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Case No. 23-0494

For summaries from opinions prior to August, 2018, view PDF versions here

South Construction and Insulation, LLC
v.
Iowa Workforce Development

Appellant

South Construction and Insulation, LLC

Appellee

Iowa Workforce Development

Attorney for the Appellant

Luke C. Jenson

Attorney for the Appellee

John R. Lundquist, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0494
Date Published:
May 22, 2024
Summary

            Appeal from the Iowa District Court for Bremer County, Rustin Davenport, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (14 pages)

            A limited liability company (LLC) challenges the dismissal of its petition for judicial review.  OPINION HOLDS: Because the statute at issue here—Iowa Code section 96.1A (2022)—defines wages, we are bound by its definition.  Its definition includes all remuneration received by a member of the LLC unless proportional to membership interest.  Thus, Iowa Workforce Development’s (IWD)’s determination that only the amount of remuneration one member received beyond that of the other member was wages is a correct interpretation of a provision of law, with justification, and required by law.  The calculation that IWD used to determine the amount of that remuneration that is wages was reasonable and correct.  We affirm the court’s dismissal of the LLC’s petition for judicial review.

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