Wood-Burning Fireplace Safety Tips

Fireplaces are common in residential homes and frequently used during cold weather months. That’s a bit of a paradox given that fireplaces invite into a home the very things that the occupants are most concerned about — fire and carbon monoxide. But fireplaces can be safe, aesthetically pleasing and enjoyable, and energy savers when properly installed and used. We discuss how to safely use and enjoy your fireplace.

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Harley Erbe
Fall Driving Safety Tips

You may not think about it, but fall driving presents more safe driving challenges than winter often does. With winter driving, you mainly have to worry about snow and ice on the roads. It’s static; nothing much changes about that. But during the fall, weather and road conditions are constantly changing, often rapidly from one day to the next. Let’s discuss some of the driving challenges, many unique, to driving during the fall.

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Harley Erbe
Brushing Up On Unemployment Benefits Pitfalls

We’ve received a lot of calls lately from folks having trouble with their unemployment benefits claims. The issue’s usually that Iowa Workforce Development has denied a claim. Lately, that denial’s frequently coupled with IWD’s demand that the person repay any benefits that have already been received. We’re seeing a few common problems and misunderstandings that are leading people to that point and wanted to clear them up.

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Harley Erbe
Does COVID-19 Affect Federal Overtime Law?

The COVID-19 pandemic has led to extraordinary changes in the American economy. Some of them are ongoing. Some may last for a while or be permanent. But the fact remains that American businesses have been interrupted in a way not seen since World War Two. Now that businesses are reopening, it’s time to survey the legal carnage left behind by this historic series of events.

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Harley Erbe
Avoiding Construction Zone Accidents

Warm weather also means the start of construction season. It’ll be common for motorists to encounter construction zones with temporary orange signage, orange barrels, flaggers, decreased lanes, altered traffic routes, and lower speeds. It’s important for the safety of you, your passengers, other drivers, and construction workers to be careful when navigating construction zones.

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Harley Erbe
Businesses Can Be Liable For COVID-19 Virus Transmission By Employees

There’s much discussion right now regarding whether businesses should remain open in the face of the COVID-19 virus. The debate concerns not only whether the state or federal government should order shutdowns, but whether businesses should voluntarily do so to protect employees, customers, visitors, and others. But there’s another question that few are asking – What liability exposure does a businesses face if the government allows it to remain open, the business chooses not to voluntarily close, and a COVID-19 infection can be traced back to the business?

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Harley Erbe
Avoiding A Motorcycle Rider's Worst Nightmare -- Head-On Collisions With Left-Turning Vehicles

We riders all know that feeling. Motoring along in a line of traffic with an intersection ahead, an opposite-facing vehicle with its left turn indicator on waiting for a break in the traffic to punch through its left turn. You ease off the throttle and get ready to brake, wondering if that oncoming driver will see you and not start the left turn ten feet before you reach the vehicle. We discuss how left-turn collisions happen and ways to try to avoid them.

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Harley Erbe
Analyzing Our Employee Drug Testing Case Win

The Iowa Court of Appeals issued two decisions last week, including a ruling in one of our cases, that concerned Iowa’s employee drug and alcohol testing statute, Iowa Code 730.5. Those decisions add to the ongoing clarification of several unclear aspects of the testing statute. We discuss the lessons from our case.

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Harley Erbe
Minnesota Federal Court Issues Warnings To Employees About Intermittent FMLA Leave And Absences For Non-FMLA Conditions

We’re monitoring a decision from a Minnesota federal court in a Family and Medical Leave Act (“FMLA”) case issued earlier this year, Evans v. Cooperative Response Center, Inc.. The case concerns the possibility that employees could be fired for overusing intermittent FMLA leave. The decision also reminds employees that they cannot miss work for every medical condition simply because they have FMLA protection for one of their medical conditions.

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Harley Erbe
When Bad Motorcycles Cause Motorcycle Wrecks

I’ve frequently written about motorcycle accidents. They can be caused by improper motorcycle use, the negligence of other drivers, and road or weather conditions. But there’s another possible, although much rarer, cause of motorcycle crashes — Defective motorcycles. Let’s discuss that.

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Harley Erbe
Iowa Court Of Appeals Reiterates That Expert Testimony Is Necessary To Prove Liability In Flooding Cases

I’ve previously written about the need for expert testimony to support a property owner’s claims that flooding is being caused by an adjacent property owner’s land use. These types of claims seem to be increasingly common in Iowa. A recent Iowa Court of Appeals decision is a reminder that cases involving water runoff or flooding are often complicated and will usually fail without expert testimony to support the argument that the neighboring landowner is causing the water issues.

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Harley Erbe
Your Social Media Posts Can Ruin Your Lawsuit

Your social media posts are not necessarily private once you’ve filed a lawsuit. Lawsuit opponents are allowed to use things you post on Facebook, Twitter, Instagram, or any of countless internet websites and blogs against you. If you’re involved in any type of claim, that information could compromise your case. Quite honestly, once you’re considering a legal claim, and certainly once you’ve filed one, it’s to not post anything even remotely related to that claim anywhere on the internet.

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Harley Erbe
The Importance Of Priority Of Location In Private Nuisance Cases

One type of real estate litigation claim is an action for “private nuisance.” A private nuisance is an actionable interference with a person’s interest in the private use and enjoyment of the person’s land. Parties must use their own property in such a manner that they will not unreasonably interfere with or disturb their neighbor’s reasonable use and enjoyment of the neighbor’s property.

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Harley Erbe
Motorcycle Accidents Can Cause Severe Injuries

It’s almost impossible to walk away from a motorcycle accident without an injury of some kind. There’s simply no protection for the motorcycle rider. No seatbelt, no airbags, no glass, no support structure. Two wheels, not four, which virtually guarantees that the bike and its rider will end up lying on the ground, possibly after hitting something.

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Harley Erbe