1. a. For purposes of this section, unless the context otherwise requires:
(1) “Consumer price index” means the consumer price index for urban wage earners and clerical workers, United States city average, all items, not seasonally adjusted, as published by the bureau of labor statistics of the United States department of labor, or its successor index.
(2) “Director” means the director of the department of inspections, appeals, and licensing.
(3) “Iowa median hourly wage” means the median hourly wage for all occupations in this state, all industries, as published by the bureau of labor statistics of the United States department of labor in its occupational employment and wage statistics estimates for a May reference period, or in any successor estimates, using the most recent such estimates published before September 1 of the year in which the director makes a computation under paragraph “e”.
(4) “Small employer” means an employer that employed fewer than twenty employees, on average, during the preceding calendar year. For purposes of this subparagraph:
(a) The average is the sum of the number of individuals employed by the employer on the twelfth day of each month of the calendar year, divided by twelve. Each individual counts as one employee, whether employed full-time, part-time, or seasonally, and whether employed in this state or elsewhere.
(b) The employees of every person that controls, is controlled by, or is under common control with the employer are counted as employees of the employer. “Control” means ownership, directly or indirectly, of more than fifty percent of the voting or ownership interests of a person, or the power to direct the management and policies of a person.
(c) For an employer that was in operation during only part of the preceding calendar year, the average is computed over the months in which it was in operation. An employer that was not in operation at any time during the preceding calendar year is a small employer for a workweek during its first calendar year of operation if it employed fewer than twenty employees, on average, on the twelfth day of each month of that year that occurred after it began operation and before the workweek began or, if no such day has occurred, if it employs fewer than twenty employees on the first day of the workweek.
(d) An employer that claims to be a small employer has the burden of proving it.
b. Every employer, as defined in the federal Fair Labor Standards Act of 1938, as amended to January 1, 2007, shall pay to each of the employer’s employees, as defined in the federal Fair Labor Standards Act of 1938, as amended to January 1, 2007, the applicable state hourly wage stated in paragraph “c” or “d”, or the current federal minimum wage, pursuant to 29 U.S.C. §206, as amended, whichever is greater.
c. Except as provided in paragraph “d”, the state hourly wage shall be at least $7.25 through December 31, 2027, $10.00 as of January 1, 2028, and $11.50 as of January 1, 2029. As of January 1, 2030, and as of January 1 of each year thereafter, the state hourly wage shall be the rate computed by the director under paragraph “e”.
d. For an employee of a small employer, the state hourly wage shall be at least $7.25 through December 31, 2028, $10.00 as of January 1, 2029, and $11.50 as of January 1, 2030. As of January 1, 2031, and as of January 1 of each year thereafter, the state hourly wage for an employee of a small employer shall be the lesser of the following amounts:
(1) The state hourly wage under paragraph “c” that takes effect on the same January 1.
(2) The greater of the following amounts, each computed from the state hourly wage for an employee of a small employer in effect on the preceding December 31:
(a) That wage increased by the same percentage, if any, used under paragraph “e”, subparagraph (1), subparagraph division (a), for the rate that takes effect under paragraph “c” on the same January 1, rounded up to the nearest multiple of five cents.
(b) One hundred eight percent of that wage, rounded down to the nearest multiple of five cents.
Whether an employer is a small employer is determined separately for each calendar year, except as provided in paragraph “a”, subparagraph (4), subparagraph division (c). The state hourly wage that applies to an employer under paragraph “c” or “d” shall not be less than the state hourly wage that applied to the employer on the preceding December 31.
e. (1) On or before September 1, 2029, and on or before September 1 of each year thereafter, the director shall compute the state hourly wage that takes effect under paragraph “c” on the following January 1. The rate shall be the greater of the following amounts:
(a) The state hourly wage in effect under paragraph “c” on the date of the computation, increased by the percentage, if any, by which the consumer price index for July of the year in which the computation is made exceeds the consumer price index for July of the preceding year, rounded up to the nearest multiple of five cents.
(b) Fifty-five percent of the Iowa median hourly wage, but not more than one hundred eight percent of the state hourly wage in effect under paragraph “c” on the date of the computation, rounded up to the nearest multiple of five cents. However, if the amount so rounded up would be more than one hundred eight percent of the state hourly wage in effect under paragraph “c” on the date of the computation, the amount shall instead be rounded down to the nearest multiple of five cents.
(2) The rate computed under this paragraph shall not be less than the state hourly wage in effect under paragraph “c” on the date of the computation.
(3) If the consumer price index for July of either year has not been published on the date of the computation, the director shall use the consumer price index for the most recent month for which the index has been published for both that month and the same month of the preceding year.
f. For purposes of determining whether an employee of a restaurant, hotel, motel, inn, or cabin, who customarily and regularly receives more than thirty dollars a month in tips is receiving the minimum hourly wage rate prescribed by this section, the amount paid the employee by the employer shall be deemed to be increased on account of the tips by an amount determined by the employer, not to exceed forty percent of the applicable minimum wage. If the tips an employee actually receives in a workweek are less than the amount by which the employer increased the employee’s wage on account of tips for that workweek, the employer shall pay the employee the difference. An employee may file a written appeal with the director if the amount of tips received by the employee is less than the amount determined by the employer under this paragraph.
g. An employer is not required to pay an employee the applicable state hourly wage provided in paragraph “c” or “d” until the employee has completed ninety calendar days of employment with the employer. An employer shall pay an employee who has not completed ninety calendar days of employment with the employer an hourly wage of at least eighty-five percent of the applicable state hourly wage, rounded up to the nearest multiple of five cents, but not less than $6.35. This paragraph does not apply to an employee who was employed by the employer, or by a person whose employees are counted as employees of the employer under paragraph “a”, subparagraph (4), subparagraph division (b), at any time during the twelve months before the employee’s most recent date of hire.
h. On or before September 1, 2027, and on or before September 1 of each year thereafter, the director shall publish on the internet site of the department of inspections, appeals, and licensing the following rates for the next calendar year: the state hourly wage under paragraph “c”; the state hourly wage for an employee of a small employer under paragraph “d”; the hourly wage for an employee who has not completed ninety calendar days of employment under paragraph “g”, for employees of small employers and of other employers; and the least hourly wage an employer may pay an employee under paragraph “f”, before tips are counted. For a rate computed under paragraph “e”, the director shall publish with it the index values and the Iowa median hourly wage used, and the amount under each subparagraph division of paragraph “e”, subparagraph (1). For a rate for an employee of a small employer under paragraph “d”, subparagraph (2), the director shall publish with it the amount under each of that subparagraph’s divisions. The director shall make available a notice of the rates in effect, and every employer subject to this section shall post the notice in a conspicuous place at each worksite where employees can readily see it.