Idaho Law Blog

The Bonus of Employee Benefits

Published on: September 2, 2016 | by Racine Olson

Many, but not all Idaho employers offer benefits of some sort to their full-time employees. This could include vacation pay, health, dental or life insurance, sick pay, paid time off for holidays, or other similar benefits. Employment benefits of these types are a fantastic addition to the wage or salary that is earned by the employee. When most employees are looking at a job they take into consideration the entire package of pay and benefits to decide whether the job is worth taking. The key is to understand the role of benefits in an employment relationship.

It’s amazing to me how often I am asked by clients whether they can force their employer to provide certain benefits to them as an employee. The reality is that no employer is required to provide any benefits to any employee. There is currently no Idaho law nor is there any federal law that requires an employer to provide any specific benefits to their employees. The only exceptions to this is that these employers almost always have to provide Workers Compensation Insurance and unemployment insurance.

5 Events That Should Cause You to Update Your Estate Planning

Published on: September 2, 2016 | by Racine Olson

By Lane Erickson, Attorney

Everyone should have an Estate Plan in place. Additionally everyone should keep their Estate Plan updated during their lifetime. That seems to be simple common sense but I often have clients ask me from a practical standpoint when they should update their Estate Planning. 　Here are 5 events during your lifetime that should cause you to update your Estate Planning.

1. A Birth

PROS & CONS OF A SPEEDY DIVORCE

Published on: September 2, 2016 | by Racine Olson

By Nathan R. Palmer

Most individuals in need of a divorce seek a quick, efficient resolution. Divorce proceedings in southeast Idaho typically last between four and six months, on average. The divorce process entails exchanging information and documentation between the parties, potentially agreeing upon issues, including child custody and spousal maintenance, and going to trial to allow a judge to make a final decision on all issues on which the Parties do no agree. Some individuals desire to avoid this process for varying reasons, including lack of time, money, or desire. As a result, those individuals might simply agree to the terms of divorce proposed by the opposing party.

The advantages and disadvantages of obtaining a divorce without performing a thorough investigation vary depending on the nature of each case. All too often people agree to a speedy divorce only to regret the decision a few days, weeks, or months later. Here are some of the pros and cons of seeking a speedy resolution:

What is the law for minimum wage and overtime in Idaho?

Published on: August 31, 2016 | by Racine Olson

By Joseph G. Ballstaedt

Idaho’s minimum wage is $7.25 an hour. Idaho Code § 44-1502. Idaho has chosen to mirror the federal minimum wage, which is established in the Fair Labor Standards Act (FLSA). 29 U.S.C.S. § 206(a)(1)(C). Some states have not kept up with the federal minimum wage. For example, the rate under Wyoming statutes governing minimum wage is $5.15 an hour, but federal law trumps any state law with a minimum wage lower than $7.25 an hour, the federal rate. States can choose, however, to increase the minimum wage above the federal rate, and 29 states have chosen to do so. Only a few of these states have rates above $9.00-$10.00 an hour, but some, like California and New York, have enacted laws that will eventually bring the minimum wage up to as high as $15.00 an hour.

Federal law also requires that all employees receive overtime pay after working forty hours a week. Overtime is one and one-half times the regular rate of pay. 29 U.S.C.S. § 207(a)(1). Thus, for Idaho employees who are paid minimum wage, overtime pay can be no lower than $10.88 an hour.

The 3 Documents Necessary for a “Basic” Estate Plan

Published on: August 31, 2016 | by Racine Olson

By Lane Erickson

Every person should have an estate plan in place. The benefits of even the most basic of estate plans outweigh the costs. An estate plan will ensure family members and friends know your answers to several important issues, including who should act as personal representative of your estate and how assets should be divided. Your loved ones will also know you contemplated those sensitive matters and made your last wishes known. In Idaho, a basic estate plan will typically consist of three documents:

a will or trust;

Will I get spousal maintenance in my divorce?

Published on: August 31, 2016 | by Racine Olson

By Heidi Buck Morrison

While Idaho is not considered an “alimony state,” Idaho courts do have discretion to award spousal maintenance if your situation meets certain criteria set forth in Idaho’s spousal maintenance statute. In order for the court to grant spousal maintenance, it must find that the spouse seeking maintenance:

Lacks sufficient property to provide for his or her reasonable needs; and

Who is Responsible if an Item falls from a car in front of me?

Published on: August 31, 2016 | by Racine Olson

By Patrick N. George

We’ve all seen this before the situation before where items are tied precariously to the top of a car or hanging over the edge of a truck. If it falls out, who is at fault?

Before we go further, we hope that nothing goes wrong in such a scenario. Of course, we know that the best case scenario is not always going to happen. Sometimes an item is going to fall from the car. Occasionally an item is going to fall out of the truck. In each of these two situations,

In a breach of contract lawsuit in Idaho, does the losing party have to pay the winning party’s attorney fees?

Published on: August 30, 2016 | by Racine Olson

By Joseph G. Ballstaedt

Before hiring an attorney to file or defend a breach of contract lawsuit in Idaho, you should consider attorney fees, especially if the contract is relatively small. Although each case is different, the losing party generally has to pay attorney fees in a breach of contract claim. Many contracts specifically state that if a party breaks the contract, he or she has to pay the other party’s attorney fees and costs in any legal suit to enforce the contract.

Moreover, even if the contract is silent on attorney fees or the contract was oral, Idaho law explains that the losing party has to pay the winning party’s fees in many contract disputes: “In any civil action to recover on .　.　. [a] contract relating to the purchase or sale of goods .　.　. or services .　. . , the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs.” Idaho Code § 12-120(3).

Selling Your Home? 3 Things to Know About Seller’s Disclosures

Published on: August 30, 2016 | by Racine Olson

By Lane V. Erickson

Like most States Idaho has determined that it wants people to be able to sell their homes whenever they want. However, because housing is such an important part of life, and is a huge investment for most people, Idaho requires certain disclosures to be made by a seller so that a buyer is fully informed before they make a purchase of a home. 　The law in Idaho is called the Property Condition Disclosure Act which is found at Idaho Code §§ 55-2501 through 2518. 　Here are three key things you need to know about this particular Idaho statute.

1. Who is Required to Make Disclosures

Your Mode of Transportation Affects Your Health and Your Safety

Published on: August 30, 2016 | by Racine Olson

By Patrick George

Recently, I wrote concerning bicycling and the safety that needs to be exercised when engaging in that activity. However, as has been shown by various universities, bicycling can improve your health and mental outlook on life.

Exposure to the sun actually increases happiness. We seem to recognize this when we go outside for breaks or walk down the street for lunch. Bicycling to work or leaving the roof down for the drive might be a healthy move. This has been recognized by the Stanford University School of Medicine. Serotonin levels in our body are boosted by exposure to sunlight and can made you feel happy. This also potentially raises Vitamin D levels which in turn plays a role in your happiness. Obviously, you need to protect against over-exposure from the sun or dehydration. A good quality sun screen, along with drinking plenty of fluids should do the trick.