Maintenance & Construction Services of Iowa v. Iowa Workforce Development

Appeal Number: 
Decision Date: 
Thursday, September 23, 2010

The misclassification unit for Iowa Workforce Development (“IWD”) initiated an investigation of the relationship between Appellant Maintenance & Construction Services of Iowa (“Maintenance & Construction”) and its workers. IWD determined an employee-employer relationship existed between Maintenance & Construction and Tom Heger, Luke Bain, Will Henry, Rusty Gilmore, and Kelly Von Schlotterback. IWD issued a decision on March 4, 2010 finding Maintenance & Construction was liable for unemployment insurance contributions effective January 1, 2009. Because Maintenance & Construction had not previously paid unemployment insurance contributions, IWD assigned the rate for newly covered construction employers. Maintenance & Construction timely appealed.