Idaho Law Blog

A History of the Fair Labor Standards Act

Published on: October 16, 2016 | by Racine Olson

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” for overtime in certain jobs, and prohibited most employment of minors in “oppressive child labor”, a term that is defined in the statute. It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage.

The FLSA was originally drafted in 1932 by Senator Hugo Black, who was later appointed to the Supreme Court in 1937. However, Black’s proposal to require employers to adopt a thirty-hour workweek was unpopular with employers who were used to working employees up to 12 hours a day. In 1938 a revised version of Black’s proposal was passed that adopted an eight-hour day and a forty-hour workweek and allowed workers to earn wage for an extra four hours of overtime as well. Children under eighteen were prohibited from certain dangerous jobs, and children under the age of sixteen could work during school hours.

3 Things to Know About Estate Planning and Divorce

Published on: October 16, 2016 | by Racine Olson

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 estate. 　Worse, your estranged spouse may be legally entitled to receive your estate. 　The good news is that you can change this. 　Here are 3 things you should know about estate planning and divorce.

1. YOU CAN CHANGE YOUR ESTATE PLAN ANY TIME YOU WANT

What happens to retirement benefits in divorce?

Published on: October 15, 2016 | by Racine Olson

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. First, the “Time Rule” is a valuation method that determines the community interest in a retirement by computing a ratio of the time of marriage, to the total years of service during which the pension or retirement was earned. Maslen v. Maslen, 822 P.2d 982 (Idaho 1991). Under this valuation method, the calculation must be determined by calculating the amount of benefits that would be due if the spouse were eligible for retirement then. Id., at 982.

Estate Planning and Real Estate

Published on: October 15, 2016 | by Racine Olson

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 you should know when it comes to estate planning.

The first thing you should know is that owning real estate in different states is not a real problem when it comes to estate planning. The probate of your estate will take place in the state you reside in when you die. The court proceedings and appointments of a personal representative will all take place there. More than likely your family will have an attorney help them through the probate process. However, your family will also have to hire an attorney in each state where you own real estate to help in the transfer of that property as well.

4 Steps To Take When Considering A Termination

Published on: October 14, 2016 | by Racine Olson

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 caustic in the workplace. Additionally, even if all the employees are good, sometimes the business is not doing well and can’t afford to keep the employees hired. Whatever the reason, there are often times when an employer must terminate an employee. Here are 4 steps to take anytime you are considering terminating an employee.

1. MAKE SURE THE REASON FOR TERMINATION IS LAWFUL.

Your Estate Planning Should Not be a Treasure Hunt for Your Family

Published on: October 14, 2016 | by Racine Olson

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 effort to create an estate plan, many individuals make it hard for their families to find their estate planning documents because they simply aren’t organized. 　Here are some tips that can help your family in the event you pass away.

1. ORGANIZE YOUR DOCUMENTS

In Idaho, what is the statute of limitations for personal injuries to minors?

Published on: October 14, 2016 | by Racine Olson

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, you have two years to file a lawsuit against any party who injured you. If you fail to do so, you must bear the burden and expense of your injuries alone. Any party who caused or contributed to your injuries is off the hook. The law doesn’t care whether you knew about the statute of limitations; your claim still expires.

Statutes of limitations may seem unfair, but there are many compelling policy reasons behind them, such as encouraging people to promptly enforce their rights, minimize deterioration of evidence, reduce the volume of lawsuits in courts, and to promote peace of mind (after some point, a person who is worried about being sued should know he is in the clear).

Accident, Occupational Disease, or No Claim?

Published on: October 13, 2016 | by Racine Olson

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 an injury”. You must be able to reasonably locate the time and place of your accident or you cannot claim that you had an Idaho Workers’ Compensation accident.

The only other type of Idaho Workers’ Compensation claim arises out of an occupational disease, which is defined by Idaho Code Section 72-102(22)(a) as follows: “Occupational disease” means a disease due to the nature of an employment in which the hazards of such disease actually exist, are characteristic of, and peculiar to the trade, occupation, process, or employment…” If you cannot fit your Idaho Workers’ Compensation accident within the definition of an accident or an occupational disease claim, you do not have a viable Idaho Workers’ Compensation claim.

Slow Down and Anticipate Traffic Pattern Changes

Published on: October 13, 2016 | by Racine Olson

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 believe. Nationally, 82% of the construction zone fatalities involve drivers and occupants in motor vehicles. ITD offers various safe driving tips for motorists while traveling in construction zones.

Construction zones are inconvenient and slow down the flow of traffic. Commuters traveling on I-84 across the state are painfully aware of the congestion and delays caused by work zone related traffic pattern changes and speed reductions. Drivers can keep the flow of traffic moving by merging properly and obeying posted speed limits. I.C. §49-657 has a fixed penalty for work zone violations of $50.00 and when additional fees are added, the average fine totals in excess of $100.00. Speeding is a major contributor to crashes in construction zones.

Rear-end collisions are the most common type of crash in a construction zone. Always keep a safe distance between you and the vehicle in front of you. Take it easy, be courteous, back off and don’t tailgate. Stay alert and keep distractions at a minimum. The construction crew and flaggers also want to remain safe and complete their work shift free from accidents and injuries.

WHAT IS SEPARATE PROPERTY IN IDAHO?

Published on: October 13, 2016 | by Racine Olson

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 property acquired by either spouse prior to marriage or thereafter acquired by gift, bequest, devise or descent. Also, property acquired with the proceeds of separate property is considered separate property.