Iowa Admin. Code r. 875-215.4 - Exceptions
The rules contained in 875-Chapters 215 to 220 shall not apply with respect to:
(1) Any
employee 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 (except that an employee of a retail or
service establishment shall not be excluded from the definition of employee
employed in a bona fide executive or administrative capacity because of the
number of hours in employee 's workweek which the employee devotes to activities
not directly or closely related to the performance of executive or
administrative activities, if less than 40 percent of the employee 's hours
worked in the workweek are devoted to the activities).
(2) Any employee employed by a retail or
service establishment (except an establishment or employee engaged in
laundering, cleaning, or repairing clothing or fabrics or an establishment
engaged in the operation of a hospital, institution, or school described and
defined in 215.3(11)"e") if more than 50 percent of the
establishment's annual dollar volume of sales of goods or services is made
within the state in which the establishment is located, and the establishment
is not in an enterprise described and defined in 215.3(11). A "retail or
service establishment" shall mean an establishment 75 percent of whose annual
dollar volume of sales of goods or services (or of both) is not for resale and
is recognized as retail sales or services in the particular industry .
(3) Any employee employed by an establishment
which is an amusement or recreational establishment, organized camp, or
religious or nonprofit education conference center, if
a. It does not operate for more than seven
months in any calendar year, or
b.
During the preceding calendar year, its average receipts for any six months of
such year were not more than 33 1/3 percent of its average receipts for the
other six months of the year, except that the exemption provided does not apply
with respect to any employee of a private entity engaged in providing services
or facilities (other than a private entity engaged in providing services and
facilities directly related to skiing) in a national park or a national forest
or on land in the National Wildlife Refuge System, under a contract with the
Secretary of the Interior or the Secretary of Agriculture .
(4) Any employee employed by an establishment
which qualifies as an exempt retail establishment under 215.4(2) and is
recognized as a retail establishment in the particular industry notwithstanding
that the establishment makes or processes at the retail establishment the goods
that it sells, provided that more than 85 percent of the establishment's annual
dollar volume of sales of goods so made or processed is made within the state
in which the establishment is located.
(5) Any employee employed in the catching,
taking, propagating, harvesting, cultivating, or farming of any kind of fish,
shellfish, crustacean, sponges, seaweeds, or other aquatic forms of animal and
vegetable life, or the first processing, canning or packing such marine
products at sea as an incident to, or in conjunction with, such fishing
operations, including the going to and returning from work and loading and
unloading when performed by any employee .
(6) Any employee employed in agriculture :
a. If the employee is employed by an employer
who did not, during any calendar quarter during the preceding calendar year,
use more than 500 person -days of agricultural labor;
b. If the employee is the parent, spouse,
child, or other member of the employer 's immediate family;
c. If the employee :
1. Is employed as a hand harvest laborer and
is paid on a piece-rate basis in an operation which has been, and is
customarily and generally recognized as having been, paid on a piece-rate basis
in the region of employment,
2.
Commutes daily from the employee 's permanent residence to the farm on which the
employee is employed, and
3. Has
been employed in agriculture less than 13 weeks during the preceding calendar
year;
d. If the employee
(other than an employee described in 215.4(6)"c "):
1. Is 16 years of age or under and is
employed as a hand harvest laborer, is paid on a piece-rate basis in an
operation which has been, and is customarily and generally recognized as having
been, paid on a piece-rate basis in the region of employment,
2. Is employed on the same farm as the
employee 's parent or person standing in the place of the employee 's parent,
and
3. Is paid at the same piece
rate as employees over age 16 are paid on the same farm; or
e. If the employee is principally
engaged in the range production of livestock.
(7) Any employee to the extent that the
employee is exempted by regulations, order, or certificate of the Secretary of
Labor issued under the federal Fair Labor Standards Act,
29 U.S.C.
214.
(8) Any employee employed in connection with
the publication of any weekly, semiweekly, or daily newspaper with a
circulation of less than 4,000, having the major part of its circulation within
the county where published or counties contiguous thereto.
(9) Reserved.
(10) Any switchboard operator employed by an
independently owned public telephone company which has not more than 750
stations.
(11) Reserved.
(12) Any employee employed as a stevedore on
a vessel other than an American vessel .
(13) Reserved.
(14) Any employee employed on a casual basis
in domestic service employment to provide babysitting services or any employee
employed in domestic service employment to provide companionship services for
individuals who (because of age or infirmity) are unable to care for
themselves.
(15) Any enterprise
whose annual gross volume of sales made or business done (exclusive of excise
taxes at the retail level which are separately stated) falls below the
applicable amount so stated in 215.3(11) which initially required compliance.
Future compliance shall be determined following each succeeding quarter with
the gross volume of sales made or business done (exclusive of excise taxes at
the retail level which are separately stated) from the most recent four
quarters being totaled to determine an annual gross. The gross amount initially
requiring compliance shall continue in effect.
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