Many employers provide incentives to their employees to stay healthy and active and the benefits are clear—a healthier workforce is a more productive workforce, it reduces an employer’s healthcare liability, and boosts job satisfaction.  However, with the introduction of the wearable fitness technology revolution, employers need to be aware of the potential legal impact this... View Post

Author:  Taylor H. Fouser While not your average citizen, employers and employees can learn a valuable lesson from Hillary Clinton’s e-mail fiasco that came to light earlier this year.  Throughout her tenure as Secretary of State, Clinton chose to conduct government business from both her official government e-mail account and her own personal account.  No... View Post

September 9, 2015 Telecommuting means working from home and communicating via telephone, e-mail, or some other form of electronic media.  Telecommuting has many advantages.  For example, it enables people to work from home when they are ill, to avoid extensive commutes, and to check in at the office from elsewhere.  Telecommuting can certainly benefit employees,... View Post

The distinction between an employee and an independent contractor is becoming more and more important as employee entitlements grow, such as with legally mandated minimum wage, overtime pay, workers’ compensation and family and medical leave.  Recently, the Idaho Department of Labor and the U.S. Department of Labor (the “Department”) signed an agreement to coordinate and... View Post

In 1964 Bob Dylan wrote, “[t]he line it is drawn, the curse it is cast. The slow one now, will later be fast. As the present now, will later be past . . . For the times they are a-changin’.” In light of evolving marijuana laws, this message of change now seems truer than ever.... View Post

In Obergefell v. Hodges, the U.S. Supreme Court has declared that marriage is a fundamental right afforded to both heterosexual and same-sex couples. Before Obergefell, laws regarding same-sex marriage were inconsistent. Depending on where they lived, same-sex couples had access to civil unions, domestic partnerships, marriages, or none of the above. Some states recognized some... View Post

Same-sex marriage is a hot legal topic these days. In the last decade, significant changes in the law surrounding the legal rights of same-sex couples have occurred adding new obligations to employers. One such change happened in February of 2015, when the Department of Labor issued its final rule amending the definition of “spouse” under... View Post

On June 1st, the Supreme Court decided Equal Employment Opportunity Commission (EEOC) v. Abercrombie & Fitch and held that companies cannot make employment decisions based on workplace rules if those rules are contrary to the religious beliefs of an employee or applicant. In 2008 in Tulsa, Oklahoma, the clothing store Abercrombie & Fitch declined to... View Post

In our October blog, we alerted employers to updated guidelines issued by the Equal Employment Opportunity Commission (EEOC) regarding pregnancy discrimination in the workplace. Recently, however, the Supreme Court in Young v. United Parcel Servicedeclined to follow those guidelines and created a new framework through which pregnancy discrimination claims are analyzed. See Young v. United Parcel... View Post

Alternative work schedules are arrangements that allow employees to vary their hours, work from home more, and generally have more flexibility, but they do not decrease the total number of hours an employee is required to work.  These types of schedules are becoming increasingly popular over the last several years.  There are good reasons for... View Post

To pay or not to pay? That’s the question when it comes to business-related travel time for nonexempt (hourly) employees.  Here are the most important rules to remember. Home-to-work travel:  Under the Fair Labor Standards Act (FLSA) and the Portal-to Portal Act (an amendment to the FLSA), regular travel to and from work does not... View Post

As of April 1, 2015, 23 states and the District of Columbia have legalized marijuana use for medical purposes.  Four states, Washington, Oregon, Colorado and Alaska, have also legalized marijuana for recreational purposes.  Marijuana use for any purpose is currently illegal in Idaho.  However, on April 6, 2015, the Idaho House of Representatives voted 39-30... View Post