As used in 875-Chapters 216 through 220:
"Agriculture" includes farming in all its
branches and among other things includes the cultivation and tillage of the
soil; dairying; the production, cultivation, growing, and harvesting of any
agricultural or horticultural commodities; the raising of livestock, bees,
furbearing animals, or poultry; and any practices (including any forestry or
lumbering operations) performed by a farmer or on a farm incident to or in
conjunction with farming operations, including preparation for market, delivery
to storage or to market or to carriers for transportation to market.
"Commerce" means trade, commerce,
transportation, transmission, or communication among the several states or
between any state and any place outside thereof.
"Director" means the director of the
department of inspections, appeals, and licensing or the director's
designee.
"Employee" means any individual employed by
an employer. In the case of an individual employed by a public agency, the term
means any individual employed by the state, political subdivision of the state,
or an interstate governmental agency, other than the individual:
1. Who is not subject to the civil service
laws of the state, political subdivision, or agency that employs the
individual; and
2. Who:
* Holds a public elective office of that state, political
subdivision, or agency,
* Is selected by the holder of the office to be a member of
the holder's personal staff,
* Is appointed by the officeholder to serve on a
policy-making level,
* Is an immediate adviser to the officeholder with respect to
the constitutional or legal powers of the office, or
* Is an employee in the legislative branch or legislative
body of that state, political subdivision, or agency and is not employed by the
legislative library of the state, political subdivision, or agency.
"Employee" does not mean:
1. For purposes of the definition of
"person-day," any individual employed by an employer engaged in agriculture if
the individual is the parent, spouse, child, or other member of the employer's
immediate family.
2. Any individual
who volunteers to perform services for a
public agency that is the state, a
political subdivision of the state, or an interstate government agency, if:
* The individual receives no compensation or is paid
expenses, reasonable benefits, or a nominal fee to perform the services for
which the individual volunteered; and
* The services are not the same type of services that the
individual is employed to perform for the public agency.
However, an employee of a public agency that is the state, a
political subdivision of the state, or an interstate governmental agency may
volunteer to perform services for any other state, political subdivision, or
interstate governmental agency, including a state, political subdivision or
agency with which the employing state, political subdivision, or agency has a
mutual aid agreement.
"Employer" includes any person acting
directly or indirectly in the interest of an employer in relation to an
employee and includes a public agency but does not include any labor
organization (other than when acting as an employer) or anyone acting in the
capacity of officer or agent of the labor organization.
"Enterprise" means the related activities
performed (either through unified operation or common control) by any person or
persons for a common business purpose, and includes all activities whether
performed in one or more establishments or by one or more corporate or other
organizational units including departments of an establishment operated through
leasing arrangements. Any establishment that has as its only regular employees
the owner thereof or the parent, spouse, child, or other member of the
immediate family of the owner is considered to be an enterprise engaged in
commerce or in the production of goods for commerce or a part of an
enterprise.
"Industry" means a trade, business,
industry, or other activity, or branch or group thereof, in which individuals
are gainfully employed.
"Person" means an individual, partnership,
association, corporation, business trust, legal representative, or any
organized group of persons.
"Person-day" means any day during which an
employee performs any agricultural labor for not less than one hour.
"Produced" means produced, manufactured,
mined, handled, or in any other manner worked on in any state; and an employee
is engaged in the production of goods if the employee is employed in producing,
manufacturing, mining, handling, transporting, or in any other manner working
on the goods, or in any closely related process or occupation directly
essential to the production thereof, in any state.
"Public agency" means the government of the
state of Iowa, its various departments and agencies, and any political
subdivision of the state.
"Resale" does not include the sale of goods
to be used in residential or farm building construction, repair, or
maintenance, provided that the sale is recognized as a bona fide retail sale in
the industry.
"Sale" or "sell" includes
any sale, exchange, contract to sell, consignment for sale, shipment for sale,
or other disposition.
"Tipped employee" means any employee engaged
in an occupation in which the employee customarily received more than $30 a
month in tips.
"Wage" paid to any employee includes the
reasonable cost, as determined by the director, to the employer of furnishing
the employee with board, lodging, or other facilities.
