State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-2 > Chapter-91a > 91a-2

        91A.2  DEFINITIONS.
         As used in this chapter:
         1.  "Commissioner" means the labor commissioner or a designee.

         2.  "Days" means calendar days.
         3.  "Employee" means a natural person who is employed in this
      state for wages by an employer.  Employee also includes a commission
      salesperson who takes orders or performs services on behalf of a
      principal and who is paid on the basis of commissions but does not
      include persons who purchase for their own account for resale.  For
      the purposes of this chapter, the following persons engaged in
      agriculture are not employees:
         a.  The spouse of the employer and relatives of either the
      employer or spouse residing on the premises of the employer.
         b.  A person engaged in agriculture as an owner-operator or
      tenant-operator and the spouse or relatives of either who reside on
      the premises while exchanging labor with the operator or for other
      mutual benefit of any and all such persons.
         c.  Neighboring persons engaged in agriculture who are
      exchanging labor or other services.
         4.  "Employer" means a person, as defined in chapter 4, who in
      this state employs for wages a natural person.  An employer does not
      include a client, patient, customer, or other person who obtains
      professional services from a licensed person who provides the
      services on a fee service basis or as an independent contractor.
         5.  "Health benefit plan" means a plan or agreement provided
      by an employer for employees for the provision of or payment for care
      and treatment of sickness or injury.
         6.  "Liquidated damages" means the sum of five percent
      multiplied by the amount of any wages that were not paid or of any
      authorized expenses that were not reimbursed on a regular payday or
      on another day pursuant to section 91A.3 multiplied by the total
      number of days, excluding Sundays, legal holidays, and the first
      seven days after the regular payday on which wages were not paid or
      expenses were not reimbursed. However, such sum shall not exceed the
      amount of the unpaid wages and shall not accumulate when an employer
      is subject to a petition filed in bankruptcy.
         7.  "Wages" means compensation owed by an employer for:
         a.  Labor or services rendered by an employee, whether
      determined on a time, task, piece, commission, or other basis of
      calculation.
         b.  Vacation, holiday, sick leave, and severance payments
      which are due an employee under an agreement with the employer or
      under a policy of the employer.
         c.  Any payments to the employee or to a fund for the benefit
      of the employee, including but not limited to payments for medical,
      health, hospital, welfare, pension, or profit-sharing, which are due
      an employee under an agreement with the employer or under a policy of
      the employer. The assets of an employee in a fund for the benefit of
      the employee, whether such assets were originally paid into the fund
      by an employer or employee, are not wages.
         d.  Expenses incurred and recoverable under a health benefit
      plan.  
         Section History: Early Form
         [C77, 79, 81, § 91A.2] 
         Section History: Recent Form
         84 Acts, ch 1129, § 2; 84 Acts, ch 1270, § 1; 85 Acts, ch 119, §1;
      86 Acts, ch 1124, § 6, 7
         Referred to in § 91B.1, 91B.2, 91E.1, 626.69

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-2 > Chapter-91a > 91a-2

        91A.2  DEFINITIONS.
         As used in this chapter:
         1.  "Commissioner" means the labor commissioner or a designee.

         2.  "Days" means calendar days.
         3.  "Employee" means a natural person who is employed in this
      state for wages by an employer.  Employee also includes a commission
      salesperson who takes orders or performs services on behalf of a
      principal and who is paid on the basis of commissions but does not
      include persons who purchase for their own account for resale.  For
      the purposes of this chapter, the following persons engaged in
      agriculture are not employees:
         a.  The spouse of the employer and relatives of either the
      employer or spouse residing on the premises of the employer.
         b.  A person engaged in agriculture as an owner-operator or
      tenant-operator and the spouse or relatives of either who reside on
      the premises while exchanging labor with the operator or for other
      mutual benefit of any and all such persons.
         c.  Neighboring persons engaged in agriculture who are
      exchanging labor or other services.
         4.  "Employer" means a person, as defined in chapter 4, who in
      this state employs for wages a natural person.  An employer does not
      include a client, patient, customer, or other person who obtains
      professional services from a licensed person who provides the
      services on a fee service basis or as an independent contractor.
         5.  "Health benefit plan" means a plan or agreement provided
      by an employer for employees for the provision of or payment for care
      and treatment of sickness or injury.
         6.  "Liquidated damages" means the sum of five percent
      multiplied by the amount of any wages that were not paid or of any
      authorized expenses that were not reimbursed on a regular payday or
      on another day pursuant to section 91A.3 multiplied by the total
      number of days, excluding Sundays, legal holidays, and the first
      seven days after the regular payday on which wages were not paid or
      expenses were not reimbursed. However, such sum shall not exceed the
      amount of the unpaid wages and shall not accumulate when an employer
      is subject to a petition filed in bankruptcy.
         7.  "Wages" means compensation owed by an employer for:
         a.  Labor or services rendered by an employee, whether
      determined on a time, task, piece, commission, or other basis of
      calculation.
         b.  Vacation, holiday, sick leave, and severance payments
      which are due an employee under an agreement with the employer or
      under a policy of the employer.
         c.  Any payments to the employee or to a fund for the benefit
      of the employee, including but not limited to payments for medical,
      health, hospital, welfare, pension, or profit-sharing, which are due
      an employee under an agreement with the employer or under a policy of
      the employer. The assets of an employee in a fund for the benefit of
      the employee, whether such assets were originally paid into the fund
      by an employer or employee, are not wages.
         d.  Expenses incurred and recoverable under a health benefit
      plan.  
         Section History: Early Form
         [C77, 79, 81, § 91A.2] 
         Section History: Recent Form
         84 Acts, ch 1129, § 2; 84 Acts, ch 1270, § 1; 85 Acts, ch 119, §1;
      86 Acts, ch 1124, § 6, 7
         Referred to in § 91B.1, 91B.2, 91E.1, 626.69

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-2 > Chapter-91a > 91a-2

        91A.2  DEFINITIONS.
         As used in this chapter:
         1.  "Commissioner" means the labor commissioner or a designee.

         2.  "Days" means calendar days.
         3.  "Employee" means a natural person who is employed in this
      state for wages by an employer.  Employee also includes a commission
      salesperson who takes orders or performs services on behalf of a
      principal and who is paid on the basis of commissions but does not
      include persons who purchase for their own account for resale.  For
      the purposes of this chapter, the following persons engaged in
      agriculture are not employees:
         a.  The spouse of the employer and relatives of either the
      employer or spouse residing on the premises of the employer.
         b.  A person engaged in agriculture as an owner-operator or
      tenant-operator and the spouse or relatives of either who reside on
      the premises while exchanging labor with the operator or for other
      mutual benefit of any and all such persons.
         c.  Neighboring persons engaged in agriculture who are
      exchanging labor or other services.
         4.  "Employer" means a person, as defined in chapter 4, who in
      this state employs for wages a natural person.  An employer does not
      include a client, patient, customer, or other person who obtains
      professional services from a licensed person who provides the
      services on a fee service basis or as an independent contractor.
         5.  "Health benefit plan" means a plan or agreement provided
      by an employer for employees for the provision of or payment for care
      and treatment of sickness or injury.
         6.  "Liquidated damages" means the sum of five percent
      multiplied by the amount of any wages that were not paid or of any
      authorized expenses that were not reimbursed on a regular payday or
      on another day pursuant to section 91A.3 multiplied by the total
      number of days, excluding Sundays, legal holidays, and the first
      seven days after the regular payday on which wages were not paid or
      expenses were not reimbursed. However, such sum shall not exceed the
      amount of the unpaid wages and shall not accumulate when an employer
      is subject to a petition filed in bankruptcy.
         7.  "Wages" means compensation owed by an employer for:
         a.  Labor or services rendered by an employee, whether
      determined on a time, task, piece, commission, or other basis of
      calculation.
         b.  Vacation, holiday, sick leave, and severance payments
      which are due an employee under an agreement with the employer or
      under a policy of the employer.
         c.  Any payments to the employee or to a fund for the benefit
      of the employee, including but not limited to payments for medical,
      health, hospital, welfare, pension, or profit-sharing, which are due
      an employee under an agreement with the employer or under a policy of
      the employer. The assets of an employee in a fund for the benefit of
      the employee, whether such assets were originally paid into the fund
      by an employer or employee, are not wages.
         d.  Expenses incurred and recoverable under a health benefit
      plan.  
         Section History: Early Form
         [C77, 79, 81, § 91A.2] 
         Section History: Recent Form
         84 Acts, ch 1129, § 2; 84 Acts, ch 1270, § 1; 85 Acts, ch 119, §1;
      86 Acts, ch 1124, § 6, 7
         Referred to in § 91B.1, 91B.2, 91E.1, 626.69