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Iowa Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Iowa on
Q: If my first day of work is “time and a half/overtime” as incentive, does that count towards the 40 to be in overtime?

I worked a 12 hour “extra call in” at time and a half rate for incentive- I was told that didn’t count towards my “must work 40 hours to get overtime pay” so basically I was told that shift didn’t count towards my week- which messed up what I thought I would get by a significant amount,... Read more »

1 Answer | Asked in Employment Law and Business Law for Iowa on
Q: I’m being asked to sign a non-disparagement agreement in order to collect a severance package.

Are conversations held prior to the presentation of the agreement excluded?

Joseph B. LaRocco
Joseph B. LaRocco answered on Nov 18, 2021

Non-Disparagement Agreements are being quite common. They are enforceable, however, if no liquidated damages are stated in the agreement it might be quite difficult for the company to prove actual damages if you breach the agreement and say something derrogatory about the company, its officers,... Read more »

1 Answer | Asked in Employment Law for Iowa on
Q: Can an employer force you to drive a company vehicle when you weren't hired to drive anywhere to begin with

I have been there 11 years and now they are saying I need to run errands in a company car. I have a good driving record however I am always frightened to drive in the winter so I am curious if they can force me to do so when it wasn't part of my job before.

Rhiannon Herbert
Rhiannon Herbert answered on Nov 16, 2021

Yes, there are no laws that prohibit your employer from changing your job duties at any time, either with or without notice. However, if driving in the winter makes you uncomfortable, it may be worth letting your employer know this and requesting to not drive on inclement weather days.

1 Answer | Asked in Employment Discrimination, Employment Law and Landlord - Tenant for Iowa on
Q: If you was fired from a job can your employer or x employer call your landlord just to tell them you was fired?

They called and told landlord they fired you right after you was fired ..and they did not have any arrangement with one another about letting one another know anything about employment or living arrangement..

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

This kind of problem is under laws that are specific to each state, and different. This could be an invasion of your privacy or public disclosure of confidential facts. You should consult with a local employment law attorney about this.

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Iowa on
Q: can someone get fired for an affair?

with a coworker both subjects are married union job that is salary

Carrie Dyer
Carrie Dyer answered on Jul 28, 2021

Generally, yes - there is nothing unlawful about firing an employee for having an affair with a coworker.

1 Answer | Asked in Employment Law for Iowa on
Q: What do I do if my previous employers hasn't paid the severance promised?

I took a voluntary separation package which I received confirmation that payment would be made within 20 days on Jan 12, 2021. If I'm counting right today is day 22 and I haven't received payment. What can I do? There is no phone number I can find for HR, I only have an email address and... Read more »

Kyle Anderson
Kyle Anderson answered on Feb 17, 2021

This may be a breach of contract issue, but more information is needed. I would recommend reaching out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Iowa on
Q: I live in Iowa my employer gives me a 15 and 20 minute paid break but takes a half hour out of my daily pay for a meal

break .IAM paid hourly .Is this leagal

Rhiannon Herbert
Rhiannon Herbert answered on Sep 23, 2020

The answer to this question depends on whether you are actually able to take the half-hour lunch break in addition to your 15 and 20-minute paid breaks. Breaks of 20 minutes or less must be paid, but breaks of half and hour or longer can be unpaid, as long as you are completely relieved of any work... Read more »

1 Answer | Asked in Employment Law for Iowa on
Q: Can my 12 year old work at a business sorting cans & bottles at a redemption center on weekends?
Rhiannon Herbert
Rhiannon Herbert answered on Feb 12, 2020

Under the Fair Labor Standards Act, the minimum age requirement for employment in any capacity is 14 years old. Thus, if your 12-year-old is looking to earn a wage performing these duties, he or she cannot do so yet.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Iowa on
Q: I dont want to say too much at unemployment fact finding interview and ruin the osha retaliation investigation. How do I
Erik Luthens
Erik Luthens answered on Dec 23, 2019

You should immediately consult with an Iowa attorney who specializes in employment law.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Iowa on
Q: I worked for a company 6 months ago. They still havent paid me and are now saying I was "self contracted".

I was hired not knowing I was self contracted. The owner kept saying she would pay me on different dates and when those dates came she made excuses and no payment was recieved. She still hasn't paid me what she owes. There is also another "employee" she has done this to, she owes the... Read more »

Erik Luthens
Erik Luthens answered on Nov 7, 2019

It appears that the owner of the company is asserting that you are an independent contractor rather than an employee; there are many factors which determine this. You should immediately contact an Iowa attorney who handles employment / workers’ compensation claims.

0 Answers | Asked in Employment Discrimination and Employment Law for Iowa on
Q: Would my employer be responsible for my termination if they failed to provide a reasonable accommodation and resolution?

Unresolved conflicts between two employees resulted in my termination as a matter of misconduct.

1 Answer | Asked in Employment Law for Iowa on
Q: I have appealed a denial of unemployment benefits, this goes to an ALJ.

Is the former employer required to send me a list of the charges they used in the initial hearing which resulted in the denial ? I was not aware of the information they used against me at this telephone hearing. I will be 65 in April. I showed up to work and was told I was terminated. Eventually... Read more »

Harley C. Erbe
Harley C. Erbe answered on Jan 24, 2018

You could consider submitting interrogatories and document requests to the employer seeking the information you desire. Those are allowed under the administrative rules that govern contested unemployment benefits appeals. You could also review the administrative rules to determine how you can... Read more »

0 Answers | Asked in Employment Law for Iowa on
Q: I worked for the state of Iowa and I'm a veteran I was terminated but I feel I was wrongly fired

Is there anything in the state of Iowa rules that they must take special steps when firing not just a veteran but a disabled veteran

1 Answer | Asked in Employment Law for Iowa on
Q: Was just fired from a job for a having back problems. Dr requested I be put on light duty for 2 weeks. Was then fired

Was told I am a liability, and was being fired. This issues has only been a problem for a few weeks. Back just started getting bad from working and needed to be light duty for 2 weeks while attending the pain clinic to find a solution. Was I rightfully fired?

Harley C. Erbe
Harley C. Erbe answered on Sep 15, 2017

The answer will depend upon the specific factual circumstances of your situation. You should schedule a meeting with an employment law attorney.

1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for Iowa on
Q: Minor injured at work

My brother, a minor, was injured at work and had to receive stitches. No problem there, but the employers didn't inform any of his family and released him into the care of another minor (unrelated) rather than attempting to call us or EMS. Were they allowed to release a minor into the care of... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Oct 4, 2017

Hmmmm.... Interesting question. I would love to know in which industry he was working. Probably a restaurant. No matter. The kid has a workers' compensation claim; I think you know this. But your question goes to notice to the family and if there is a duty to the family, which was breached,... Read more »

1 Answer | Asked in Employment Law for Iowa on
Q: Is a business in Iowa obligated to pay out accrued PTO if an employee leaves the company?

I have taken another job through a different employer. My current employer is refusing to pay out my accrued vacation time. Is this legal?

Harley C. Erbe
Harley C. Erbe answered on Jul 10, 2017

It depends on a few variables. My website includes several articles about PTO payouts upon termination. They might help you decide whether your employer's acting legally.

1 Answer | Asked in Workers' Compensation and Employment Law for Iowa on
Q: I've been terminated from the postal service on September 19th, 2016 because of my injury on the job.

I was injuried on July 11th, 2016 while delivering mail. I lost my footing & went to catch myself with my right hand and it slipped and my right arm/hand went above my head and I landed on my chest at the same time. I felt my right shoulder pop and I heard it pop when I landed on it. I'm... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Nov 21, 2017

I see no Iowa lawyer has answered your question. That's not surprising since federal law makes it very difficult for lawyers to get paid except on an hourly fee basis. Contingent fees are not allowed and all fees have to be approved, which from a time-management standpoint makes this... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Iowa on
Q: I am a truck driver for a small company. I am also 13 weeks pregnant.

My boss has recently pulled me from my normal route due to having to make restroom breaks, he had told me I would pull a different trailer but the past couple days has not "had" work for me to do. Is this considered pregnancy discrimination?

Harley C. Erbe
Harley C. Erbe answered on Jan 17, 2017

Possibly. More details regarding the employer's basis for both actions would be required to evaluate your situation. If the employer admits that those reasons had anything to do with your pregnancy, the next question is whether the employer was justified in taking the pregnancy-related... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination, Federal Crimes and Sexual Harassment for Iowa on
Q: I have been sexually harassed by my boss, I went above her head and told her boss about it and nothing was done.

Her boss wrote me a check and asked me if the issue would be dropped. Her boss also said they would have a meeting with her and get her to stop saying the nasty comments and touching me and she still does both. I feel unsafe and uncomfortable going to work. What else should I do? This is a seasonal... Read more »

Harley C. Erbe
Harley C. Erbe answered on Aug 8, 2016

Since you put the employer on notice of this conduct, yet the conduct's continued, you may have a claim for sexual harassment/hostile work environment against the employer for allowing the harassment to continue after you complained. That claim would be started through your local human rights... Read more »

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