A common issue under accidental death policies is whether a drug-related or alcohol-related death is covered
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The ADA mandates that employers reasonably accommodate employees' disabilities. Federal regulations further instruct that reasonable accommodations must be determined through an “interactive process.” Failure to do so can expose an employer to an employment law claim for failing to offer a reasonable accommodation to a person with a disability.
Read MoreMany employers have FMLA policies, or even just regular medical leave policies, that require employees to be 100% recovered from an injury and have no restrictions before the employee is allowed to return to work. EThose policies are possibly illegal and can lead to employment discrimination lawsuits.
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A seldom used, but fairly powerful Iowa law, is Iowa's Uniform Trade Secrets Act, Iowa Code Chapter 550. A trade secrets claim can arise under any circumstances. Common situations for a trade secrets claim are business relationships and employment relationships.
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Wandering and eloping patients are a significant problem for nursing homes. A wandering patient is someone who's moving aimlessly throughout the nursing home facility. Elopement, which is much more dangerous then wandering within the facility, encompasses situations when a resident leaves the facility unsupervised.
Read MoreMany people don't realize this, but when your trees' roots, branches, or limbs cross onto someone else's property, even in the air, you’re trespassing on that neighbor's property.
Read MoreEmployers occasionally grant FMLA leave by mistake when they had no legal obligation to do so. Then they discipline or fire the employee for missing too much work without FMLA protection, even though the employer initially told the employee that FMLA time was available. That's not fair to the employee, who thought that work could be missed without repercussions based upon the employer's FMLA representations. Is there anything the employee can do about that?
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Your landlord could be at risk depending on any kind of dog bites and attacks that occur on the property.
Read MoreCertain employees of automobile dealerships, including parts department employees, may be exempt from overtime law under the "automobile dealership exemption." That portion of the federal overtime law exempts “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers.” Let's focus just on the "partsman" exemption.
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A deep-dive into a case that gives us the answer we’ve bene waiting for in terms of what employees need to prove in order to win a wrongful termination claim.
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It’s important to beware of purchasing a used vehicle because of a lack of damage disclosure.
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Overtime work is a pretty common encounter for today’s typical employee, but how do you calculate overtime for someone who’s not hourly? We’ll dive into the ins and outs of how to understand where a salaried employee stands with overtime.
Read MoreIowa Code Chapter 558A is Iowa's Real Estate Disclosure Act. It requires persons interested in transferring real estate to deliver a written disclosure statement to prospective buyers. The disclosure statement must include certain information about the condition and important characteristics and structures on the property.
Read MoreSome organizations require their employees to be active on social media as part of the employer's branding, marketing, or whatever. So should employees be paid for such work, given that it benefits the employer and cuts into the employee's free time?
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Read on to learn about the expansion of Iowa’s Dram Shop Law.
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Noncompetes are no joke. We’ll dive into the importance of these documents.
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Proving the liability of your personal injury case is not enough—you’ll also want to include medical evidence to strengthen your case.
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We’ve recently encountered some confusion concerning the type of information that an employee is required to provide as part of requesting a reasonable work accommodation under the Americans with Disabilities Act. We’ll investigate this deeper.
Read MoreWe provide an in-depth review of the United States Supreme Court’s interpretation of federal pregnancy discrimination law.
Read MoreWhen people think about personal injury or wrongful death claims regarding nursing homes, falls, malnutrition, medication errors, choking, and abuse by staff and other residents come to mind. But burns are also a significant issue for nursing home residents. A nursing home facility's duty to protect its residents includes an obligation to prevent injuries or death caused by burning.
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