91D.1 MINIMUM WAGE REQUIREMENTS -- EXCEPTIONS.
1. a. The state hourly wage shall be at least $6.20 as of
April 1, 2007, and $7.25 as of January 1, 2008.
b. Every employer, as defined in the federal Fair Labor
Standards Act of 1938, as amended to January 1, 2007, shall pay to
each of the employer's employees, as defined in the federal Fair
Labor Standards Act of 1938, as amended to January 1, 2007, the state
hourly wage stated in paragraph "a", or the current federal
minimum wage, pursuant to 29 U.S.C. § 206, as amended, whichever is
greater.
c. For purposes of determining whether an employee of a
restaurant, hotel, motel, inn, or cabin, who customarily and
regularly receives more than thirty dollars a month in tips is
receiving the minimum hourly wage rate prescribed by this section,
the amount paid the employee by the employer shall be deemed to be
increased on account of the tips by an amount determined by the
employer, not to exceed forty percent of the applicable minimum wage.
An employee may file a written appeal with the labor commissioner if
the amount of tips received by the employee is less than the amount
determined by the employer under this subsection.
d. An employer is not required to pay an employee the
applicable state hourly wage provided in paragraph "a" until the
employee has completed ninety calendar days of employment with the
employer. An employee who has completed ninety calendar days of
employment with the employer prior to April 1, 2007, or January 1,
2008, shall earn the applicable state hourly minimum wage as of that
date. An employer shall pay an employee who has not completed ninety
calendar days of employment with the employer an hourly wage of at
least $5.30 as of April 1, 2007, and $6.35 as of January 1, 2008.
2. a. The exemptions from the minimum wage requirements
stated in 29 U.S.C. § 213, as amended to January 1, 2007, shall
apply, except as otherwise provided in this subsection.
b. Except as provided in paragraph "c", the minimum wage
requirements set forth in this section shall not apply to 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 less than three hundred thousand dollars.
c. The minimum wage requirements set forth in this section
shall apply to the following without regard to gross volume of sales
or business done:
(1) An enterprise engaged in the business of laundering,
cleaning, or repairing clothing or fabrics.
(2) An enterprise engaged in construction or reconstruction.
(3) An enterprise engaged in the operation of a hospital; an
institution primarily engaged in the care of the sick, the aged, or
the mentally ill or persons who have symptoms of mental illness who
reside on the premises of such institution; a school for persons with
mental or physical disabilities or for gifted children; a preschool,
elementary or secondary school; or an institution of higher
education. This subparagraph applies regardless of whether any such
described hospital, institution, or school is public or private or
operated for profit or not for profit.
(4) A public agency.
3. The labor commissioner shall adopt rules to implement and
administer this section.
4. This section shall be enforced pursuant to chapter 91A.
Section History: Recent Form
89 Acts, ch 14, §1; 2007 Acts, ch 1, §1--3; 2008 Acts, ch 1017, §1
Referred to in § 49.20, 91A.3
Footnotes
Labor commissioner shall not impose liquidated damages pursuant to
chapter 91A for employer violations of 2007 amendments to this
section committed prior to July 1, 2007; 2007 Acts, ch 1, § 2
91D.1 MINIMUM WAGE REQUIREMENTS -- EXCEPTIONS.
1. a. The state hourly wage shall be at least $6.20 as of
April 1, 2007, and $7.25 as of January 1, 2008.
b. Every employer, as defined in the federal Fair Labor
Standards Act of 1938, as amended to January 1, 2007, shall pay to
each of the employer's employees, as defined in the federal Fair
Labor Standards Act of 1938, as amended to January 1, 2007, the state
hourly wage stated in paragraph "a", or the current federal
minimum wage, pursuant to 29 U.S.C. § 206, as amended, whichever is
greater.
c. For purposes of determining whether an employee of a
restaurant, hotel, motel, inn, or cabin, who customarily and
regularly receives more than thirty dollars a month in tips is
receiving the minimum hourly wage rate prescribed by this section,
the amount paid the employee by the employer shall be deemed to be
increased on account of the tips by an amount determined by the
employer, not to exceed forty percent of the applicable minimum wage.
An employee may file a written appeal with the labor commissioner if
the amount of tips received by the employee is less than the amount
determined by the employer under this subsection.
d. An employer is not required to pay an employee the
applicable state hourly wage provided in paragraph "a" until the
employee has completed ninety calendar days of employment with the
employer. An employee who has completed ninety calendar days of
employment with the employer prior to April 1, 2007, or January 1,
2008, shall earn the applicable state hourly minimum wage as of that
date. An employer shall pay an employee who has not completed ninety
calendar days of employment with the employer an hourly wage of at
least $5.30 as of April 1, 2007, and $6.35 as of January 1, 2008.
2. a. The exemptions from the minimum wage requirements
stated in 29 U.S.C. § 213, as amended to January 1, 2007, shall
apply, except as otherwise provided in this subsection.
b. Except as provided in paragraph "c", the minimum wage
requirements set forth in this section shall not apply to 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 less than three hundred thousand dollars.
c. The minimum wage requirements set forth in this section
shall apply to the following without regard to gross volume of sales
or business done:
(1) An enterprise engaged in the business of laundering,
cleaning, or repairing clothing or fabrics.
(2) An enterprise engaged in construction or reconstruction.
(3) An enterprise engaged in the operation of a hospital; an
institution primarily engaged in the care of the sick, the aged, or
the mentally ill or persons who have symptoms of mental illness who
reside on the premises of such institution; a school for persons with
mental or physical disabilities or for gifted children; a preschool,
elementary or secondary school; or an institution of higher
education. This subparagraph applies regardless of whether any such
described hospital, institution, or school is public or private or
operated for profit or not for profit.
(4) A public agency.
3. The labor commissioner shall adopt rules to implement and
administer this section.
4. This section shall be enforced pursuant to chapter 91A.
Section History: Recent Form
89 Acts, ch 14, §1; 2007 Acts, ch 1, §1--3; 2008 Acts, ch 1017, §1
Referred to in § 49.20, 91A.3
Footnotes
Labor commissioner shall not impose liquidated damages pursuant to
chapter 91A for employer violations of 2007 amendments to this
section committed prior to July 1, 2007; 2007 Acts, ch 1, § 2
91D.1 MINIMUM WAGE REQUIREMENTS -- EXCEPTIONS.
1. a. The state hourly wage shall be at least $6.20 as of
April 1, 2007, and $7.25 as of January 1, 2008.
b. Every employer, as defined in the federal Fair Labor
Standards Act of 1938, as amended to January 1, 2007, shall pay to
each of the employer's employees, as defined in the federal Fair
Labor Standards Act of 1938, as amended to January 1, 2007, the state
hourly wage stated in paragraph "a", or the current federal
minimum wage, pursuant to 29 U.S.C. § 206, as amended, whichever is
greater.
c. For purposes of determining whether an employee of a
restaurant, hotel, motel, inn, or cabin, who customarily and
regularly receives more than thirty dollars a month in tips is
receiving the minimum hourly wage rate prescribed by this section,
the amount paid the employee by the employer shall be deemed to be
increased on account of the tips by an amount determined by the
employer, not to exceed forty percent of the applicable minimum wage.
An employee may file a written appeal with the labor commissioner if
the amount of tips received by the employee is less than the amount
determined by the employer under this subsection.
d. An employer is not required to pay an employee the
applicable state hourly wage provided in paragraph "a" until the
employee has completed ninety calendar days of employment with the
employer. An employee who has completed ninety calendar days of
employment with the employer prior to April 1, 2007, or January 1,
2008, shall earn the applicable state hourly minimum wage as of that
date. An employer shall pay an employee who has not completed ninety
calendar days of employment with the employer an hourly wage of at
least $5.30 as of April 1, 2007, and $6.35 as of January 1, 2008.
2. a. The exemptions from the minimum wage requirements
stated in 29 U.S.C. § 213, as amended to January 1, 2007, shall
apply, except as otherwise provided in this subsection.
b. Except as provided in paragraph "c", the minimum wage
requirements set forth in this section shall not apply to 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 less than three hundred thousand dollars.
c. The minimum wage requirements set forth in this section
shall apply to the following without regard to gross volume of sales
or business done:
(1) An enterprise engaged in the business of laundering,
cleaning, or repairing clothing or fabrics.
(2) An enterprise engaged in construction or reconstruction.
(3) An enterprise engaged in the operation of a hospital; an
institution primarily engaged in the care of the sick, the aged, or
the mentally ill or persons who have symptoms of mental illness who
reside on the premises of such institution; a school for persons with
mental or physical disabilities or for gifted children; a preschool,
elementary or secondary school; or an institution of higher
education. This subparagraph applies regardless of whether any such
described hospital, institution, or school is public or private or
operated for profit or not for profit.
(4) A public agency.
3. The labor commissioner shall adopt rules to implement and
administer this section.
4. This section shall be enforced pursuant to chapter 91A.
Section History: Recent Form
89 Acts, ch 14, §1; 2007 Acts, ch 1, §1--3; 2008 Acts, ch 1017, §1
Referred to in § 49.20, 91A.3
Footnotes
Labor commissioner shall not impose liquidated damages pursuant to
chapter 91A for employer violations of 2007 amendments to this
section committed prior to July 1, 2007; 2007 Acts, ch 1, § 2
