Iowa Code

Iowa Code § 91A.8 (2026)

Damages recoverable by an employee

✓ current as of July 2026
Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

When it has been shown that an employer has intentionally failed to pay an employee wages or reimburse expenses pursuant to section 91A.3, whether as the result of a wage dispute or otherwise, the employer shall be liable to the employee for any wages or expenses that are so intentionally failed to be paid or reimbursed, plus liquidated damages, court costs and any attorney’s fees incurred in recovering the unpaid wages and determined to have been usual and necessary. In other instances the employer shall be liable only for unpaid wages or expenses, court costs and usual and necessary attorney’s fees incurred in recovering the unpaid wages or expenses. [C77, 79, 81, §91A.8] Referred to in §91A.3, 91A.10

\n
Notes of Decisions
Cited in 68 cases (9 in the last 5 years), 1980–2026 · leading case: Runyon v. Kubota Tractor Corp., 653 N.W.2d 582 (Iowa 2002).
Runyon v. Kubota Tractor Corp., 653 N.W.2d 582 (Iowa 2002). · cites it 32× “In other instances the employer shall be liable only for unpaid wages or expenses, court costs and usual and necessary attorney's fees incurred in recovering the unpaid wages or expenses.”
Maday v. Elview-Stewart Sys. Co., 324 N.W.2d 467 (Iowa 1982). · cites it 26× “The trial court refused his request; we hold, however, that plaintiff was entitled to reasonable attorney fees pursuant to Iowa Code § 91A.8 (1981). We reverse and remand for a determination of such fees.”
Dallenbach v. MAPCO Gas Prods., Inc., 459 N.W.2d 483 (Iowa 1990). · cites it 12× “See Iowa Code § 91A.8. MAPCO Gas appealed. We transferred the case to the court of appeals.”
Hinshaw v. Ligon Indus., L.L.C., 551 F. Supp. 2d 798 (N.D. Iowa 2008). · cites it 27× “Second, Iowa Code § 91A.8 states: When it has been shown that an employer has intentionally failed to pay an em *817 ployee wages or reimburse expenses pursuant to section 91A.”
Miller v. Component Homes, Inc., 356 N.W.2d 213 (Iowa 1984). · cites it 16× “See Iowa Code § 91A.8. The letters demanding the $13,-000 in commissions tended to show that Component Homes had not inadvertently failed to pay him.”
Gabelmann v. NFO, INC., 606 N.W.2d 339 (Iowa 2000). · cites it 12× “The court also pared Gabelmann’s attorney fees from $29,195.”
Audus v. Sabre Commc'ns Corp., 554 N.W.2d 868 (Iowa 1996). · cites it 12× “See Iowa Code § 91A.8 (1993). Sabre’s answer denied any liability and affirmatively alleged that Audus’ claims were partially barred by the statute of limitations.”
Am. Fam. Mut. Ins. Co v. Richard Hollander, 705 F.3d 339 (8th Cir. 2013). · cites it 6× “To prove his IWPCL claim, for example, Hollander had to show he was an "employee" within the meaning of the statute, the extended earnings qualified as "wages," and American Family intentionally failed to pay him extended earnings.”
Condon Auto Sales & Serv., Inc. v. Crick, 604 N.W.2d 587 (Iowa 2000). · cites it 5× “Iowa Code § 91A.8. Notwithstanding, an employer incurs no liability for withholding wages if the employer withholds the correct amount of wages.”
Anthony v. State, 632 N.W.2d 897 (Iowa 2001). · cites it 7× “Iowa Code § 91A.8. The provisions of subsections 1 and 2 [providing for suit by the commissioner of labor as the employee's assignee] shall not be construed to prevent an employee from settling or bringing an action for damages under section 91A.”
Bouaphakeo v. Tyson Foods, Inc., 564 F. Supp. 2d 870 (N.D. Iowa 2008). · cites it 3× “” Iowa Code § 91A.8. In addition, the successful plaintiff under the IWPCL may recover liquidated damages, generally limited to "the amount of unpaid wages,” id.”
Gabelmann v. NFO, INC., 571 N.W.2d 476 (Iowa 1997). · cites it 8× “See Iowa Code § 91A.8 (imposing liability on employer who intentionally fails to pay employee wages for the wages not paid, liquidated damages, court costs and any attorney’s fees incurred in recovering the unpaid wages; “[i]n other instances”, employer’s liability is limited to…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.