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By Lane V. Erickson, Attorney

I’ve been a real estate and business lawyer for over 17 years. During this time I’ve represented a number of investors who own rental properties or other types of investment real estate. More importantly, about 10 years ago, I purchased my first investment property. Since that time I’ve purchased several more investment properties. Through my experiences of being an attorney representing investors, and by being an investor, myself I’ve learned several things about the importance of having an LLC involved as a part of a real estate investment plan. Here are three reasons why every real estate investor should have an LLC.

1. An LLC Limits Personal Liability

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By Joseph G. Ballstaedt

Yes, an employer in Idaho can pay employee with non-monetary compensation, and most do to some extent. Non-monetary compensation is any work benefit that isn’t paid in cash, with a check, or by deposit into the employee’s bank account. See Paolini v. Albertson’s, Inc., 143 Idaho 547, 550, 149 P.3d 822, 825 (2006). Sometimes these benefits are called “incidental benefits.” Examples include paid time off, retirement matching, entertainment, daycare services, gym membership discounts, tuition assistance, free magazine subscriptions, stock options, room and board, and health care benefits. These benefits allow employers to provide their employees more value without directly putting more money in their pockets, and sometimes the employer is able to directly deduct the value of these benefits from the amount the employer would otherwise pay the employee.

There are limits, however, on an employer’s use of non-monetary compensation. Under Idaho law, at least some compensation must be paid in cash. See Idaho Code § 45-608 (“Employers shall pay all wages due to their employees .　.　. in lawful money of the United States or with checks .　.　.　.” (emphasis added)). For example, an employer cannot pay an employee purely in tuition assistance, even if the value of this benefit is equal to or greater than minimum wage.

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By Lane V. Erickson, Attorney

Most people don’t know that an Idaho LLC is a wonderful way to help with estate planning whenever a family business exists. LLC is the abbreviation used when talking about a limited liability company. A limited liability company is a hybrid between a Family Partnership and a formal Corporation. Essentially, it provides all the flexibility of a partnership with all the corporate protections offered by a regular corporation. Here are the three main benefits of using an Idaho LLC in your Idaho Estate Planning whenever a family business exists.

1. Ownership of Business Assets are In the LLC

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By Patrick George

One of the most confusing areas of personal injury law is the duty to mitigate that lies with every injured person. This blog will attempt to explain this responsibility.

Many believe that if they didn’t cause the accident and they can prove negligence by another, they will recover so long as they sustained injuries in the accident. However, this is not altogether true. In Idaho, every plaintiff has the duty to mitigate damages. This means that one must take reasonable steps to minimize the financial harm caused by the accident.

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By Lane V. Erickson, Attorney

During my 17 years as an Idaho Estate Planning attorney, I have helped numerous people create their Idaho Estate Plan or have answered their Idaho Estate Planning questions. While an Idaho Estate Plan created for one person may not be right for another, there appear to be a number of similar questions that always arise. Here are the three main questions that usually come up when discussing Idaho Estate Planning with clients.

1. Do I Really Need an Estate Plan?

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By Lane V. Erickson, Attorney

I’ve represented landlords and tenants in Idaho for over 17 years. During this time I have seen almost every legal question that can come up dealing with an Idaho Landlord and Tenant relationship. One of the most common events that occurs is when a tenant abandons a rented property but leaves personal property behind. In this instance I often have Idaho landlords ask me what their legal rights are.

It is far better for a landlord to first understand the exact legal rights offered by applicable law and then seek to enforce those rights. 　In almost every instance where an Idaho 　Landlord has taken matters into their own hands they have only crippled their legal ability to accomplish their goal. 　In addition, many Idaho Landlords are often themselves subject to court order and in some instances are required to pay monetary damages to the tenant when the Idaho Landlord takes the wrong actions. The only exception to this would be in the case of abandonment.

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By Heidi Buck Morrison

Sometimes divorce is not a mutual decision.

Scenario 1: You and your spouse have problems, and while you have discussed the possibility of divorce you are nowhere near the point of wanting to move forward with a divorce. Then, boom, your spouse serves you with a petition for divorce.

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By Patrick George

It’s hard to imagine more distractions for driving. A few currently include email, texting, phone calls, and checking phones. Now we have a new one known as Pokemon Go.

Pokemon Go is a game that people play on their cell phones as they walk, or drive, around the community. You may have observed the behavior; people walking around a park, on a sidewalk, or even across a crosswalk. The game requires the player to find digital creatures called pokemons that are found in certain locations reached by the phone. Once a player collects a certain amount of pokemons, they can battle at “gyms” which are again identified by the phone.

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By Joseph G. Ballstaedt

Under federal law, when an employer intentionally discriminates against an employee based on the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, or disability, the employer can be liable for punitive damages. See 42 U.S.C. § 1981a(a). The purpose of punitive damages is to punish the employer and deter future discrimination. Punitive damages are separate from monetary relief based on lost wages and also distinct from compensatory damages, which address emotional distress, pain and suffering, harm to reputation, etc.

An employee can obtain punitive damages if he or she proves the employer discriminated “with malice or with reckless indifference” to the employee’s federal employment rights. 42 U.S.C. § 1981a(b)(1). Under this standard, it is not enough that the employer knows he is discriminating; rather, the employer must know that he may be violating the employee’s legal rights. See Kolstad v. ADA, 527 U.S. 526, 535 (1999). Put simply, this standard asks whether the employer knew certain conduct was against the law but did it anyway.

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By Fred J. Lewis

Serious on-the-job accidents often result in permanent injuries that will end your current job. Many employers will not accommodate the new restrictions that you will be given and you will be left in a position such that you will have to reinvent yourself. There is good news. There are several programs available to injured workers in Idaho where you can essentially fashion your own full ride scholarship after you were injured on the job in Idaho:

    1. The Idaho Department of Vocational Rehabilitation (IDVR) provides benefits.
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