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SMALL BUSINESS ISSUES. Beth Coonan, Ann Kendell, Megan Moritz BrownWinick E-mail: coonan@brownwinick.com kendell@brownwinick.com moritz@brownwinick.com. Fair Labor Standards Act . Coverage 1) FLSA 2) Iowa Code Chapter 91A Misclassification 1) Exempt/Non-Exempt
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SMALL BUSINESS ISSUES Beth Coonan, Ann Kendell, Megan Moritz BrownWinick E-mail: coonan@brownwinick.com kendell@brownwinick.com moritz@brownwinick.com
Fair Labor Standards Act Coverage 1) FLSA 2) Iowa Code Chapter 91A Misclassification 1) Exempt/Non-Exempt 2) Independent Contractor/Employee
Fair Labor Standards Act Withholdings • FLSA • Iowa Code Chapter 91A
Investigations Best Practices • Thorough • Independent/Neutral • Organized • Defined Scope • Documentation
Investigations When do we hire an outside investigator? -History between party and HR Manager that impairs neutrality -Complaint involves HR Manager -Complaint involves C-Suite Executive -Timing/Size of Investigation
Unemployment Effective July 1, 2013, amendment to Iowa Code Section 96.3(7), "Recovery of overpayment of benefits" If the employer does not participate in the fact-finding interview and later challenges an award of benefits and wins, the business is still responsible for the overpayment to the former employee – the employer's account is no longer credited.
Unemployment The amendment also indicates that if the employer fails to “adequately” respond to the department’s request for information, this can also result in the employer’s responsibility for an overpayment.
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