Iowa Admin. Code r. 875-218.113 - Sole-charge exception
(1) An
exception from the percentage limitations on nonexempt work is provided in
218.1(5) for "an employee who is in sole charge of an independent establishment
or a physically separated branch establishment... " These employees are
considered to be employed in a bona fide executive capacity even though they
exceed the applicable percentage limitation on nonexempt work.
(2) The term "independent establishment" must
be given full weight. The establishment must have a fixed location and must be
geographically separated from other company property. The management of
operations within one among several buildings located on a single or adjoining
tracts of company property does not qualify for the exemption under this
heading. In the case of a branch, there must be a true and complete physical
separation from the main office.
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