Iowa Admin. Code r. 875-35.3

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 875-35.3 - Filing a claim

(1)Wage claim form. A wage claim form is available atwww.iowawage.gov . An aggrieved employee shall supply such information as required by the commissioner to commence the investigation of a claim. The claimant shall certify by signature that such information is true to the best of the claimant's knowledge and belief. A claim for wages may be sent to the division office by mail, facsimile, or email.

(2)Assignment of claim. By submitting a wage claim form to the division, a claimant assigns the claim to the commissioner contingent on the commissioner's determination that the claim is enforceable. A claimant may terminate the assignment by so notifying the division in writing. The commissioner may terminate the assignment upon a determination that the claim is not enforceable.

(3)Denial of claim. The commissioner may deny claims within 14 days of receipt. Reasons for denying a claim without further investigation include, but are not limited to, the following:

a. The claim is received by the division more than one year after the date the wages became due and payable.

b. The claim must be heard in another forum or jurisdiction.

c. The claimant has begun a legal proceeding on the claim or has legal representation to pursue the claim.

d. The claim has been discharged in bankruptcy.

e. The claimant is not a resident of Iowa when submitting the claim to the division.

Iowa Admin. Code r. 875-35.3

Amended by IAB August 28, 2019/Volume XLII, Number 5, effective 10/2/2019