Employment law is the broad legal term that is used to describe a wide range of legal issues associated with employees, employers, and safety conditions in the workplace. An example of this would be how some state or federal employment laws may apply to a case involving employment discrimination, while other employment laws may simply provide guidance when drafting company policies and/or employee handbooks.
The overall purpose of employment and labor laws is to protect all of the individuals that make up the workforce. Employment and labor laws typically cover the following:
- Establishing protection for employees who have a legal dispute against a colleague, an employer, or a company;
- Ensuring that businesses do not discriminate against prospective job candidates or their current employees during the interviewing, hiring, promoting, working, or terminating processes;
- Granting specific rights to employees who are self-employed, or are considered to be independent contractors;
- Ensuring that non paid employees such as volunteers and interns are also not exposed to sexual harassment, discrimination, and/or retaliation in the workplace; and
- Many other legal topics that are commonly associated with employment rights in general.
It is important to note that employment laws will vary widely by jurisdiction, because state laws may add onto federal labor laws. This means that the employee rights that are protected by one state may not be available as a protection under the laws of another state. Additionally, some labor law issues may be governed by both state and federal employment laws. For example in the state of Iowa, maternity or pregnancy leave is governed by both federal laws and state laws.
According to the federal labor laws, which are compiled as the Fair Labor Standards Act (“FLSA”) and the Internal Revenue Code (“IRC”), there are a number of ways in which an employee may be classified. Specifically, federal laws divide workers into two main categories of employment: normal employees and independent contractors.
Examples of the most common types of employment that a worker’s job can be classified as include:
- Full time or part time employment;
- Seasonal or temporary employment;
- Independent contractors;
- Freelancers;
- Consultants; and/or
- Temporary workers.
- It is important to note that this type of employment differs from that of a worker who is considered to be a temporary employee.
Being aware of which type of employment an employee is categorized as is important because the kind of employment that a worker is classified as will determine:
- What kinds of employment benefits they can receive;
- What types of legal rights they have as a worker;
- Whether or not the employee will qualify for specific, additional benefits; and
- What sort of tasks the employer will be legally tasked with in regards to that employee, such as withholding income taxes.
Does Iowa Have Its Own Set of Labor Laws?
In short, yes. As mentioned above Iowa employers are required to adhere to federal labor laws. However, the state of Iowa has its own set of additional labor laws. Local labor laws in Iowa cover various different aspects of employment law, such as:
- Laws regarding minimum wage;
- Laws regarding overtime;
- Laws regarding breaks;
- Laws regarding maternity leave;
- Laws regarding vacation time;
- Laws regarding sick leave; and
- Laws regarding holiday pay and time.
Do the Laws in Iowa Make a Differentiation for Full-Time and Part-time Workers?
No, neither state or federal labor laws have set legal restrictions or standards on what constitutes a part-time or full-time employee in Iowa. Because of this, each employer in Iowa has the ability to create their own criteria as to what makes a person a full-time employee or a part-time employee.
However, the most common structure for a full-time employee in Iowa is a 40 hour work week. The reason that a 40 hour work week is so common is because that is the maximum amount of time an employee may work in a work week without the employer having to pay the employee overtime.
What Are the Overtime Laws in Iowa?
It is important to first note that Iowa has no state laws that protect Iowa employees from overtime or give employees a right to overtime payment. However, federal overtime laws apply in the state of Iowa. As such, the Fair Labor Standards Act (“FLSA”) states that an employer must pay their employees a rate of one and a half hours for all hours that an employee works over 40 hours.
For example, if an employee works a 50 hour work week in Iowa at a pay rate of $20 an hour, that employee would be entitled to their standard pay rate of $20 an hour for the first 40 hours worked, and then be entitled to a pay rate of $30 an hour (one and a half times their standard pay rate of $20 an hour) for 10 hours they worked over 40 hours. As such, the fictional employee above would be entitled to a total work week pay of $1,100, with $800 being paid for the first 40 hours they worked, and an additional $300 being paid for the overtime hours they worked above 40 hours.
It is important to note that if an employee is exempt from FLSA requirements, then the employer does not have to pay that employee overtime. For example, if the fictional employee above is paid a weekly salary of $1,000, they would not be entitled to extra pay for working the extra 10 hours.
What Is the Minimum Wage in Iowa?
As of 2009, the federal minimum wage is $7.25 per hour. As such, $7.25 is the minimum hourly pay any non-exempt worker in the United States must be paid for their work. Importantly, the Federal Minimum Wage is applicable nationwide. This means that federal minimum wage laws override any state laws that provide a lower minimum wage rate. The reason for this is to ensure that the local minimum wage in all states is at least $7.25 per hour.
However, states and localities may choose to enact laws that impose a higher minimum wage for workers in their area. Iowa is not such a state that has enacted laws setting a higher minimum wage. As such, Iowa’s state minimum wage rate is $7.25 per hour, the same as the current Federal Minimum Wage rate.
What Are the Iowa Labor Laws Concerning Meals, Breaks, and Time Off?
In the state of Iowa, employees are entitled to a meal period of 30 minutes per shift to eat, if the employee is under the age of 16 and is working five or more hours. However, Iowa does not have any state labor laws that grant Iowa workers over the age 16 year a break for meals.
Once again, federal rules will apply when it comes to required meals and breaks. Under the federal rules an employer is not required to provide a period of time for an employee to eat a meal, but an employer must give an employee paid breaks that last 20 minutes or less. It is important to note that break periods which last 30 minutes or more in time, do not require that the employee be paid.
In addition to adhering to the federal laws on meals and breaks, all companies in Iowa must also adhere to the federal Family and Medical Leave Act (“FMLA”) regarding medical, family, and emergency leave. The federal FMLA permits qualifying employees to take up to 12 weeks of unpaid leave off in order to deal with a medical or family emergency.
Further, Iowa employees are entitled to 8 weeks of maternity or pregnancy-related leave in addition to the leave that they are entitled to under the FMLA. As such, Iowa state employers are expected to treat pregnancy as a temporary disability.
What Are the Iowa Laws Concerning Holiday Pay?
In the state of Iowa, private employers are not required to provide any of their employees holiday leave. Additionally, Iowa state employers are also not required to pay their employees a higher rate for working holidays, unless the holiday worked constitutes overtime pay. However, if an employer provides for holiday leave or pay in its employment contract between the employer and employee, then the employer must honor that employment contract.
In contrast to private employees, state employees are actually given paid time off from work for certain recognized holidays in the state of Iowa. Employees that work for the state of Iowa are allowed to take the day off work with pay for the following recognized state holidays:
- New Year’s Day
- Martin Luther King Jr.’s Birthday;
- Memorial Day;
- American Independence Day;
- Labor Day;
- Veteran’s Day;
- Thanksgiving Day, along with the Friday after Thanksgiving; and
- Christmas Day.
In addition to the above listed holidays, employees for the state of Iowa may also take the day off without pay for Abraham Lincoln’s birthday and George Washington’s birthday. Importantly, when an Iowa state holiday falls on a Sunday that holiday will be observed the following Monday. Sick time and vacation time will not be accumulated for the paid days off.
How Can an Iowa Labor Lawyer Help Me?
As can be seen, there are numerous labor laws, both federal and state, that provide protections and rights to Iowa employees. As such, if you believe that your employer has violated your rights as an employee, it is in your best interests to consult with an experienced Iowa labor lawyer.
An experienced Iowa labor lawyer will be able to help you determine whether or not an employer has violated your rights as an employee. Additionally, an employment lawyer will also be able to help you determine your best course of legal action to recover for any losses you may have suffered as a result of your employee rights being violated.
Finally, an attorney can initiate a private lawsuit on your behalf against your employer, and represent your interests in court, as necessary.
