By Lane V. Erickson, Attorney My employer clients often ask me if they can be held liable for injuries or damages caused by their employees while they are working. Whenever I begin discussing this question with my clients I always like to start with a scene from the movie, Joe…
By Lane V. Erickson, Attorney Misrepresentation is just another word for fraud. Misrepresentation, either intentional or through negligence simply means there was a failure to communicate. This section will first define the types of misrepresentation that exist in Idaho and will then discuss the basic elements of agency law, which…
By Lane V. Erickson, Attorney Scene from the movie Judge Dredd: PROSECUTOR: The D.N.A. is a perfect match for Judge Joseph Dredd. JUDGE DREDD: It’s a lie! The evidence has been falsified. It’s impossible! I never broke the Law! I am the Law! Employers often ask me if there is…
By Lane V. Erickson, Attorney There is a difference between an employee and an independent contractor under both federal and state law. Under applicable laws, an employee qualifies for protection and is guaranteed a certain minimum wage and possibly overtime pay. On the other hand, an independent contractor does not…
By Lane V. Erickson, Attorney 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…
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…
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…
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…
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…
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…