Dickinson, Mackaman, Tyler & Hagen, P.C.

699 Walnut St., Suite 1600
Des Moines, Iowa 50309, United States

Contact: Aimee Oakley-Runyan, Business Development Director

  • 515-244-2600
  • 515-246-4550

Social Media Policies for Employers: A Few Notes on the NLRA

In a December 9 post on Erickson’s Social Networking Law Blog, Dickinson attorney Megan Erickson discussed recent action by the National Labor Relations Board, pointing out that employees’ Facebook posts or other online…more
| Communications & Media Law, Constitutional Law, Labor & Employment Law, Science, Computers, & Technology

NLRA May Protect Your Employees' Facebook Rants (Regardless of Union Status!)

The National Labor Relations Board recently accused an employer of engaging in unfair labor practices when it fired an employee who complained about her supervisor on her personal Facebook page. Although this complaint has…more
| Communications & Media Law, Constitutional Law, Labor & Employment Law, Science, Computers, & Technology

Death of a Family Member Ends One Kind of FMLA Leave, But May Begin Another

The Family and Medical Leave Act does not mandate or protect funeral or bereavement leave, but employers who deny leave and terminate an employee shortly after the death of a family member are itching for a fight. See what the…more
| Labor & Employment Law

Iowa Minimum Wage and FLSA: Spoerle Decision Suggests Iowa Employers Check Their Application of “Hours Worked” Standards

If a collective bargaining agreement expressly excludes donning and doffing from hours worked, can the “collective bargaining” exception under the FLSA preempt a Wisconsin state law that does not contain an equivalent exception?…more
| Labor & Employment Law

Intermittent FMLA Leave May Not Be a "Blank Check"

Intermittent FMLA leave can be a complicated issue for employers and often seems like a "blank check" for FMLA leave. Intermittent FMLA leave can also create confusion as to the ability of an employee to perform the essential…more
| Labor & Employment Law

Taxation of Terminations, Settlements and Judgments

Unless specifically exempted, every employer making payment of wages to an employee is required to withhold Federal income taxes and to pay such withheld taxes to the United States Treasury. IRC § 3402(a)(1). The term “wages” is…more
| Labor & Employment Law, Taxation

We ARE Family: A DOL Interpretation Simplifies an FMLA Issue for Iowa Employers

No, we are not talking about the Sister Sledge song; rather, the Wage and Hour Division of the Department of Labor recently issued an interpretation clarifying who may take leave under the FMLA to care for a son or daughter,…more
| Labor & Employment Law

FLSA Fashion: DOL Administrator’s Interpretation of “Changing Clothes”

It may seem odd, but what constitutes “clothes” and “changing clothes” matters under the Fair Labor Standards Act. Section 3(o) of the FLSA says time spent “changing clothes” at the beginning or end of the workday does not have…more
| Labor & Employment Law

US Supreme Court Issues Opinion in Quon Sexting Case

The United States Supreme Court ruled today that a public employer’s search of sexually explicit text messages on a police officer’s employer-issued pager did not constitute an illegal invasion of privacy. The Court overturned…more
| Communications & Media Law, Labor & Employment Law, Science, Computers, & Technology

LLC Buy-Sell Provisions Should Cover a Change in Control

Under the new Iowa LLC Act, transferees of membership interests do not become members of the LLC without the consent of all of the other members. See Iowa Code Sections 489.401 and 489.502. But what happens if a member who is…more
| Business Organizations

Arbitration: Employers - Caveat Emptor

In the past, some employers put clauses in employment agreements – even at-will employment agreements for some lower-level employees – requiring the arbitration of all “disputes” between an employee and an employer. That gained…more
| Labor & Employment Law

Arbitration: Employers - Caveat Emptor

In the past, some employers put clauses in employment agreements – even at-will employment agreements for some lower-level employees – requiring the arbitration of all “disputes” between an employee and an employer. That gained…more
| Labor & Employment Law

Final GINA Regs Delayed; GINA & Social Media Considerations for Employers

Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) makes it illegal to discriminate against employees or applicants because of genetic information. It prohibits using genetic information to make…more
| Labor & Employment Law

OSHA Publishes Proposed Rulemaking to Prevent Injuries from Slips, Trips and Falls on Walking-Working Surfaces

The U.S. Department of Labor’s Occupational Safety and Health Administration announced its plans to require improved worker protection from tripping, slipping and falling hazards on walking and working surfaces in a notice of…more
| Labor & Employment Law

Estate Tax Planning for Persons with Health Challenges

Because the federal estate tax is scheduled to be reinstated beginning in 2011 at a hefty 55 percent for individuals with assets exceeding $1,000,000, many people will have significant exposure to estate tax liability. The use…more
| Wills, Trusts, & Estate Planning
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