Iowa Admin. Code r. 875-35.5

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

Rule 875-35.5 - Legal action on wage claims

(1)Settlement opportunity. The commissioner shall, in writing, afford the employer an opportunity to tender settlement 14 days prior to commencing a legal action.

(2)Standard of conduct. Upon commencing a legal action, the commissioner shall be bound by the standard of conduct required by the code of professional responsibility for lawyers.

(3)Counterclaims. The commissioner shall not represent claimants on counterclaims or other legal actions brought by employers against claimants.

(4)Relief requested. The commissioner may request liquidated damages, interest, attorneys' fees, and court costs in addition to wages due.

(5)Claimant participation. The commissioner may require the claimant to attend hearings and otherwise assist in the legal action as a condition of the commissioner's enforcing the claim.

Iowa Admin. Code r. 875-35.5