Idaho Law Blog

ESPA Ground Water Management Area

Published on: November 15, 2016 | by Racine Olson

The Director of the Idaho Department of Water Resources recently issued an Order Designating the Eastern Snake Plain Aquifer Ground Water Management Area (“ESPA GWMA”) on November 2, 2016. The Director said his objective in forming the ESPA GWMA is to “bring all of the water users into the fold – cities, water districts and others – who may be affecting aquifer levels through their consumptive use.” (IDWR Press Release No. 2016-18.)

The formation of the ESPA GWMA comes on the heels of the monumental ESPA Settlement Agreement between the Surface Water Coalition (SWC) and Idaho Ground Water Appropriators, Inc. (IGWA). That Agreement resolved more than a decade of contentious litigation between surface water and groundwater users by requiring groundwater users to reduce their water use in order to achieve an agreed-upon aquifer recovery goal for the ESPA. However, about ten percent of the groundwater users who divert water from the ESPA are not represented by IGWA and are not participating in recovering the ESPA. The designation of the ESPA GWMA is designed to require these outliers to contribute toward efforts to recover the aquifer.

Homestead Allowance in Second Marriages

Published on: November 15, 2016 | by Racine Olson

In second marriages, when one or both spouses have children from a previous marriage, it is common for husband or wife to draft their estate planning documents in a way to ensure that their children from the previous marriage will inherit. One way to accomplish this desire is to devise all community property to the new spouse and all separate property to the children from the previous marriage. However, if this is not done properly, the surviving spouse may be able to swoop in under the homestead allowance and take the separate property that was meant to go to the deceased spouse’s children from the previous marriage.

Idaho Code § 15-2-402 states that:

“The homestead allowance is exempt from and has priority over all claims against the estate…The homestead allowance is in addition to any share passing to the surviving spouse…by the will of the decedent unless otherwise provided in the will, or by intestate succession, or by way of elective share. The amount of the homestead allowance shall be fifty thousand dollars ($50,000)…The right to a homestead allowance is determined as follows:

Idaho Worker’s Compensation Insurance Companies Still Under the Microscope

Published on: November 11, 2016 | by Racine Olson

By Fred J. Lewis

In October of 2006 the Claimant, Thomas C. Millard, fell 25’ on to a cement pad and injured his back, left leg, neck and shoulder. As a result of the accident the Claimant also suffered a serious brain injury.

As a part of his treatment the Claimant in 2012 and 2013 had injections completed by his doctor Vikas Garg, M.D. Claimant also received physical therapy treatments in 2011.

Employee v. Independent Contractor Under Idaho Law

Published on: November 11, 2016 | by Racine Olson

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 enjoy these protections but is entitled to receive the terms and conditions of his contractual agreement. The reason for this is that the independent contractor is in a position to negotiate the terms and conditions of the contract, including how, when, and how much they will be paid. 　One of the main questions I am asked by my clients is whether a person is an independent contract or an employee.

An independent contractor is a person who retains control of the job that is to be done. The best example that can be given is that of building a house. In this scenario there is usually a general contractor who agrees with the home buyer to build a certain home, in a certain location within a certain amount of time. This general contractor often hires subcontractors to complete specific types of jobs on the home such as installation of the plumbing or the electrical wires. A subcontractor is nothing more than an independent contractor.

Records To Be Kept By Employers

Published on: November 11, 2016 | by Racine Olson

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 rates of pay for overtime hours worked. To compute which employees are entitled to receive these benefits, every covered employer must keep certain records for each non-exempt worker.

THE SPECIFIC RECORDS TO BE KEPT

Fatality on Westbound I-84 Near Broadway in Ada County

Published on: November 10, 2016 | by Racine Olson

The Idaho State Police (ISP) reports that a two-vehicle crash occurred Thursday, November 10, 2016 on westbound I-84 at milepost 56 near Broadway Avenue. A 24 year-old man, Matthew Martin from Ontario, Oregon was traveling in the westbound lane in a 2016 Toyota Corolla when he lost control of his vehicle and struck the guard rail. Martin’s vehicle came to rest in the center lane of travel. Martin was struck by a 2012 Freightliner commercial vehicle driven by Justin Dennis of Caldwell while he was standing next to his vehicle in the traffic lane.

Martin was transported by ambulance to St. Alphonsus Medical Center in Boise where he later died of his injuries. The lanes of travel on I-84 were blocked for approximately 5 ½ hours while law enforcement and emergency personnel investigated the accident scene.

An accident can become worse by actions taken immediately following a crash. Always keep safety in mind to prevent additional accidents or injuries. If possible, after a crash, pull over to a safe spot out of the lanes of traffic. If you are not able to do so, alert other drivers of the accident using your hazard lights or use cones or flares to direct traffic away from your disabled vehicle. It is advisable to have an emergency kit in your vehicle at all times with items such as flares, cones, warning triangles, flashlight or other types of useful equipment.

When is the Right Time in Life to Update My Estate Planning?

Published on: November 10, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

The estate planning blogs that we have posted on our website mainly talk about the importance and reasons why you should complete your own personal estate planning. I do have a number of clients who have their estate planning done. When this occurs, many of them come to me and ask me about when it would be important for them to update their estate planning. I explain to my clients that there are several major life changes that could occur that are a good reason to pull out their estate planning documents and decide if changes need to be made. Here is a list of these major life changes:

1. DEATH OF A PERSON

What Can a Last Will and Testament Do?

Published on: November 10, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

For nearly two decades I have been practicing estate planning law by providing estate planning advice and creating estate planning documents for my clients. These documents often and usually include a Last Will and Testament. The purpose of this post is to describe several of the important functions that can be accomplished through a Last Will and Testament. Here is a list of some of the basic things that a Last Will and Testament can accomplish:

1. SPECIFIC GIFTS

Comparing the FLSA and State Wage and Hour Laws

Published on: November 9, 2016 | by Racine Olson

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 with the responsibility of legislating and creating laws dealing with how and when an employee is paid and the procedures and processes of what an employee can do when they are not properly paid. Idaho has done this by enacting Title 44 of the Idaho Code which contains statutes dealing with various ware and hour issues such as: minimum wage, hours worked and child labor laws.

Idaho has also enacted Idaho Code §§ 45-601 et seq., concerning an employee’s claim for wages and the processes and procedures an employee can use to seek to obtain their wages from the employer.

Estate Planning Is Not Just About Death But is Also About Life

Published on: November 9, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Whenever I am working with my estate planning clients I have the opportunity to help them appreciate and understand everything that getting their estate planning done can accomplish. In particular, I am able to point out to them that getting their estate planning done is not just about their death but is also about their life. What I mean by this is that estate planning for an individual can help them plan for their own future and life. here is a list of documents that are used in estate planning to care for a person while they are alive.

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