Idaho Law Blog

Records To Be Kept By Employers

Published on: November 11, 2016 | by Racine Olson

The federal Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, recordkeeping, and youth employment standards for employment subject to its provisions. Unless exempt, covered employees must be paid at least the minimum wage and not less than one and one-half times their regular rates of pay for overtime hours worked. To compute which employees are entitled to receive these benefits, every covered employer must keep certain records for each non-exempt worker.

THE SPECIFIC RECORDS TO BE KEPT

Fatality on Westbound I-84 Near Broadway in Ada County

Published on: November 10, 2016 | by Racine Olson

The Idaho State Police (ISP) reports that a two-vehicle crash occurred Thursday, November 10, 2016 on westbound I-84 at milepost 56 near Broadway Avenue. A 24 year-old man, Matthew Martin from Ontario, Oregon was traveling in the westbound lane in a 2016 Toyota Corolla when he lost control of his vehicle and struck the guard rail. Martin’s vehicle came to rest in the center lane of travel. Martin was struck by a 2012 Freightliner commercial vehicle driven by Justin Dennis of Caldwell while he was standing next to his vehicle in the traffic lane.

Martin was transported by ambulance to St. Alphonsus Medical Center in Boise where he later died of his injuries. The lanes of travel on I-84 were blocked for approximately 5 ½ hours while law enforcement and emergency personnel investigated the accident scene.

An accident can become worse by actions taken immediately following a crash. Always keep safety in mind to prevent additional accidents or injuries. If possible, after a crash, pull over to a safe spot out of the lanes of traffic. If you are not able to do so, alert other drivers of the accident using your hazard lights or use cones or flares to direct traffic away from your disabled vehicle. It is advisable to have an emergency kit in your vehicle at all times with items such as flares, cones, warning triangles, flashlight or other types of useful equipment.

When is the Right Time in Life to Update My Estate Planning?

Published on: November 10, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

The estate planning blogs that we have posted on our website mainly talk about the importance and reasons why you should complete your own personal estate planning. I do have a number of clients who have their estate planning done. When this occurs, many of them come to me and ask me about when it would be important for them to update their estate planning. I explain to my clients that there are several major life changes that could occur that are a good reason to pull out their estate planning documents and decide if changes need to be made. Here is a list of these major life changes:

1. DEATH OF A PERSON

What Can a Last Will and Testament Do?

Published on: November 10, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

For nearly two decades I have been practicing estate planning law by providing estate planning advice and creating estate planning documents for my clients. These documents often and usually include a Last Will and Testament. The purpose of this post is to describe several of the important functions that can be accomplished through a Last Will and Testament. Here is a list of some of the basic things that a Last Will and Testament can accomplish:

1. SPECIFIC GIFTS

Comparing the FLSA and State Wage and Hour Laws

Published on: November 9, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

While the Fair Labor Standards Act (FLSA) specifies minimum wage, overtime hours and child labor laws, it leaves to each of the individual states the responsibility of creating and enforcing the laws associated with basic wage and hour compliance. In other words, states are left with the responsibility of legislating and creating laws dealing with how and when an employee is paid and the procedures and processes of what an employee can do when they are not properly paid. Idaho has done this by enacting Title 44 of the Idaho Code which contains statutes dealing with various ware and hour issues such as: minimum wage, hours worked and child labor laws.

Idaho has also enacted Idaho Code §§ 45-601 et seq., concerning an employee’s claim for wages and the processes and procedures an employee can use to seek to obtain their wages from the employer.

Estate Planning Is Not Just About Death But is Also About Life

Published on: November 9, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Whenever I am working with my estate planning clients I have the opportunity to help them appreciate and understand everything that getting their estate planning done can accomplish. In particular, I am able to point out to them that getting their estate planning done is not just about their death but is also about their life. What I mean by this is that estate planning for an individual can help them plan for their own future and life. here is a list of documents that are used in estate planning to care for a person while they are alive.

DURABLE POWERS OF ATTORNEY

Prohibitions Against Familial Discrimination Under the Fair Housing Act

Published on: November 9, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

It is unfortunate but true that landlords often aren’t familiar with their responsibilities when it comes to renting to families with children. Many times, landlords don’t even know that families with children enjoy a protected status under federal housing discrimination laws. In addition to the protections against standard discrimination the federal Fair Housing Act (FHA) also protects the familial relationship. In other words, the FHA protects persons from being discriminated against because they are members in a family.

Unless a building or community qualifies as housing for older persons (is occupied by persons aged 62 or older or has received such designation from the HUD Secretary) a landlord may not discriminate against a potential tenant based on familial status. Essentially, a landlord may not deny housing to a family in which is comprised in part of one or more children who are under 18 and who live with:

Daylight Savings Time Ends This Weekend

Published on: November 8, 2016 | by Racine Olson

Studies conducted by the National Health Institute and other agencies show that accidents, particularly fatal accidents, increase during the time shifts for Daylight Savings Time (DST). On Sunday, November 6^th, Idahoans will turn their clocks back one hour giving us all an extra hour of sleep. That is a good thing right? However, data from decades of automobile crashes show that the number of accidents increase on the Sunday of the fall shift from DST. Researchers believe the anticipation of the extra daylight hour on this autumn Sunday leads to increased accidents since drivers become drowsy while staying out later than usual in the evening.

Drowsy Driving Prevention Week is November 6 – 13, 2016 which is an annual campaign sponsored by the National Sleep Foundation. Its goal is to educate the public regarding the risks of driving while sleep deprived. Surveys reveal that half of American adult drivers admit to driving while drowsy and 1 in 5 admit to falling asleep behind the wheel. Drowsiness and driving is a dangerous combination. Drowsiness doubles a motorist’s crash risk. Get a good night’s sleep, schedule regular stops, and pull over to take a short nap if you feel fatigued, not only for long trips, but also for shorter trips of an hour.

The end of DST also creates a more dangerous evening commute during the work week with darkness arriving sooner since the early dusk hours make it more difficult for motorists to see other vehicles and pedestrians and bicyclists in the roadway. Give yourself extra time to commute in the evening and slow down as dusk occurs to allow your eyesight to adjust to the changes.

A Family Fight Over an Estate: Princes’ Family as a Case Study

Published on: November 8, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Unless you have been living under a rock, it is common knowledge that the famed singer and songwriter who called himself Prince, died in April of 2016, at the age of 57. 　It is also well known that he died without a written Last Will and Testament. What you may not know but could probably guess is that his family, which mainly includes his siblings and half siblings, are now fighting over who will get his $300 million estate. He had two ex-wives, no (known) surviving children, and his parents had died years before. He does have one full sister, and he has five half-siblings through each of his parents.

Under Minnesota law, which is where Prince resided when he died, his estate would be divided between his full sister, and his five surviving half-siblings. This is because of the applicable intestate laws and the fact that Prince’s parents are deceased, he wasn’t married, and he has no known children.

Vehicle Crash Causes Fatality and Fuel Spill on Highway 75 Near Challis

Published on: November 7, 2016 | by Racine Olson

A 63 year-old woman from Clayton, Idaho was killed on November 1, 2016 when her 1999 Subaru crossed the centerline of Highway 75 and struck a 2010 Kenworth pulling trailers hauling 10,000 gallons of diesel fuel. The Kenworth rolled, rupturing the fuel tanks. The trailers were fully engulfed. The North Custer Fire Department was able to contain the diesel spill; however, the fire burned for nearly five hours and the highway was closed until it was safe for travel.

The woman was not wearing a seat belt and died at the crash scene. The truck driver who was wearing a seat belt was able to exit the Kenworth without any injuries. The crash is still under investigation by the Idaho State Police. It is yet to be determined what caused the female driver to cross the centerline.

Studies conducted by traffic officials and behavioral experts indicate that performing a secondary task while driving is one of the riskiest actions. Diverting one’s attention away from safe driving to engage in competing tasks greatly increases the likelihood of a crash. Drivers report that they frequently use an electronic device, adjust the radio, talk to passengers, or eat while driving; cell phone use even among experienced drivers delays reaction time to potential hazards on the road.