Idaho Law Blog

Prohibitions Against Familial Discrimination Under the Fair Housing Act

Published on: November 9, 2016 | by Racine Olson

It is unfortunate but true that landlords often aren’t familiar with their responsibilities when it comes to renting to families with children. Many times, landlords don’t even know that families with children enjoy a protected status under federal housing discrimination laws. In addition to the protections against standard discrimination the federal Fair Housing Act (FHA) also protects the familial relationship. In other words, the FHA protects persons from being discriminated against because they are members in a family.

Unless a building or community qualifies as housing for older persons (is occupied by persons aged 62 or older or has received such designation from the HUD Secretary) a landlord may not discriminate against a potential tenant based on familial status. Essentially, a landlord may not deny housing to a family in which is comprised in part of one or more children who are under 18 and who live with:

Daylight Savings Time Ends This Weekend

Published on: November 8, 2016 | by Racine Olson

Studies conducted by the National Health Institute and other agencies show that accidents, particularly fatal accidents, increase during the time shifts for Daylight Savings Time (DST). On Sunday, November 6^th, Idahoans will turn their clocks back one hour giving us all an extra hour of sleep. That is a good thing right? However, data from decades of automobile crashes show that the number of accidents increase on the Sunday of the fall shift from DST. Researchers believe the anticipation of the extra daylight hour on this autumn Sunday leads to increased accidents since drivers become drowsy while staying out later than usual in the evening.

Drowsy Driving Prevention Week is November 6 – 13, 2016 which is an annual campaign sponsored by the National Sleep Foundation. Its goal is to educate the public regarding the risks of driving while sleep deprived. Surveys reveal that half of American adult drivers admit to driving while drowsy and 1 in 5 admit to falling asleep behind the wheel. Drowsiness and driving is a dangerous combination. Drowsiness doubles a motorist’s crash risk. Get a good night’s sleep, schedule regular stops, and pull over to take a short nap if you feel fatigued, not only for long trips, but also for shorter trips of an hour.

The end of DST also creates a more dangerous evening commute during the work week with darkness arriving sooner since the early dusk hours make it more difficult for motorists to see other vehicles and pedestrians and bicyclists in the roadway. Give yourself extra time to commute in the evening and slow down as dusk occurs to allow your eyesight to adjust to the changes.

A Family Fight Over an Estate: Princes’ Family as a Case Study

Published on: November 8, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Unless you have been living under a rock, it is common knowledge that the famed singer and songwriter who called himself Prince, died in April of 2016, at the age of 57. 　It is also well known that he died without a written Last Will and Testament. What you may not know but could probably guess is that his family, which mainly includes his siblings and half siblings, are now fighting over who will get his $300 million estate. He had two ex-wives, no (known) surviving children, and his parents had died years before. He does have one full sister, and he has five half-siblings through each of his parents.

Under Minnesota law, which is where Prince resided when he died, his estate would be divided between his full sister, and his five surviving half-siblings. This is because of the applicable intestate laws and the fact that Prince’s parents are deceased, he wasn’t married, and he has no known children.

Vehicle Crash Causes Fatality and Fuel Spill on Highway 75 Near Challis

Published on: November 7, 2016 | by Racine Olson

A 63 year-old woman from Clayton, Idaho was killed on November 1, 2016 when her 1999 Subaru crossed the centerline of Highway 75 and struck a 2010 Kenworth pulling trailers hauling 10,000 gallons of diesel fuel. The Kenworth rolled, rupturing the fuel tanks. The trailers were fully engulfed. The North Custer Fire Department was able to contain the diesel spill; however, the fire burned for nearly five hours and the highway was closed until it was safe for travel.

The woman was not wearing a seat belt and died at the crash scene. The truck driver who was wearing a seat belt was able to exit the Kenworth without any injuries. The crash is still under investigation by the Idaho State Police. It is yet to be determined what caused the female driver to cross the centerline.

Studies conducted by traffic officials and behavioral experts indicate that performing a secondary task while driving is one of the riskiest actions. Diverting one’s attention away from safe driving to engage in competing tasks greatly increases the likelihood of a crash. Drivers report that they frequently use an electronic device, adjust the radio, talk to passengers, or eat while driving; cell phone use even among experienced drivers delays reaction time to potential hazards on the road.

A Basic Estate Planning Checklist

Published on: November 7, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

As an estate planning attorney I find that people most often fail to get their estate planning done because they don’t know where to begin. I feel that my job as an estate planning attorney is to help people get on the right path to completing their estate planning. Often all it takes is providing a basic estate planning checklist to my clients to help them get started. Here are some of the basic things that I discuss with my estate planning clients:

1. BANK ACCOUNTS, LIFE INSURANCE AND RETIREMENT ACCOUNTS

Landlord Risk Management Issues

Published on: November 7, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Generally, owners and occupiers of land or residential premises in Idaho will be under a duty of ordinary care under the circumstances towards invitees who come upon their leased premises. 　Essentially this means that the tenant is required to keep a place safe for all who come upon the property. However, this doesn’t eliminate the requirements of the landlord or owner of the property to also keep the place safe. Some additional areas of risk and risk management that come up within the landlord tenant relations include the following, as illustrated by the applicable case or statutes:

UTILITY CHARGES OR RENT INCREASES

A Summary of Eligibility Under the Family and Medical Leave Act

Published on: November 7, 2016 | by Racine Olson

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 this means is that if an employee qualifies under the FMLA, they can be absent from their job with an assurance that their job will still be there for them when they return. Essentially, it is a limitation on the almost ever present “at will” law which says that an employer can terminate an employee’s employment at any time for any reason, so long as it is not for an illegal reason.

The FMLA was created to protect and help employees balance their health, work and family responsibilities. 　he FMLA allows employees to take unpaid leave for certain family and medical reasons.

Tipped Employees Under the Fair Labor Standards Act (FLSA)

Published on: November 5, 2016 | by Racine Olson

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 of the FLSA to employees who receive tips.

According to the United State Department of Labor,

Legal Obligations of the Landlord to the Tenant

Published on: November 5, 2016 | by Racine Olson

By Lane V. Erickson, attorney

Most often when people hear about the landlord tenant relationship they focus on the obligations of the tenant. It’s important to understand that the landlord also has obligations. Most of these obligations are set forth in plain language in a written lease agreement. However there are some additional legal requirements that every landlord has in Idaho that are created by their by Statute or by case luck. Here are some of those basic obligations:

DUTY TO SUPPLY POSSESSION

What is a Simple Will?

Published on: November 5, 2016 | by Racine Olson

By Lane V. Erickson, attorney

Almost everyone I talk to claims to know what a Simple Will is. However, when asked to describe what goes into a Simple Will or what statements are made in one, very few people actually know. 　I don’t ask this question to make people feel dumb, I really use it as a way to illustrate the fact that most people really do not understand what a Simple Will is or how to create one.

A Simple Will is exactly what it is described to be: simple. In fact, it can actually all be contained on one page. Here are the basics that should be in a Simple Will