,
				element.
(2) Reserved.
29 CFR 541.505.
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 875-218.506 - Nonexempt Work Generally

Current through Register Vol. 47, No. 3, July 24, 2024
Nonexempt work is that work which is not sales work and is
				  not performed incidental to and in conjunction with the outside sales
				  activities of the employee. It includes outside activities like meter reading,
				  which are not part of the sales process. Inside sales and all work incidental
				  thereto are also nonexempt work. So is clerical warehouse work which is not
				  related to the employee's own sales. Similarly, the training of other
				  salespersons is not exempt as outside sales work, with one exception. In some
				  concerns it is the custom for the salesperson to be accompanied by the trainee
				  while actually making sales. Under these circumstances, normally the
				  trainer-salesperson and the trainee make the various sales jointly, and both
				  normally receive a commission. In these instances, since both are engaged in
				  making sales, the work of both is considered exempt work. However, the work of
				  a helper who merely assists the salesperson in transporting goods or samples
				  and who is not directly concerned with effectuating the sale is nonexempt
				  work.
29 CFR 541.506.
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 875-218.507 - Twenty Percent Limitation on Nonexempt Work

Current through Register Vol. 47, No. 3, July 24, 2024
Nonexempt work in the definition of "outside salesperson" is
				  limited to "20 percent of the hours worked in the workweek by nonexempt
				  employees of the employer." The 20 percent is computed on the basis of the
				  hours worked by nonexempt employees of the employer who perform the kind of
				  nonexempt work performed by the outside salesperson. If there are no employees
				  of the employer performing this nonexempt work, the base to be taken is 40
				  hours a week, and the amount of nonexempt work allowed will be 8 hours a
				  week.
29 CFR 541.507.
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 875-218.508 - Trainees, Outside Salespersons

Current through Register Vol. 47, No. 3, July 24, 2024
The exemption is applicable to an employee employed in the
				  capacity of outside salesperson and does not include employees training to
				  become outside salespersons who are not actually performing the duties of an
				  outside salesperson.
29 CFR 541.508.
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 875-218.600 - Combination Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) These
				rules permit the "tacking" of exempt work under one rule to exempt work under
				another rule, so that a person who, for example, performs a combination of
				executive and professional work may qualify for exemption. In combination
				exemptions, however, the employee must meet the stricter of the requirements on
				salary and nonexempt work.
(2)
				Reserved.
29 CFR
					 541.600.
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 875-218.601 - Special Provision for Motion Picture Producing Industry

Current through Register Vol. 47, No. 3, July 24, 2024
Under rule 218.6(91D), the requirement that the employee be
				  paid "on a salary basis" does 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). Thus, an employee in this
				  industry who is otherwise exempt under rule 218.1(91D), 218.2(91D) or
				  218.3(91D) and who is employed at a base rate of at least $500 a week is exempt
				  if the employee is paid at least pro rata (based on a week of not more than six
				  days) for any week when the employee does not work a full workweek for any
				  reason. Moreover, an otherwise exempt employee in this industry qualifies for
				  exemption if the employee is employed at a daily rate under the following
				  circumstances:
(1) The employee is in
				a job category for which a weekly base rate is not provided and the employee's
				daily base rate would yield at least $500 if six days were worked; or
(2) The employee is in a job category having
				a weekly base rate of at least $500 and the employee's daily base rate is at
				least one-sixth of such weekly base rate.
29 CFR
					 541.601.
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 875-218.602 - Special Proviso Concerning Executive and Administrative Employees in Multistore Retailing Operations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The tolerance of up to 40 percent of the
				employee's time which is allowed for nonexempt work performed by an executive
				or administrative employee of a retail or service establishment does not apply
				to employees of a multiunit retailing operation, such as a chain store system
				or a retail establishment having one or more branch stores, who perform central
				functions for the organization in physically separated establishments such as
				warehouses, central office buildings or other central service units or by
				traveling from store to store. Nor does this special tolerance apply to
				employees who perform central office, warehousing, or service functions in a
				multiunit retailing operation by reason of the fact that the space provided for
				such work is located in a portion or portions of the building in which the main
				retail or service establishment or another retail outlet of the organization is
				also situated. These employees are subject to the 20 percent limitation on
				nonexempt work.
(2) With respect to
				executive or administrative employees stationed in the main store of a
				multistore retailing operation who engage in activities (other than central
				office functions) which relate to the operations of the main store, and also to
				the operations of one or more physically separated units, such as branch
				stores, of the same retailing operation, the division will, as an enforcement
				policy, assert no disqualification of the employee for the 875-subrule 215.4(1)
				exemption by reason of nonexempt activities if the employee devotes less than
				40 percent of work time to nonexempt activities. This enforcement policy would
				apply, for example, in the case of a buyer who works in the main store of a
				multistore retailing operation and who not only manages the millinery
				department in the main store, but is also responsible for buying some or all of
				the merchandise sold in the millinery departments of the branch
				stores.
29
					 CFR
					 541.602.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.2 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Reserved.
(2) The minimum wage
				protection applies to employees employed as domestic service employees under
				either of the following circumstances:
a. If
				the employee's compensation for services from the employer would constitute
				wages, that is, if the compensation during a calendar year totaled $100 or
				more, or
b. If the employee was
				employed in such domestic service work by one or more employers for more than
				eight hours in the aggregate in any workweek. 875-subrule 215.4(14) provides a
				minimum wage exemption for "employees employed on a casual basis in domestic
				service employment to provide babysitting services" and for domestic service
				employees employed "to provide companionship services for individuals who
				(because of age or infirmity) are unable to care for themselves."
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.3 - Domestic Service Employment

Current through Register Vol. 47, No. 3, July 24, 2024
Domestic service employment refers to services of a household
				  nature performed by an employee in or about a private home (permanent or
				  temporary) of the person by whom the employee is employed.
29 CFR
					 552.3.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.4 - Babysitting Services

Current through Register Vol. 47, No. 3, July 24, 2024
As an exemption, the term "babysitting services" means the
				  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 children which are performed by trained
				  personnel, as registered, vocational, or practical nurses. While trained
				  personnel do not qualify as babysitters, this fact does not remove them from
				  the category of a covered domestic service employee when employed in or about a
				  private household.
29 CFR
					 552.4.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.5 - Casual Basis

Current through Register Vol. 47, No. 3, July 24, 2024
As used in 875-subrule 215.4(14), the term "casual basis,"
				  when applied to babysitting services, means employment which is irregular or
				  intermittent, and which 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 exceed 20 percent of the total hours worked on
				  the particular babysitting assignment.
29
					 CFR
					 552.5.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.6 - Companionship Services for the Aged or Infirm

Current through Register Vol. 47, No. 3, July 24, 2024
As used in 875-subrule 215.4(14), the term "companionship
				  services" means those services which 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 preparation, bed
				  making, washing of clothes, and other similar services. They may also include
				  the performance of general household work, provided that such work is
				  incidental, i.e., does not exceed 20 percent of the total weekly hours worked.
				  The term "companionship services" does not include services relating to the
				  care and protection of the aged or infirm which require and are performed by
				  trained personnel, as a registered or practical nurse. While trained personnel
				  do not qualify as companions, this fact does not remove them from the category
				  of covered domestic service employees when employed in or about a private
				  household.
29 CFR
					 552.6.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.100 - Application of Minimum Wage and Overtime Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Reserved.
(2) 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 of
				these facilities only when the employee's acceptance of them is voluntary and
				uncoerced. Where uniforms are required by the employer, the cost of the
				uniforms and their care may not be included in the credit.
(3) For enforcement purposes, the
				commissioner will accept a credit taken by the employer of $1.50 for breakfast
				(if furnished), $2 for lunch (if furnished), and $2.50 for dinner (if
				furnished), which meal credits do not exceed $6 a day. Nothing herein shall
				prevent employers from crediting themselves with the actual cost or fair value
				of furnishing meals, as determined in accordance with 875-Chapter 217, if the
				cost or fair value is different from the meal credits specified above, provided
				that employers keep, maintain and preserve (for a period of three years) the
				records on which they rely to justify such different cost figures.
(4) In the case of lodging furnished to
				live-in domestic service employees, the commissioner will accept a credit taken
				by the employer of $30 a week. Nothing herein shall prevent employers from
				crediting themselves with the actual cost or fair value of furnishing lodging,
				as determined in accordance with 875-Chapter 217, if such cost or fair value is
				different from the amount specified above provided, however, that employers
				keep, maintain, and preserve (for a period of three years) the records on which
				they rely to justify such different cost figures.
29 CFR
					 552.100.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.101 - Domestic Service Employment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) and
(2) Reserved.
(3) In determining the total hours worked,
				the employer 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.
29 CFR
					 552.101.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.102 - Live-in Domestic Service Employees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Domestic service employees who reside in
				the 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 sleeping time, mealtime and other
				periods of complete freedom from all duties when the employee may either leave
				the premises or stay on the premises for purely personal pursuits. For periods
				of free time (other than those relating to meals and sleeping) to be excluded
				from hours worked, the periods must be of sufficient duration to enable the
				employee to make effective use of the time. If the sleeping time, meal periods
				or other periods of free time are interrupted by a call to duty, the
				interruption must be counted as hours worked.
(2) Where there is a reasonable agreement, as
				indicated in 219.102(1), the agreement may be used to establish the employee's
				hours of work in lieu of maintaining precise records of the hours actually
				worked. The employer shall keep a copy of the agreement and indicate that the
				employee's work time generally coincides with the agreement. If it is found by
				the parties that there is a significant deviation from the initial agreement, a
				separate record should be kept for that period or a new agreement should be
				reached that reflects the actual facts.
29 CFR
					 552.102.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.103 - Babysitting Services in General

Current through Register Vol. 47, No. 3, July 24, 2024
Babysitting is a form of domestic service, and babysitters
				  other than those working on a casual basis are entitled to the same benefits as
				  other domestic service employees.
29 CFR
					 552.103.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.104 - Babysitting Services Performed on a Casual Basis

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Employees performing babysitting services
				on a casual basis are excluded from the minimum wage provisions.
(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 does not exceed 20 hours per week in the
				aggregate. Employment in excess of these hours may still be on a "casual basis"
				if the excessive hours of employment are without regularity or are for
				irregular or intermittent periods. Employment in babysitting services shall
				also be deemed to be on a "casual basis" (regardless of the number of weekly
				hours worked by the babysitter) in the case of individuals whose vocations are
				not domestic service who accompany families for a vacation period to take care
				of the children if the duration of employment does not exceed six
				weeks.
(3) If the individual
				performing babysitting services on a "casual basis" devotes more than 20
				percent of the individual's time to household work during a babysitting
				assignment, the exemption for "babysitting services on a casual basis" does not
				apply during that assignment and the individual must be paid in accordance with
				the minimum wage requirement. This does not affect the application of the
				exemption for previous or subsequent babysitting assignments where the 20
				percent tolerance is not exceeded.
(4) Individuals who engage in babysitting as
				a full-time occupation are not employed on a "casual basis."
29 CFR
					 552.104.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.105 - Individuals Performing Babysitting Services in Their Own Homes

Current through Register Vol. 47, No. 3, July 24, 2024
(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. Accordingly, if the
				services are performed away from the employer's permanent or temporary
				household, there is no coverage under the federal Fair Labor Standards Act,
				29
				U.S.C. 206(f).
(2) An individual in a local neighborhood who
				takes four or five children into the individual's home, which is operated as a
				day care home, and who does not have more than one employee or whose only
				employees are members of that individual's immediate family is not covered by
				Iowa Code chapter 91D.
29
					 CFR
					 552.105.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.106 - Companionship Services for the Aged or Infirm

Current through Register Vol. 47, No. 3, July 24, 2024
Persons who provide care and 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 apply to companion services.
29 CFR
					 552.106.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.107 - Yard Maintenance Workers

Current through Register Vol. 47, No. 3, July 24, 2024
Persons who mow lawns and perform other yard work in 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. On the other hand, gardeners and
				  groundskeepers employed primarily by one household are not usually independent
				  contractors.
29 CFR
					 552.107.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.109 - Third-party Employment

Current through Register Vol. 47, No. 3, July 24, 2024
(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 in the same workweek would not
				defeat the exemption for that workweek, provided that the services rendered
				during each assignment come within the definition of companionship
				services.
(2) Employees who are
				engaged in providing babysitting services and who are employed by an employer
				or agency other than the family or household using their services are not
				employed on a "casual basis" for purposes of the exemption. The employees are
				engaged in this occupation as a vocation.
29 CFR
					 552.109.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 219 - Application of the Fair Labor Standards Act to Domestic Service › Rule 875-219.110 - Record-keeping Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Reserved.
(2) In the case of an
				employee who resides on the premises, records of the actual hours worked are
				not required. Instead, the employer may maintain a copy of the agreement
				referred to in 219.102(91D). The more limited record-keeping requirement
				provided by this subrule does not apply to third-party employers. No records
				are required for casual babysitters.
(3) Where a domestic service employee works
				on a fixed schedule, the employer may use a schedule of daily and weekly hours
				that the employee normally works and either the employer or the employee may:
a. Indicate by check marks, statement or
				other method that such hours were actually worked, and
b. When more or less than the scheduled hours
				are worked, show the exact number of hours worked.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) and
(2) Reserved.
(3)
"Public agency"
means
				the state of Iowa, or political subdivision of the state.
29
					 CFR
					 553.1.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.2 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Reserved.
(2) Rules 220.3(91D) to
				220.51(91D) interpret and apply the special provisions that are generally
				applicable to all covered and nonexempt employees of state and local
				governments. The rules also contain provisions concerning certain individuals
				(i.e., elected officials, their appointees, and legislative branch employees)
				who are excluded from the definition of "employee" and thus from coverage.
				These rules also interpret and apply the federal Fair Labor Standards Act,
				29
				U.S.C. 207(o),
				29
				U.S.C. 207(p)(2),
				29
				U.S.C. 207(p)(3), and 29
				U.S.C. 211(c) regarding compensatory time off, occasional or sporadic part-time
				employment, and the performance of substitute work by public agency employees,
				respectively.
(3) Rules
				220.100(91D) to 220.106(91D) deal with "volunteer" services performed by
				individuals for public agencies. Rules 220.200(91D) to 220.233(91D) apply
				various provisions as they relate to fire protection and law enforcement
				employees of public agencies.
29 CFR
					 553.2.