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…
Articles Posted in Employment & Labor
Estate Planning and How to Deal with Changes in Your Life
By Lane V. Erickson, Attorney The saying that the only constant in life is change, is as applicable to estate-planning as it is to any other aspect of your life. There is no doubt that as time goes on change will occur in your life. But, change doesn’t have to…
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,…
Are Idaho’s Employment Laws Bad for Employees?
By Lane V. Erickson, Attorney I just read a recent post by a person complaining about Idaho’s Employment Laws and how they were so unfair and hard because this person’s daughter was terminated without cause, and she didn’t get any lunch break while she worked. This person had moved from…
The Rejection Letter: How to Let An Applicant Down Easy
By Lane V. Erickson, Attorney As an employer you have faced this situation many times. You completed the job application. You narrowed down and interviewed your top choices. All of your hard work paid off and you found the right person for the job. You are excited to hire this…
How Employers Use a Job Application to Obtain the Information They Need
By Lane V. Erickson, Attorney We all seen them and have likely filled several of them out during our working careers. I’m talking about job applications. Employers use job applications as a tool when hiring as a way of ensuring that they are weeding out potential problems and hiring the…
Drafting a Good Job Description
By Lane V. Erickson, Attorney It doesn’t really matter whether you have 10 or 10,000 employees, your business, or any business with employees will gain a direct benefit from having well written, accurate job descriptions. Accurate job descriptions in an engagement letter or an employment agreement helps to eliminate confusion.…
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.”…
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…
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.…