The "Home Worker" Rule In Federal Overtime Cases

An issue that occasionally comes up in federal overtime cases concerns employees who either work from their home or actually live on their employer's premises. Examples of such employees are emergency workers, dispatchers, canine officers, and workers at group homes and the like.

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Harley Erbe
Controlled Substance Exclusions In Accidental Death Policies

Certain types of insurance policies, normally called "accidental death" policies or something similar, provide benefits if the person insured under the policy dies in an accident. Those policies often include exclusions or limitations on coverage that apply under certain circumstances. One common exclusion or limitation eliminates coverage if the deceased insured had drugs or alcohol in their system at the time of death.

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Harley Erbe
It's Time To Stand Up To Mechanic's Lien Abuse In Residential Construction

Several changes were made to Iowa's mechanic's lien law beginning January 1, 2013 in an effort to protect residential owners from encountering such situations. The changes included new notification requirements imposed on builders and general contractors working with residential owners. The failure to comply with either notice requirement is a forfeiture of the right to assert a mechanic's lien against residential property.

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Harley Erbe
The Illegality Of "Blanket Exclusions" Under Iowa And Federal Disability Discrimination Law

Employers cannot make assumptions about disabled employees, regardless of whether such employees come under the "actually disabled" category or are instead "perceived" or "regarded as" disabled. Any employment decisions made because of an employee's disability can only occur after a full review of the employee's individual circumstances, which often includes a medical analysis.

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Harley Erbe
Removal Of An Executor Or Administrator Of An Estate

Iowa Code 633.65 provides that a court may remove executors or administrators of an estate if they cease meeting the statutory qualifications for serving as an executor or administrator, have mismanaged the estate, have failed to perform any duty imposed by law or by any lawful order of court, or cease to be an Iowa resident

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Harley Erbe
The Requirement Of An "Acceptance" To Create A Binding Contract

There are several requirements that must be met for there to be a binding contractual agreement between two parties. One of the requirements is that one party must offer to do something in exchange for something that the other party agrees to do (the "consideration"). That other party must then accept that offer to create a binding contract.

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Harley Erbe