Iowa Admin. Code r. 875-3.11
Current through Register Vol. 47, No. 11, December 11, 2024
Rule 875-3.11 - Citations(1) The civil penalties proposed by the labor commissioner on or after June 1, 2024, are as follows: a. Willful violation. The penalty for each willful violation under Iowa Code section 88.14(1) shall not be less than $11,190 and shall not exceed $161,323.b. Repeated violation. The penalty for each repeated violation under Iowa Code section 88.14(1) shall not exceed $161,323.c. Serious violation. The penalty for each serious violation under Iowa Code section 88.14(2) shall not exceed $16,131.d. Other-than-serious violation. The penalty for each other-than-serious violation under Iowa Code section 88.14(3) shall not exceed $16,131.e. Failure to correct violation. The penalty for failure to correct a violation under Iowa Code section 88.14(4) shall not exceed $16,131 per day.f. Posting, reporting, or recordkeeping violation. The penalty for each posting, reporting, or recordkeeping violation under Iowa Code section 88.14(9) shall not exceed $16,131.(2) Upon receipt of any citation under the Act, the employer shall immediately post the citation or a copy thereof, unedited, at or near each place an alleged violation referred to in the citation occurred, except as provided in this rule. Where, because of the nature of the employer's operations, it is not practicable to post the citation at or near each place of alleged violation, the citation shall be posted, unedited, in a prominent place where it will be readily observable by all affected employees. For example, where employers are engaged in activities that are physically dispersed, the citation may be posted at the location to which employees report each day. Where employees do not primarily work at or report to a single location, the citation may be posted at the location from which the employees operate to carry out their activities. The employer shall take steps to ensure that the citation is not altered, defaced or covered by other material. Notices of de minimis violations need not be posted.(3) Each citation or a copy thereof shall remain posted until the violation has been abated, or for three working days, whichever is later. The filing by the employer of a notice of intention to contest shall not affect the posting responsibility under this rule unless and until the employment appeal board issues a final order vacating the citation.(4) An employer to whom a citation has been issued may post a notice in the same location where such citation is posted indicating that the citation is being contested before the employment appeal board and the notice may explain the reasons for the contest. The employer may also indicate that specified steps have been taken to abate the violation.(5) Any employer failing to comply with the provisions of subrules 3.11(2) and 3.11(3) shall be subject to citation and penalty in accordance with the provisions of Iowa Code section 88.14.(6) Any employer to whom a citation and notification of penalty have been issued may, under Iowa Code section 88.8, notify the commissioner of the employer's intention to contest the citation or notification of penalty. The notice of contest shall be in writing. The notice of contest shall be received by the division of labor services or postmarked no later than 15 working days after the receipt by the employer of the citation and notification of penalty. The notice of contest may be provided to the division of labor services by mail, personal delivery or facsimile transmission. This rule is intended to implement Iowa Code chapter 88.
Iowa Admin. Code r. 875-3.11
Amended by IAB January 3, 2018/Volume XL, Number 14, effective 2/11/2018Amended by IAB May 23, 2018/Volume XL, Number 24, effective 6/30/2018Amended by IAB April 24, 2019/Volume XLI, Number 22, effective 5/29/2019Amended by IAB August 28, 2019/Volume XLII, Number 5, effective 10/2/2019Amended by IAB August 26, 2020/Volume XLIII, Number 5, effective 10/3/2020Amended by IAB May 19, 2021/Volume XLIII, Number 24, effective 6/26/2021Amended by IAB April 20, 2022/Volume XLIV, Number 21, effective 5/25/2022Amended by IAB April 19, 2023/Volume XLV, Number 21, effective 5/24/2023Amended by IAB July 10, 2024/Volume XLVII, Number 1, effective 6/19/2024