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Wellness Programs Catch E.E.O.C.’s Attention

Employers who offer wellness programs to their employees should be aware that the Equal Employment Opportunity Commission may challenge a program if it penalizes an employee for non-participation or requires an employee to provide confidential medical information. The E.E.O.C. has filed two lawsuits since August 2014 related to wellness programs. In one, the E.E.O.C. claims Continue reading

Independent Contractors Not Protected by ADA, ADEA, and FMLA

Larry Alexander v. Avera St. Luke’s Hospital, No. 13-2592 (8th Cir. 2014) The United States Court of Appeals for the Eighth Circuit recently ruled that independent contractors are not protected by the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and the Family and Medical Leave Act (“FMLA”). Instead, these statutes Continue reading

Small Estate Affidavit Allows Institutions to Transfer Property to Survivors With Ease

Financial institutions regularly confront questions on how to distribute property following the death of an account holder. A handy Iowa law creates a simplified procedure for property distribution where the decedent has a small estate. In short, the successor in interest to the decedent’s property may present a Small Estate Affidavit to the financial institution Continue reading

Facebook Posts Pose Challenges for Employers

Employers continue to face challenges from employees’ use of online forums to voice criticisms – even using vulgar language – as seen by a recent National Labor Relations Board decision. The owners of Triple Play Sports Bar terminated two employees for participating in a Facebook discussion with a former employee.  The discussion involved claims that Continue reading

Telecommuting as a Reasonable Accommodation

Employers may face a growing need to consider telecommuting as a reasonable accommodation under the Americans with Disabilities Act, according to a recent federal court opinion. In E.E.O.C. v. Ford Motor Co., 752 F.3d 634 (6th 2014), the Sixth Circuit Court of Appeals observed that communications technology has advanced to the point where it is Continue reading

Security Screens May Breed Insecurity

Employers who conduct employee security screens or are considering doing so should be aware of potential ramifications under the Fair Labor Standards Act.  The United States Supreme Court currently is reviewing whether time spent undergoing security screenings constitutes compensable hours worked.  If the answer is “yes,” employers who require their non-exempt employees to pass through Continue reading

U.S. Supreme Court Defines “Changing Clothes” Under FLSA

The United States Supreme Court recently ruled (Sandifer v. U.S. Steel Corp., No. 12-417 (US 2014)) that time spent donning (putting on) and doffing (taking off) protective gear fell within the meaning of “changing clothes” of the Fair Labor Standards Act (“FLSA”) and was thus noncompensable time pursuant to a collective bargaining agreement.

Federal Estate Tax Filing Deadline Extension Provides Valuable Opportunity for Surviving Spouses – Full Article

The federal estate tax exemption amount establishes a maximum limit on the value of assets an individual can pass to non-spouse and non-charitable recipients without incurring federal estate tax liability.  Although the federal estate tax exemption amount has changed frequently over the years, one constant has been the rule that the federal estate tax exemption Continue reading

Federal Estate Tax Filing Deadline Extension Provides Valuable Opportunity for Surviving Spouses

This is an abbreviated version of a longer article which can be found here. IRS Revenue Procedure 2014-18, issued on January 27, 2014, grants an extension of the federal estate tax portability provisions to the estates of all decedents who: • died during calendar year 2011, 2012, or 2013; • left a surviving spouse; and Continue reading

Red Giant Settlements – Part 1

Don Thompson, Chair of Bradley & Riley PC’s Construction Law Practice Group recently testified as an expert witness on behalf of the purchaser of a large apartment complex in West Des Moines, IA. The purchaser bought the complex before the owner-developer had completed the construction of the project. The purchase price was approximately $21 million. Continue reading