Idaho Law Blog

A Basic Estate Planning Checklist

Published on: November 7, 2016 | by Racine Olson

As an estate planning attorney I find that people most often fail to get their estate planning done because they don’t know where to begin. I feel that my job as an estate planning attorney is to help people get on the right path to completing their estate planning. Often all it takes is providing a basic estate planning checklist to my clients to help them get started. Here are some of the basic things that I discuss with my estate planning clients:

1. BANK ACCOUNTS, LIFE INSURANCE AND RETIREMENT ACCOUNTS

Landlord Risk Management Issues

Published on: November 7, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Generally, owners and occupiers of land or residential premises in Idaho will be under a duty of ordinary care under the circumstances towards invitees who come upon their leased premises. 　Essentially this means that the tenant is required to keep a place safe for all who come upon the property. However, this doesn’t eliminate the requirements of the landlord or owner of the property to also keep the place safe. Some additional areas of risk and risk management that come up within the landlord tenant relations include the following, as illustrated by the applicable case or statutes:

UTILITY CHARGES OR RENT INCREASES

A Summary of Eligibility Under the Family and Medical Leave Act

Published on: November 7, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Most employees and employers have heard of the Family and Medical Leave Act (FMLA) but most people don’t understand what it is or how it works. In summary, the FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. What this means is that if an employee qualifies under the FMLA, they can be absent from their job with an assurance that their job will still be there for them when they return. Essentially, it is a limitation on the almost ever present “at will” law which says that an employer can terminate an employee’s employment at any time for any reason, so long as it is not for an illegal reason.

The FMLA was created to protect and help employees balance their health, work and family responsibilities. 　he FMLA allows employees to take unpaid leave for certain family and medical reasons.

Tipped Employees Under the Fair Labor Standards Act (FLSA)

Published on: November 5, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

During my work as an employment law attorney I often have employers ask whether the Fair Labor Standards Act (FLSA) applies to those employees they have who receive and are paid through tips. The purpose of this post is to identify and describe the requirements of the FLSA to employees who receive tips.

According to the United State Department of Labor,

Legal Obligations of the Landlord to the Tenant

Published on: November 5, 2016 | by Racine Olson

By Lane V. Erickson, attorney

Most often when people hear about the landlord tenant relationship they focus on the obligations of the tenant. It’s important to understand that the landlord also has obligations. Most of these obligations are set forth in plain language in a written lease agreement. However there are some additional legal requirements that every landlord has in Idaho that are created by their by Statute or by case luck. Here are some of those basic obligations:

DUTY TO SUPPLY POSSESSION

What is a Simple Will?

Published on: November 5, 2016 | by Racine Olson

By Lane V. Erickson, attorney

Almost everyone I talk to claims to know what a Simple Will is. However, when asked to describe what goes into a Simple Will or what statements are made in one, very few people actually know. 　I don’t ask this question to make people feel dumb, I really use it as a way to illustrate the fact that most people really do not understand what a Simple Will is or how to create one.

A Simple Will is exactly what it is described to be: simple. In fact, it can actually all be contained on one page. Here are the basics that should be in a Simple Will

Randy Budge and T.J. Budge Present at the 33rd Annual Water Law & Resource Issues Seminar

Published on: November 4, 2016 | by Racine Olson

Randy Budge and T.J. Budge gave presentations at the 33rd Annual Water Law and Resource Issues Seminar of the Idaho Water Users Association. Randy presented on November 4 on the “Idaho Ground Water Appropriators/Surface Water Settlement.” T. J. presented on November 3 on the “Idaho Ground Water District Law.”

Idaho Workers’ Compensation Benefits are an Offset to PERSI Disability Benefits

Published on: November 4, 2016 | by Racine Olson

By Fred J. Lewis

On June 8, 1992 the Idaho Supreme Court filed their decision in the case Osick v. Public Employee Retirement System of Idaho, 122 Idaho 457, 835 P. 2d 1268 (1992). Mr Osick was an employee of the Ada County Highway District from 1959 until he was injured in 1986. He filed a workers’ compensation claim and negotiated a lump-sum settlement of $24,667.50 plus $500 per month in compensation for his injury. Since Mr. Osick was a public employee he qualified for disability benefits under the Public Employee Retirement System which is known as PERSI. He was awarded disability benefits from PERSI in the amount of $903.60 per month. Pursuant to Idaho Code Section 59-1320 (1b), PERSI was able to offset Mr. Osick’s disability benefits in the amount that he received each month from his workers’ compensation claim. Mr. Osick petitioned the PERSI Board for a hearing, contending that in light of the case Deonier v. Public Employee Retirement Board 114 Idaho 721, 760 P. 2d 1137 (1988), that there should be no offset to his PERSI disability benefits by his workers’ compensation benefits. The Idaho Supreme Court disagreed and held that Idaho code Section 59-1320 (1), which was later recodified at Idaho Section 59-1353 (1) was not in disagreement with Idaho Code Section 72-318. The Idaho Supreme Court noted that the PERSI Statute was coordinated so that if the employee were to receive any annual workers’ compensation benefits under the same disability that the PERSI disability benefits would be offset by the workers’ compensation benefits.

The importance of this decision to public employees is that workers’ compensation benefits often provide little or no benefit to them because they just offset the PERSI disability benefits until that public employee goes on to his or her PERSI retirement benefits. I have been able to negotiate around this offset in the past. If you are a public employee and are injured as a result of an Idaho workers’ compensation claim, please contact me so that we can explore legally creative ways to get around this offset to your PERSI disability benefits.

Statutory Inheritance of Separate Property

Published on: November 4, 2016 | by Racine Olson

By Matthew P. Stucki

A couple of concepts that are often confusing for many clients deal with: 1) the difference between separate property and community property, and 2) how separate property of an individual is distributed upon his or her death if he or she does not have a Last Will and Testament.

Under Idaho Law, property that is owned by the wife prior to marriage and property that is acquired after marriage by way of gift, bequest, devise or descent, shall remain the sole and separate property of the wife. (vice versa for the husband). See Idaho Code § 32-903. However, to maintain the separate nature of the property, it is important that the wife does not mix her separate property with her husbands. For example, if a woman has $20,000 of separate property in an account before marriage and after marriage combines her account with her husband’s account, with both her and her husband thereafter using the account as a common account, then the property that the woman initial had is likely to have lost its classification as separate property of the wife.

Are Breaks Required for Employees?

Published on: November 3, 2016 | by Racine Olson

By Lane V. Erickson, attorney

As an employment law attorney, my clients often ask questions related to the Fair Labor Standards Act (FLSA). Most recently, I seem to be getting many questions about whether breaks are required to be given to employees. The purpose of this blog is to provide a short summary of what the law requires with regards to providing breaks to employees.

Currently, federal law does not require lunch or coffee breaks to be given to employees. Like most other benefits provided by employers, there is no specific requirement that they be given. Many employers offer these type of breaks to their employees though as a benefit and as a way of enticing their employees to remain employed with the employer. Imagine a prospective employee evaluating two different job opportunities and seeing that one job does not offer any type of breaks including a lunch break during the work day. Under this circumstance it is fairly easy to see which job it is likely the employee would take. Employers know that in order to entice prospective employees and to keep current employees happy, these types of benefits must be provided.