Glossary Check: Iowa 'Worker' or 'Employee'

An executive officer elected or appointed and empowered under and in accordance with the charter and bylaws of a corporation, including a person holding an official position, or standing in a representative capacity of the employer 

An official elected or appointed by the state, or a county, school district, area education agency, municipal corporation, or city under any form of government 

A member of the state patrol 

A conservation officer 

A proprietor, limited liability company member, limited liability partner, or partner who elects to be covered 

“Worker” or “employee,” special cases 

People in work-based learning programs 

An emergency medical care provider or a volunteer ambulance driver, but only if any agreement between the worker or employee and the employer for whom the volunteer services are provided that workers’ compensation coverage is to be provided by the employer 

A real estate agent who does not provide the services of an independent contract 

A student enrolled in a school district or accredited nonpublic school who is participating in a work-based learning opportunity 

A student enrolled in a community college who is participating in a work-based learning opportunity 

Where the worker or employee is a minor or incompetent, it shall include the minor’s or incompetent person’s guardian, next friend, or trustee. 

Who are not “workers” or “employees” 

An independent contractor 

An owner-operator who, as an individual or partner, or shareholder of a corporate owner-operator, owns a vehicle licensed and registered as a truck, road tractor, or truck tractor by a governmental agency, is an independent contractor while performing services in the operation of the owner-operator’s vehicle if all of the following conditions are substantially present: 

• The owner-operator is responsible for the maintenance of the vehicle 
• The owner-operator bears the principal burden of the vehicle’s operating costs, including fuel, repairs, supplies, collision insurance, and personal expenses for the operator while on the road 
• The owner-operator is responsible for supplying the necessary personnel to operate the vehicle, and the personnel are considered the owner-operator’s employees 
• The owner-operator’s compensation is based on factors related to the work performed, including a percentage of any schedule of rates or lawfully published tariff, and not on the basis of the hours or time expended 
• The owner-operator determines the details and means of performing the services, in conformance with regulatory requirements, operating procedures of the carrier, and specifications of the shipper 
• The owner-operator enters into a contract which specifies the relationship to be that of an independent contractor and not that of an employee 

Directors of a corporation who are not at the same time employees of the corporation; or directors, trustees, officers, or other managing officials of a nonprofit corporation or association who are not at the same time full-time employees of the nonprofit corporation or association. 

Proprietors, limited liability company members, limited liability partners, and partners who have not elected to be covered by the workers’ compensation law