By Lane V. Erickson, Attorney The Fair Labor Standards Act of 1938 (abbreviated as FLSA; also referred to as the Wages and Hours Bill) is a federal statute of the United States that changed employment relationships dramatically. The FLSA introduced the forty-hour workweek, established a national minimum wage, guaranteed “time-and-a-half”…
Idaho Law Blog
3 Things to Know About Estate Planning and Divorce
By Lane V. Erickson, Attorney Once you are married, you stay that way legally until a judge signs a divorce decree. If you are separated from your spouse but not divorced and then you die or become disabled, your estranged spouse may still have legal control over you and your…
What happens to retirement benefits in divorce?
By Heidi Buck Morrison One of the assets that must be dealt with in divorce is the parties’ retirement accounts such as pensions, 401Ks and IRAs. Upon divorce, retirement benefits must be valued and divided. With respect to valuing a retirement account, there are two valuation methods used by courts.…
Estate Planning and Real Estate
By Lane V. Erickson, Attorney The world has become a much smaller place. It’s now very common for an individual to own real estate not only where they live but also in other states. If you own land, regardless of what state it is in, there are several things that…
4 Steps To Take When Considering A Termination
By Lane V. Erickson, Attorney In a perfect world an employer would never have to terminate any employee. All employees would work hard, be profitable and be worth keeping as an employee. However, the reality is quite different. There are often employees that are poor workers, or whose personalities are…
Your Estate Planning Should Not be a Treasure Hunt for Your Family
By Lane V. Erickson, Attorney Several times a week our firm will get phone calls asking whether we have the will for a certain individual who recently passed away. Talking with other estate planning attorneys, this is not unique. It seems all too common that even after going to the…
In Idaho, what is the statute of limitations for personal injuries to minors?
By Joseph Ballstaedt Every potential lawsuit has a “statute of limitations”—a time period in which the lawsuit can be filed in a court. If it is not filed within this time, the lawsuit expires and is forever barred. For example, in Idaho, if you are injured in a car accident,…
Accident, Occupational Disease, or No Claim?
By Fred J. Lewis Idaho Code Section 72-102(18)(b) defines an industrial accident as follows: “Accident” means an unexpected, undesigned, and unlooked for mishap, or untoward event, connected with the industry in which it occurs, and which can be reasonably located as to time when and place where it occurred, causing…
Slow Down and Anticipate Traffic Pattern Changes
With Idaho’s population growth and the increased traffic demands being placed on our roadways, construction zones are everywhere! The Idaho Transportation Department’s (“ITD”) research over the past several years indicates that 4 out of 5 construction zone accidents involve drivers or passengers, not construction crew workers like most of us…
WHAT IS SEPARATE PROPERTY IN IDAHO?
By Nathan R. Palmer A divorcing party generally seeks to protect her/his separate property from the opposing party. While property characterized as community property is generally divided equally, separate property will be left with the owner of the property. So what is separate property? Separate property in Idaho is all…