Determining Federal Minimum Wage Compliance -- Do You Consider Every Hour Worked Separately Or The Workweek As A Whole?
How should a court calculate your overtime? We’ll investigate the situation.
The "Home Worker" Rule In Federal Overtime Cases
An issue that occasionally comes up in federal overtime cases concerns employees who either work from their home or actually live on their employer's premises. Examples of such employees are emergency workers, dispatchers, canine officers, and workers at group homes and the like.
Controlled Substance Exclusions In Accidental Death Policies
Certain types of insurance policies, normally called "accidental death" policies or something similar, provide benefits if the person insured under the policy dies in an accident. Those policies often include exclusions or limitations on coverage that apply under certain circumstances. One common exclusion or limitation eliminates coverage if the deceased insured had drugs or alcohol in their system at the time of death.
Challenging Your Residential Real Estate Tax Assessment
Your real estate’s valuation on the amount of your property taxes may be very significant. In case you’re wanting to challenge your property’s valuation, here are our top tips.
It's Time To Stand Up To Mechanic's Lien Abuse In Residential Construction
Several changes were made to Iowa's mechanic's lien law beginning January 1, 2013 in an effort to protect residential owners from encountering such situations. The changes included new notification requirements imposed on builders and general contractors working with residential owners. The failure to comply with either notice requirement is a forfeiture of the right to assert a mechanic's lien against residential property.
Guilt By Association (Or Contract) Under The Americans With Disabilities Act
The Americans With Disabilities Act has a little known, and seldom used, section that prohibits employers from participating in contracts or any type of relationship that results in disability discrimination against an employee.
Shooting Down Some Common Employer Overtime Arguments
Employers seem to have a never-ending stream of excuses when they're caught failing to pay overtime. They continue to trot out these excuses even though courts more often than not reject them.
Driver Liability For Merging Accidents
One of the trickier types of personal injury and car accident cases we encounter involve lane merges where a traffic lane slowly disappears and joins with a parallel lane.
The Illegality Of "Blanket Exclusions" Under Iowa And Federal Disability Discrimination Law
Employers cannot make assumptions about disabled employees, regardless of whether such employees come under the "actually disabled" category or are instead "perceived" or "regarded as" disabled. Any employment decisions made because of an employee's disability can only occur after a full review of the employee's individual circumstances, which often includes a medical analysis.
Be Careful When Passing Vehicles On Your Motorcycle
Riding a motorcycle requires constant vigilance of your surroundings, especially other vehicles.
Independent Contractors Aren't Covered Under Federal Overtime Law
Independent contractors, as opposed to employees, lack the requisite employment relationship with the potential employer. They're ineligible for overtime regardless of what they do or how much they work in a given week.
Surprise! You May Not Be A Covered Employee Under Federal Overtime Law
Not all businesses are covered by federal overtime law and not all workers are protected under that law.
What To Do If You Have To Make A Fire Claim Under Your Property Insurance Policy
Your property insurance on your home covers many types of losses. One such loss is fire damage or destruction.
Railroad Liability For Train/Motor Vehicle Collisions At Railroad Crossings
Railroad crossings are inherently dangerous places. Severe injuries, even death, can result when a train hits a motor vehicle at a railroad crossing. Railroads are often sued for such train crossing accidents.
Removal Of An Executor Or Administrator Of An Estate
Iowa Code 633.65 provides that a court may remove executors or administrators of an estate if they cease meeting the statutory qualifications for serving as an executor or administrator, have mismanaged the estate, have failed to perform any duty imposed by law or by any lawful order of court, or cease to be an Iowa resident
A Further Discussion Of The Potential Consequences Involved In Violating A Noncompete Agreement
I haven't spent much time summarizing the potential consequences of violating a noncompete agreement. The consequences can be greater than people realize.
Iowa Supreme Court Issues Decision Regarding Effect Of Local Ordinances In Premises Liability Cases
Local safety ordinances can create standards that property owners must adhere to if they wish to avoid a negligence claim. We discuss how.
Claims For Tortious Interference With Inheritance
Since 1978 Iowa's recognized a claim known as "tortious interference with inheritance." This claim arises in situations when someone believes that he or she was unlawfully cut out of an inheritance that he or she had expected.
The Requirement Of An "Acceptance" To Create A Binding Contract
There are several requirements that must be met for there to be a binding contractual agreement between two parties. One of the requirements is that one party must offer to do something in exchange for something that the other party agrees to do (the "consideration"). That other party must then accept that offer to create a binding contract.
Recovering Damages In Iowa Trade Secret Act Cases
I've previously written about claims under Iowa's Uniform Trade Secrets Act. Now I want to talk about the potential damages that can be recovered in a trade secret case. They include damages that aren't available in many other types of cases.