Iowa Admin. Code r. 875-215.3 - Definitions
As used in 875-Chapters 216 to 220:
(1)
"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 (including
commodities defined as agricultural commodities in Section 15(g) of the
Agricultural Marketing Act, as amended); the raising of livestock, bees,
forbearing 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.
(2)
"American vessel"
includes any vessel which is documented or numbered under the laws of the
United States.
(3)
"Commissioner" means the labor commissioner or the
commissioner's designee.
(4)
"Commerce" means trade, commerce, transportation,
transmission, or communication among the several states or between any state
and any place outside thereof.
(5)
"Elementary school" means a day or residential school which
provides elementary education, as determined under state law.
(6)
"Employ" includes to
suffer or permit to work.
(7)
"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:
a. Who is not subject to the civil service
laws of the state, political subdivision, or agency which employs the
individual; and
b. Who
(1) Holds a public elective office of that
state, political subdivision, or agency,
(2) Is selected by the holder of the office
to be a member of the holder's personal staff,
(3) Is appointed by the officeholder to serve
on a policy-making level,
(4) Is an
immediate adviser to the officeholder with respect to the constitutional or
legal powers of the office, or
(5)
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.
(8)
"Employee" does not
mean:
a. 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.
b. Any individual
who volunteers to perform services for a public agency which is the state, a
political subdivision of the state, or an interstate government agency, if:
(1) 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
(2) The services are not the same type of
services which the individual is employed to perform for the public agency.
However, an employee of a public agency which is the state, 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.
(9)
"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.
(10)
"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. Enterprise shall not
include the related activities performed for the enterprise by an independent
contractor, provided that, within the meaning of this definition, a retail or
service establishment which is under independent ownership shall not be deemed
to be so operated or controlled as to be other than a separate and distinct
enterprise by reason of any arrangement, which includes, but is not necessarily
limited to, an agreement:
a. That it will
sell, or sell only, certain goods specified by a particular manufacturer,
distributor, or advertiser;
b. That
it will join with other establishments in the same industry for the purpose of
collective purchasing; or
c. That
it will have the exclusive right to sell the goods or use the brand name of a
manufacturer, distributor, or advertiser within a specified area, or by reason
of the fact that it occupies premises leased to it by a person who also leases
premises to other retail or service establishments. For purposes of this
definition, the following activities performed by any person or persons shall
be deemed to be those activities performed for a business purpose:
(1) In connection with the operation of a
hospital, an institution primarily engaged in the care of the sick, the aged,
the mentally ill or deficient who reside on the premises of the institution; a
school for mentally or physically handicapped or gifted children; a day-care,
preschool, elementary or secondary school; or an institution of higher
education (regardless of whether the hospital, institution, or school is public
or private or operated for profit or not for profit);
(2) In connection with the operation of a
street, suburban or interurban electric railway, or local trolley or motorbus
carrier, if the rates and services of the railway or carrier are subject to
regulation by a state or local agency (regardless of whether the railway or
carrier is public or private or operated for profit or not for profit);
or
(3) In connection with the
activities of a public agency.
(11)
"Enterprise engaged in commerce
or in the production of goods for commerce" means an enterprise which
has employees engaged in commerce or in the production of goods for commerce,
or employees handling, selling, or otherwise working on goods or materials that
have been moved in or produced for commerce by any person, and which:
a. Is an enterprise, other than an enterprise
which is comprised exclusively of retail or service establishments and which is
described in 215.3(11)"b," whose annual gross volume of sales
made or business done (exclusive of excise taxes at the retail level which are
separately stated) is not less than $250,000;
b. Is an enterprise whose annual gross volume
of sales made or business done (exclusive of excise taxes at the retail level
which are separately stated) is not less than $300,000;
c. Is, without regard to gross volume of
sales or business done, engaged in laundering, cleaning, or repairing clothing
or fabrics;
d. Is, without regard
to gross volume of sales or business done, engaged in the business of
construction or reconstruction, or both;
e. Is engaged in the operation of a hospital,
an institution primarily engaged in the care of the sick, the aged, the
mentally ill or deficient who reside on the premises of the institution; a
school for mentally or physically handicapped or gifted children; a day-care,
preschool, elementary or secondary school; or an institution of higher
education (regardless of whether the hospital, institution, or school is public
or private or operated for profit or not for profit); or
f. Is an activity of a public agency. Any
establishment which has as its only regular employees the owner thereof or the
parent, spouse, child, or other member of the immediate family of the owner
shall not be considered to be an enterprise engaged in commerce or in the
production of goods for commerce or a part of an enterprise, and the sales of
the establishments shall not be included for the purpose of determining the
annual gross volume of sales of any enterprise for the purpose of 215.3(11).
The employees of an enterprise which is a public agency shall for purpose of
this definition be deemed to be employees engaged in commerce, or in the
production of goods for commerce, or employees handling, selling, or otherwise
working on goods or materials that have been moved in or produced for
commerce.
(12)
"Goods" means goods (including ships and marine equipment),
wares, products, commodities, merchandise or articles or subjects of commerce
of any character, or any part or ingredient thereof, but does not include goods
after their delivery into the actual physical possession of the ultimate
consumer thereof other than a producer, manufacturer, or processor
thereof.
(13)
"Hours
worked." In determining, for the purpose of the minimum wage, the
hours for which an employee is employed, there shall be excluded any time spent
in changing clothes or washing at the beginning or end of each workday which
was excluded from measured working time during the week involved by the express
terms of or by custom or practice under a bona fide collective bargaining
agreement applicable to the particular employee. 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 not completely relieved of all job duties during a
meal or sleep period) and all the time the employee is suffered or permitted to
work.
(14)
"Industry" means a trade, business, industry, or other
activity, or branch or group thereof, in which individuals are gainfully
employed.
(15)
"Person" means an individual, partnership, association,
corporation, business trust, legal representative, or any organized group of
persons.
(16)
"Person-day" means any day during which an employee performs
any agricultural labor for not less than one hour.
(17)
"Produced" means
produced, manufactured, mined, handled, or in any other manner worked on in any
state; and an employee shall be deemed to have been engaged in the production
of goods if the employee was 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.
(18)
"Public agency" means the government of the state of Iowa, its
various departments and agencies, and any political subdivision of the
state.
(19)
"Resale" shall 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.
(20)
"Sale" or "sell" includes any sale, exchange,
contract to sell, consignment for sale, shipment for sale, or other
disposition.
(21)
"Secondary school" means a day or residential school which
provides secondary education, as determined under state law.
(22)
"Tipped employee" means
any employee engaged in an occupation in which the employee customarily
received more than $30 a month in tips.
(23)
"Wage" paid to any
employee includes the reasonable cost, as determined by the labor commissioner,
to the employer of furnishing the employee with board, lodging, or other
facilities, if the board, lodging, or other facilities are customarily
furnished by the employer to the employees, provided that the cost of board,
lodging or other facilities shall not be included as a part of the wage paid to
any employee to the extent it is excluded therefrom under the terms of a bona
fide collective bargaining agreement applicable to the particular employee,
provided further, that the commissioner is authorized to determine the fair
value of the board, lodging, or other facilities for defined classes of
employees and in defined areas, based on average cost to the employer or to
groups of employers similarly situated, or average value to groups of
employees, or other appropriate measures of fair value. The evaluations, where
applicable and pertinent, shall be used in lieu of actual measure of cost in
determining the wage paid to any employee. In determining the wage of a tipped
employee, the amount paid the employee by the employer shall be deemed to be
increased on account of tips by an amount determined by the employer, but not
by an amount in excess of 40 percent of the applicable minimum wage rate,
except that the amount of the increase on account of tips determined by the
employer may not exceed the value of tips actually received by the employee.
The previous sentence shall not apply with respect to any tipped employee
unless:
a. The employee has been informed by
the employer of the provisions of this definition, and
b. All tips received by the employee have
been retained by the employee, except that this definition shall not be
construed to prohibit the pooling of tips among employees who customarily and
regularly receive tips.
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