(1) Unless the context otherwise requires, terms used in rules, forms, and other official pronouncements issued by the department shall have the following meaning:
(2) Wages paid.
Wages for employment during a
calendar quarter consist of
wages paid during the
calendar quarter.
Wages earned but not paid during the
calendar quarter shall be considered as
wages for employment in the quarter paid. The
employer's contribution and payroll shall be used as prima facie evidence of when the
wages were paid. If the
wages are not listed, they shall be considered as paid:
a. On the date appearing on the check.
b. On the date appearing on the notice of direct deposit.
c. On the date the employee received the cash payment.
d. On the date the employee received any other type of payment in lieu of cash.
(3) Wages payable means wages earned and unpaid. (See section 96.19(41).)
(4) Wages is the name by which the remuneration for employment is designated and the basis on which the remuneration is paid is immaterial. It may be paid in cash or in a medium other than cash, on the basis of piece work or percentage of profits, commission, or it may be paid on an hourly, daily, weekly, monthly or annual basis. Remuneration paid in goods or services shall be computed on the basis of the fair value of the goods or services at the time of payment.
(5) When the cash value for board or lodging, or both, furnished a worker is agreed upon in a contract of hire, the amount so agreed upon, if more than the rates specially determined by the department or the rates prescribed herein, shall be deemed the cash value of the board and lodging.
(6) Cash value of room and board.
a. If board, rent, housing, lodging, meals, or similar advantage is extended in any medium other than cash as partial or entire remuneration for service constituting employment as defined in Iowa Code section 96.19(18), the reasonable cash value of same shall be deemed wages subject to contribution.
b. Where the cash value for such board, rent, housing, lodging, meals, or similar advantage is agreed upon in any contract of hire, the amount so agreed upon shall be deemed the value of such board, rent, housing, lodging, meals or similar advantage. Check stubs, pay envelopes, contracts, and the like, furnished to employees setting forth such cash value, are acceptable evidence as to the amount of the cash value agreed upon in any contract of hire except as provided in paragraphs"d" and "e" of this subrule.
c. In the absence of an agreement in a contract of hire, the rate for board, rent, housing, lodging, meals, or similar advantage, furnished in addition to money
wages or wholly comprising the
wages of an employed individual, shall be deemed to have not less than the following cash value except as provided in paragraph
"d" of this subrule.
| Full board and room per week.................................................. | $300.00 |
| Meals (without lodging) per week................................................ | 100.00 |
| Meals (without lodging) per day.................................................. | 20.20 |
| Lodging (without meals) per week............................................... | 198.00 |
| Lodging (without meals) per day................................................. | 40.00 |
| Individual meals: |
| Breakfast.................................................................... | 4.50 |
| Lunch...................................................................... | 5.30 |
| Dinner..................................................................... | 10.50 |
| A meal not identifiable as either breakfast, lunch or dinner........................... | 4.50 |
d. The department or its authorized representative may, after affording reasonable opportunity at a hearing for the submission of relevant information in writing or in person, determine the reasonable cash value of such board, rent, housing, lodging, meals, or similar advantage in particular instances or group of instances, if it is determined that the values fixed in or arrived at in accordance with paragraph"c" of this subrule, or in the contract of hire do not properly reflect the reasonable cash value of such remuneration.
e. If the department determines that the reasonable cash value is other than prescribed in a contract of hire or in paragraph"c" of this subrule, the employer's payroll and contribution reports to the department shall thereafter show the value of such remuneration as determined by the department.
f Notwithstanding the provisions of this paragraph, the cash value of meals which are provided by and for the convenience of the
employer on the business premises of the
employer shall not be deemed as insured
wages under chapter 96 of the Iowa Employment Security Law. Lodging furnished by the
employer, for the convenience and on the business premises of the
employer, shall not be considered
wages if the employee is required to accept the lodging as a condition of employment.
This rule is intended to implement Iowa Code section 96.19(41).
