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Articles Posted in Employment & Labor

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The Motor Carrier Exemption under the Fair Labor Standards Act (FLSA)

By Joseph G. Ballstaedt One of the common exemptions to the overtime requirement of the Fair Labor Standards Act is the “Motor Carrier Exemption.” This exemption applies to employees who: 1) work for a motor carrier or motor private carrier, 2) are drivers, driver’s helpers, loaders, or mechanics whose duties…

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Employers Should Take Care Before Relying on an Exception to FLSA Overtime Requirements

By Joseph G. Ballstaedt Under the Fair Labor Standards Act, employers are generally required to pay employees overtime pay, which is one-and-a-half times the regular pay. Overtime pay kicks in after an employee works 40 hours in any given week. There are several common exemptions to the overtime pay requirement,…

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Are Non-compete Agreements in Idaho Enforceable?

By Joseph G. Ballstaedt Usually a non-compete agreement refers to a contract between an employer and an employee whereby the employee agrees not to engage in a trade or profession that competes with the employer’s business. Sometimes these agreements are called “non-compete clauses,” “covenants not to compete,” or “restrictive covenants.”…

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The Three Appellate Authorities for Unemployment Benefits Decisions

By Joseph G. Ballstaedt In Idaho, you may be eligible for unemployment benefits if you meet monetary eligibility requirements and personal eligibility requirements. You must be ready and able to work, and you must have quit your previous job with good cause related to the employment (wages, hours, working conditions…

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Wrongful Termination in Violation of Public Policy

By Lane V. Erickson, Attorney The termination of an employee will be controlled by either an existing employment contract or Idaho’s “at will” doctrine.  However, regardless of which of these applies to the employment relationship, it is illegal for an employer to terminate an employee in violation of public policy.…

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