Idaho Law Blog

Are Breaks Required for Employees?

Published on: November 3, 2016 | by Racine Olson

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.

Landlord’s Rights if Tenant Fails to Meet its Obligations

Published on: November 3, 2016 | by Racine Olson

By Lane V. Erickson, attorney

I’ve spent nearly two decades representing landlords in all aspects of the landlord and tenant relationship. Over time I became a landlord myself. I often have landlord clients that want to know what their rights are when the tenant fails to meet their obligations under the lease agreement. The purpose of this post is to provide a summary of those rights.

It is important to understand that a Landlord may terminate a lease after complying with all of the procedural requirements of I.C. § 6-303. Whenever the right of reentry is given to a tenant in a lease, reentry may be made at any time after the right has accrued, upon three (3) days’ notice. I.C. § 55-210.

Top 5 Estate Planning Myths

Published on: November 3, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

In my practice as an estate planning attorney, I often have clients who want to talk about what they think they know about estate planning. It usually starts with a statement/question like the following: “It’s true isn’t it that . . .” The client then will make the statement that they have heard from a family friend or read on the internet. Most often, the statement/question made by my clients is just plain wrong. Here are the Top 5 Estate Planning Myths that I have heard as an estate planning attorney.

1. Only the Wealthy Need Estate Planning.

Driver Fatigue and Truck Accidents

Published on: November 2, 2016 | by Racine Olson

By Patrick N. George

One of the reasons truck accidents happen is because of truck driver fatigue. Truck driving entails long, monotonous drives, weekly completion of working hours, and the ever present pressure to get loads to docks. It is little wonder that most drivers experience chronic fatigue, increasing their chances of getting involved in crashes. Previous safety regulations imposed by the federal government on trucking companies often do not help, the pressure to perform is just too great, which is why such devastating accidents continue to happen.

Recently, the Federal Motor Carrier Safety Administration (FMCSA), a division of the U.S. Department of Transportation (DOT), implemented a new set of federal regulations that should not only reduce fatigue, but also improve safety for motorists

The Differences Between Estate Planning and Intestacy

Published on: November 2, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

I meet with clients almost every day to discuss their estate planning. When I do this I discuss the differences between estate planning and intestacy. Most of my clients are surprised to hear a default estate plan exists for everyone. It is only when a person actually creates a written estate plan that they eliminate the default estate plan of intestacy. Here are the main differences between Estate Planning and the laws of Intestacy.

APPOINTMENTS

The “Final Rule” of the FLSA

Published on: November 1, 2016 | by Racine Olson

By Lane V. Erickson, attorney

Nearly everyone with a hand in employment law is familiar that a change to the Fair Labor Standards Act will take place the end of this year which will have an impact on who qualifies to earn overtime pay. This change is known as the “Final Rule”. The Final Rule focuses primarily on updating the salary and compensation levels needed for workers to be exempt from overtime pay.

SUMMARY OF CHANGES

Does a Landlord Have to Provide Safety and Security to the Tenant

Published on: November 1, 2016 | by Racine Olson

By Lane V. Erickson, attorney

The relationship between landlord and tenant is unique in the legal field and, as a result, is somewhat complicated. Both parties have certain statutory obligations to each other, defined by state law, and the written lease agreement which aims to reduce the complexity and confusion in residential landlord-tenant arrangements. Among these is the landlord’s obligation to protect his tenant from certain situations and/or to at least reduce the potential problems that may arise as the tenant continues to occupy the rental unit.

To provide a safe rental unit that satisfies all of the implied warranties of habitability, landlords should provide every tenant with basic security features to protect tenants and their personal property. This includes, at the very least, a front door with a functional lock, key locks for any other outgoing doors on the unit, security for all windows and appropriate lighting fixtures inside and outside of the unit. Landlords are also required to equip each unit with a working smoke detector (at a minimum, one for each floor in the unit).

Preparing for Divorce

Published on: November 1, 2016 | by Racine Olson

By Patrick N. George

It is no secret that divorce is often one of the most complex and emotional experiences of a person’s life. In fact, divorce has often been referred to as a two step process. The first step is the actual legal steps to get the divorce while the second is the emotional separation from your spouse.

Nobody ever wants to see their relationship, that was once thought to last forever, coming to an end. Yet, all too often marriages break down, for whatever reason and it is no longer possible to maintain a positive, healthy relationship. When a divorce is imminent, there are several things a person can do to minimize their stress, prepare to meet with their attorney, and make the process easier.

Car Accident Injuries

Published on: November 1, 2016 | by Racine Olson

By Patrick N. George

One of the biggest causes of injuries to both adults and children in Idaho continues to be car accidents. Back and neck injuries are common following an accident, including rear-end collisions which are the largest type of crash in the city. The design of cars and the motion that occurs, coupled with the unexpectedness of the impact, means that little support is provided to the neck and back of the vehicle’s occupants, making it more likely that those parts of the spine will be harmed during an accident.

Back and neck injuries are complicated and can range from the minor to the serious so it is always a good idea to seek help from a qualified expert or neurologist. Towards the minor end of the spectrum, victims may sustain musculoligamentous injuries including sprains and strain. These injuries can be uncomfortable, limiting, and frustrating to victims but will generally heal without problems. Generally such injuries will heal within 6 weeks or so. Much more seriously, a victim may sustain a fracture to one or more of the vertebrae that comprise a spinal column. This can be dangerous if it becomes displaced and causes harm to other areas including the spinal cord.

The 4 Biggest Estate Planning Mistakes Made by Everyday People

Published on: November 1, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

In the many years that I’ve worked as an estate planning attorney, I have met a variety of people. I find that most people are generally interested in getting their estate planning done, but don’t know how to get started. I’ve also found that completing your estate planning is one of those items that seems important but is always pushed lower on the To Do List by more pressing matters. Here are the 4 biggest estate planning mistakes that I have found are made by everyday people.

1. THINKING THAT YOU HAVE TIME TO GET IT DONE LATER