91A.3 MODE OF PAYMENT.
1. An employer shall pay all wages due its employees, less any
lawful deductions specified in section 91A.5, at least in monthly,
semimonthly, or biweekly installments on regular paydays which are at
consistent intervals from each other and which are designated in
advance by the employer. However, if any of these wages due its
employees are determined on a commission basis, the employer may,
upon agreement with the employee, pay only a credit against such
wages. If such credit is paid, the employer shall, at regular
intervals, pay any difference between a credit paid against wages
determined on a commission basis and such wages actually earned on a
commission basis. These regular intervals shall not be separated by
more than twelve months. A regular payday shall not be more than
twelve days, excluding Sundays and legal holidays, after the end of
the period in which the wages were earned. An employer and employee
may, upon written agreement which shall be maintained as a record,
vary the provisions of this subsection.
2. The wages paid under subsection 1 shall be paid in United
States currency or by written instrument issued by the employer and
negotiable on demand at full face value for such currency, unless the
employee has agreed in writing to receive a part of or all wages in
kind or in other form.
3. a. The wages paid under subsection 1 shall be paid at the
employee's normal place of employment during normal employment hours
or at a place and hour mutually agreed upon by the employer and
employee, or the employee may elect to have the wages sent for direct
deposit, on or by the regular payday of the employee, into a
financial institution designated by the employee. Upon written
request by the employee, wages due may be sent to the employee by
mail. The employer shall maintain a copy of the request for as long
as it is effective and for at least two years thereafter. An
employee hired on or after July 1, 2005, may be required, as a
condition of employment, to participate in direct deposit of the
employee's wages in a financial institution of the employee's choice
unless any of the following conditions exist:
(1) The costs to the employee of establishing and maintaining an
account for purposes of the direct deposit would effectively reduce
the employee's wages to a level below the minimum wage provided under
section 91D.1.
(2) The employee would incur fees charged to the employee's
account as a result of the direct deposit.
(3) The provisions of a collective bargaining agreement mutually
agreed upon by the employer and the employee organization prohibit
the employer from requiring an employee to sign up for direct deposit
as a condition of hire.
b. If the employer fails to pay an employee's wages on or by
the regular payday in accordance with this subsection, the employer
is liable for the amount of any overdraft charge if the overdraft is
created on the employee's account because of the employer's failure
to pay the wages on or by the regular payday. The overdraft charges
may be the basis for a claim under section 91A.10 and for damages
under section 91A.8.
4. The wages paid under subsection 1 may be delivered to a
designee of the employee who is so designated in writing or may be
sent to the employee by any reasonable means requested by the
employee in writing. A designee under this subsection shall not also
be an assignee or buyer of wages under section 539.4 nor a garnisher
of the employee under chapter 642, unless the designee complies with
the provisions of section 539.4 and chapter 642.
5. If an employee is absent from the normal place of employment
on the regular payday, the employer shall, upon demand of the
employee made within the first seven days following the regular
payday, pay the wages, less any lawful deductions specified in
section 91A.5, which were due on that regular payday. However, if
demand is not made within this seven-day period, the employer shall,
upon demand of the employee, pay the wages which were due on a
regular payday within the first seven days following the day on which
demand is made.
6. Expenses by the employee which are authorized by the employer
and incurred by the employee shall either be reimbursed in advance of
expenditure or be reimbursed not later than thirty days after the
employee's submission of an expense claim. If the employer refuses
to pay all or part of each claim, the employer shall submit to the
employee a written justification of such refusal within the same time
period in which expense claims are paid under this subsection.
7. If a farm labor contractor contracts with a person engaged in
the production of seed or feed grains to remove unwanted or
genetically deviant plants or corn tassels or to hand pollinate
plants, and fails to pay all wages due the employees of the farm
labor contractor, the person engaged in the production of seed or
feed grains shall also be liable to the employees for wages not paid
by the farm labor contractor.
91A.3 MODE OF PAYMENT.
1. An employer shall pay all wages due its employees, less any
lawful deductions specified in section 91A.5, at least in monthly,
semimonthly, or biweekly installments on regular paydays which are at
consistent intervals from each other and which are designated in
advance by the employer. However, if any of these wages due its
employees are determined on a commission basis, the employer may,
upon agreement with the employee, pay only a credit against such
wages. If such credit is paid, the employer shall, at regular
intervals, pay any difference between a credit paid against wages
determined on a commission basis and such wages actually earned on a
commission basis. These regular intervals shall not be separated by
more than twelve months. A regular payday shall not be more than
twelve days, excluding Sundays and legal holidays, after the end of
the period in which the wages were earned. An employer and employee
may, upon written agreement which shall be maintained as a record,
vary the provisions of this subsection.
2. The wages paid under subsection 1 shall be paid in United
States currency or by written instrument issued by the employer and
negotiable on demand at full face value for such currency, unless the
employee has agreed in writing to receive a part of or all wages in
kind or in other form.
3. a. The wages paid under subsection 1 shall be paid at the
employee's normal place of employment during normal employment hours
or at a place and hour mutually agreed upon by the employer and
employee, or the employee may elect to have the wages sent for direct
deposit, on or by the regular payday of the employee, into a
financial institution designated by the employee. Upon written
request by the employee, wages due may be sent to the employee by
mail. The employer shall maintain a copy of the request for as long
as it is effective and for at least two years thereafter. An
employee hired on or after July 1, 2005, may be required, as a
condition of employment, to participate in direct deposit of the
employee's wages in a financial institution of the employee's choice
unless any of the following conditions exist:
(1) The costs to the employee of establishing and maintaining an
account for purposes of the direct deposit would effectively reduce
the employee's wages to a level below the minimum wage provided under
section 91D.1.
(2) The employee would incur fees charged to the employee's
account as a result of the direct deposit.
(3) The provisions of a collective bargaining agreement mutually
agreed upon by the employer and the employee organization prohibit
the employer from requiring an employee to sign up for direct deposit
as a condition of hire.
b. If the employer fails to pay an employee's wages on or by
the regular payday in accordance with this subsection, the employer
is liable for the amount of any overdraft charge if the overdraft is
created on the employee's account because of the employer's failure
to pay the wages on or by the regular payday. The overdraft charges
may be the basis for a claim under section 91A.10 and for damages
under section 91A.8.
4. The wages paid under subsection 1 may be delivered to a
designee of the employee who is so designated in writing or may be
sent to the employee by any reasonable means requested by the
employee in writing. A designee under this subsection shall not also
be an assignee or buyer of wages under section 539.4 nor a garnisher
of the employee under chapter 642, unless the designee complies with
the provisions of section 539.4 and chapter 642.
5. If an employee is absent from the normal place of employment
on the regular payday, the employer shall, upon demand of the
employee made within the first seven days following the regular
payday, pay the wages, less any lawful deductions specified in
section 91A.5, which were due on that regular payday. However, if
demand is not made within this seven-day period, the employer shall,
upon demand of the employee, pay the wages which were due on a
regular payday within the first seven days following the day on which
demand is made.
6. Expenses by the employee which are authorized by the employer
and incurred by the employee shall either be reimbursed in advance of
expenditure or be reimbursed not later than thirty days after the
employee's submission of an expense claim. If the employer refuses
to pay all or part of each claim, the employer shall submit to the
employee a written justification of such refusal within the same time
period in which expense claims are paid under this subsection.
7. If a farm labor contractor contracts with a person engaged in
the production of seed or feed grains to remove unwanted or
genetically deviant plants or corn tassels or to hand pollinate
plants, and fails to pay all wages due the employees of the farm
labor contractor, the person engaged in the production of seed or
feed grains shall also be liable to the employees for wages not paid
by the farm labor contractor.
91A.3 MODE OF PAYMENT.
1. An employer shall pay all wages due its employees, less any
lawful deductions specified in section 91A.5, at least in monthly,
semimonthly, or biweekly installments on regular paydays which are at
consistent intervals from each other and which are designated in
advance by the employer. However, if any of these wages due its
employees are determined on a commission basis, the employer may,
upon agreement with the employee, pay only a credit against such
wages. If such credit is paid, the employer shall, at regular
intervals, pay any difference between a credit paid against wages
determined on a commission basis and such wages actually earned on a
commission basis. These regular intervals shall not be separated by
more than twelve months. A regular payday shall not be more than
twelve days, excluding Sundays and legal holidays, after the end of
the period in which the wages were earned. An employer and employee
may, upon written agreement which shall be maintained as a record,
vary the provisions of this subsection.
2. The wages paid under subsection 1 shall be paid in United
States currency or by written instrument issued by the employer and
negotiable on demand at full face value for such currency, unless the
employee has agreed in writing to receive a part of or all wages in
kind or in other form.
3. a. The wages paid under subsection 1 shall be paid at the
employee's normal place of employment during normal employment hours
or at a place and hour mutually agreed upon by the employer and
employee, or the employee may elect to have the wages sent for direct
deposit, on or by the regular payday of the employee, into a
financial institution designated by the employee. Upon written
request by the employee, wages due may be sent to the employee by
mail. The employer shall maintain a copy of the request for as long
as it is effective and for at least two years thereafter. An
employee hired on or after July 1, 2005, may be required, as a
condition of employment, to participate in direct deposit of the
employee's wages in a financial institution of the employee's choice
unless any of the following conditions exist:
(1) The costs to the employee of establishing and maintaining an
account for purposes of the direct deposit would effectively reduce
the employee's wages to a level below the minimum wage provided under
section 91D.1.
(2) The employee would incur fees charged to the employee's
account as a result of the direct deposit.
(3) The provisions of a collective bargaining agreement mutually
agreed upon by the employer and the employee organization prohibit
the employer from requiring an employee to sign up for direct deposit
as a condition of hire.
b. If the employer fails to pay an employee's wages on or by
the regular payday in accordance with this subsection, the employer
is liable for the amount of any overdraft charge if the overdraft is
created on the employee's account because of the employer's failure
to pay the wages on or by the regular payday. The overdraft charges
may be the basis for a claim under section 91A.10 and for damages
under section 91A.8.
4. The wages paid under subsection 1 may be delivered to a
designee of the employee who is so designated in writing or may be
sent to the employee by any reasonable means requested by the
employee in writing. A designee under this subsection shall not also
be an assignee or buyer of wages under section 539.4 nor a garnisher
of the employee under chapter 642, unless the designee complies with
the provisions of section 539.4 and chapter 642.
5. If an employee is absent from the normal place of employment
on the regular payday, the employer shall, upon demand of the
employee made within the first seven days following the regular
payday, pay the wages, less any lawful deductions specified in
section 91A.5, which were due on that regular payday. However, if
demand is not made within this seven-day period, the employer shall,
upon demand of the employee, pay the wages which were due on a
regular payday within the first seven days following the day on which
demand is made.
6. Expenses by the employee which are authorized by the employer
and incurred by the employee shall either be reimbursed in advance of
expenditure or be reimbursed not later than thirty days after the
employee's submission of an expense claim. If the employer refuses
to pay all or part of each claim, the employer shall submit to the
employee a written justification of such refusal within the same time
period in which expense claims are paid under this subsection.
7. If a farm labor contractor contracts with a person engaged in
the production of seed or feed grains to remove unwanted or
genetically deviant plants or corn tassels or to hand pollinate
plants, and fails to pay all wages due the employees of the farm
labor contractor, the person engaged in the production of seed or
feed grains shall also be liable to the employees for wages not paid
by the farm labor contractor.
