HerringLaw: Civil Rights & Discrimination Law in Iowa

Three Tips: Wage Payment Collection Act

In the initial comment in the Three Tips topic area I noted: "2. One powerful protection for employees in Iowa is the Wage Payment Collection Act, Chapter 91A of the Code. Basically, the law was passed and has been interpreted in a favorable way for employees to facilitate their being able to collect the wages due them when they leave their employment. Of course, the Devil is around there too, but the statute is fairly clear in its requirements. The best way to deal with disputes over who owes what, how much and when is to deal directly with your [former] employer, since lawsuits are unpleasant and perhaps even unnecessary."

The law is found in the Iowa Code and has been construed favorably toward employees, for good reason. It is also a fairly clear and defined law so that both parties to an employment relationship can know what the expectations are. Basically, the employer cannot usually withhold amounts from wages due but must pay the wages which are due after an employee is terminated, for whatever reason. There are exceptions to that rule, as pointed out in the text of the law. So, an employer trying to decide how much to pay the soon-to-be former employee might be wise to figure that out ahead of time and make sure the employee knows what he or she will be getting ahead of time. Employers are protected from liquidated damages where the dispute over what is due is legitimate, but the fact that attorney fees may also result from litigation might lead an employer to try to work out a settlement ahead of time for a relatively small amount.

Three Tips: At Will Employment

In my earlier post I said, "1. Unless you have a contract of employment [oral or written or implied, subject to many circumstances special to a situation], a public policy recognized in Iowa or a statutory protection, you are an employee "at will" and either or both you and your employer can call a halt to your employment relationship for no reason at all. As is true in most situations in the law, "the Devil is in the details". A good general discussion of employment law, including this topic, is at Workplace Fairness "

This is evidently a topic of much discussion currently [swirling around the Alberto Gonzalez situation] , as several commentators have stated that the concept of 'at will employment' is a Myth [ Ed Morrissey], which has also been critiqued by others. Mr. Morrissey's point is well taken, that there are real-life expenses associated with firing people that prevent an easy decision, but he's wrong to think that the usual person will rush right out and hire a lawyer who will descend upon the employer with demands for documents and such. The reality is that most employers are in a more powerful position and most fired persons are more needy and the first thing they usually do is try to find another job or put a meal on the table. Even if they have a good reason to suspect foul play, most people don't just immediately think of litigation.

But the cost of defending against employment litigation will frequently mean that many employers will work out severance packages or take other steps to avoid litigation, if possible. And working out some sort of peaceful separation may well be in the best interests of both parties, saving the most eggregious cases for the minefield of lawsuits.

Three Tips: Part One

Faced with the dreaded blank page, I thought about what would make my posting and the reading pleasure of the reader easier. One idea is to have a focused discussion of Three Tips that can prove helpful to others.

So, for Part One: Three Tips for Employees in Iowa

1. Unless you have a contract of employment [oral or written or implied, subject to many circumstances special to a situation], a public policy recognized in Iowa or a statutory protection, you are an employee "at will" and either or both you and your employer can call a halt to your employment relationship for no reason at all. As is true in most situations in the law, "the Devil is in the details". A good general discussion of employment law, including this topic, is at Workplace Fairness

2. One powerful protection for employees in Iowa is the Wage Payment Collection Act, Chapter 91A of the Code. Basically, the law was passed and has been interpreted in a favorable way for employees to facilitate their being able to collect the wages due them when they leave their employment. Of course, the Devil is around there too, but the statute is fairly clear in its requirements. The best way to deal with disputes over who owes what, how much and when is to deal directly with your [former] employer, since lawsuits are unpleasant and perhaps even unnecessary.

3. Another protection for employees, subject to many limitations and exceptions, is the Drug Testing statute, Section 730.5 of the Iowa Code. A fairly good discussion from the perspective of the Workforce Development department can be found at Drug Testing Issues

Well, there are your Three Tips. I'll expand upon them in future blogging.