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William Boatwright

Private Foundations May Grant Disaster Relief to Individuals

Unlike public charities, private foundations are generally required to seek prior IRS approval before making grants to individuals, such as scholarships and other awards for specific objectives. If unauthorized distributions to…more

Internal Revenue Code (IRC), IRS, Private Foundations, Qualified Disaster Relief Payments

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Scott Brennan

Preliminary Results from Election Night 2020

This was written at 9:30am CST on November 4 before the result of the Presidential race is known and with several US House and Senate races still undecided. Iowa has results at the federal and state level but it remains to be…more

Election Results, General Elections, Presidential Elections, State Elections

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Lori Chesser

Electronic H-1B Petitions Available Soon

U.S. Citizenship and Immigration Services (USCIS) is expanding its electronic filing access to encompass all H-1B filings. This includes H-1B “cap” or “lottery” registrations and “non-cap” petitions through the rollout of…more

Electronic Filing, Employer Liability Issues, Foreign Workers, H-1B, Highly-Skilled Workers Visa

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Denise Claton

Employers Find Relief in USCIS H-1B Lottery Announcement

The U.S. Citizenship and Immigration Service (USCIS) announced that the 2021 H-1B lottery will be based on a random ranking and not the recently published wage-based ranking. The USCIS confirmed they are pushing back the…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS

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Tyler Coe

Call and Wait: What is a Conflict Check?

You decide you want a divorce, or your spouse tells you they want a divorce. You are served divorce papers from a process server or law enforcement. You want help now. You do not want to wait. Folks dealing with divorce…more

Attorney Malpractice, Conflicts of Interest, Divorce, Law Firm Partners, Marriage

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Elizabeth Coonan

Expired List B Documents No Longer Permitted to Satisfy I-9 Obligations

Earlier this month, the Department of Homeland Security issued an announcement indicating that beginning May 1, 2022, employers will no longer be permitted to accept expired List B documents in satisfaction of the employer’s…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

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Timothy Coonan

Iowa General Assembly – Legislative Session Week 14

The legislature picked up the pace in week 14 as a real push toward the end of session began. The House and Senate spent extensive time on the floor, working to clear their calendars—which included several controversial…more

General Assembly, Income Taxes, Legislative Agendas, New Legislation, Proposed Legislation

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Steffi Lee Dwyer

Federal Contractors and Social Media Platforms

Some social media platforms (SPMs) can be entertaining, but they can also be illegal...if you’re a federal contractor. In late 2022 as part of a larger budget bill, Congress passed the No TikTok on Government Devices Act…more

China, Employer Liability Issues, Employer Responsibilities, Federal Acquisition Regulations (FAR), Federal Bans

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Kacy Flaherty-Tarpey

Employee Staycation - PTO Policies in the Age of COVID-19

Throughout 2020, employers have faced uncertainty and challenges due to the COVID-19 pandemic. While employers should prepare to adapt to any changes the pandemic presents, there are additional challenges that will arise…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Time Off (PTO), State Labor Laws

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Sarah Franklin

Kentucky: Governor Beshear Halts Vehicle Property Tax Increase, Proposes Sales Tax Cut

Kentucky Governor Andy Beshear issued an executive order on February 16, 2022 intended to stop an increase in vehicle property taxes for 2022. Used car values in Kentucky have risen approximately 40% since last year, from $8,006…more

Motor Vehicles, Personal Property Tax, Sales Tax, SALT, State Taxes

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Susan Freed

Ep. 32 – An Easy Audit Tip to Help Avoid Overpayments

Looking for a simple, easy-to-implement way to lower your risk of overpayments? We have one on this week’s podcast!…more

Compliance, Health Care Providers, Home Health Care, Hospice, Medicare

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Sydney Gangestad

Majority of New Iowa Laws Effective July 1, 2024

In Iowa, 188 bills and resolutions were passed in the 2024 session of the 90th General Assembly (the Governor vetoed one bill, HF2539 regarding open records; see the veto letter for more information). The majority of those new…more

General Assembly, Legislative Agendas, New Legislation, Proposed Legislation, State and Local Government

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Michael Gilmer

Kentucky: Governor Beshear Halts Vehicle Property Tax Increase, Proposes Sales Tax Cut

Kentucky Governor Andy Beshear issued an executive order on February 16, 2022 intended to stop an increase in vehicle property taxes for 2022. Used car values in Kentucky have risen approximately 40% since last year, from $8,006…more

Motor Vehicles, Personal Property Tax, Sales Tax, SALT, State Taxes

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Katie Gral

Consumer Financial Protection Bureau issues interim final rule requiring debt collectors to provide affirmative notice of the CDC Eviction Order to tenants in pursuing nonpayment evictions

On April 19, 2021, the Consumer Financial Protection Bureau (CFPB) issued an Interim Final Rule and press release in support of the Centers for Disease Control and Prevention Order, which temporarily halts certain residential…more

Centers for Disease Control and Prevention (CDC), Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Debt Collection, Debt Collectors

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Tara Hall

Resident, Dependent Adult, and Older Individual Act Summary

On July 1, 2022, Iowa’s first broad elder abuse criminal law went into effect after being passed by the Iowa House and Senate unanimously. The Act is entitled “Resident, Dependent Adult, and Older Individual Protection Act.” The…more

Elder Abuse, Elder Issues, Exploitation, Fraud and Abuse, Neglect

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Maggie Hanson

#MeToo Message Received: Congress Nixes Arbitration Clauses

Viewed as a risk mitigation tool, arbitration clauses are included in employment contracts and policies to route employer/employee disputes to a private forum and outside of the courthouse. Employers are attracted to such…more

#MeToo, Anti-Harassment Policies, Complaint Procedures, Employer Liability Issues, Employment Policies

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Shannon Holmberg

Zoombombing, Location Tracking, and Contact Tracing, Oh My! Data Privacy & Cybersecurity During the COVID-19 Pandemic

Throughout the COVID-19 pandemic, many businesses have implemented work from home policies to allow their business to remain in operation. As part of this effort, videoconferencing has become a common form of communication for…more

Contact Tracing, Coronavirus/COVID-19, Cyber Attacks, Cybersecurity, Data Privacy

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Thomas Houser

Election Results: Tax Reform on the Horizon?

Last week’s election results have raised a number of questions about tax reform or repeal and the impact of such legislation upon your estate plan. It’s too early to tell how this will shake out. Nonetheless, below are the…more

Estate Planning, Political Parties, Tax Reform, Transfer Taxes, Trump Administration

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Katelynn McCollough

It’s All in the Job: Iowa Supreme Court Clarifies Employee’s Burden of Proof in Disability Discrimination Actions

The Iowa Supreme Court’s recent decision in Rumsey v. Woodgrain Millwork, Inc., et. al provides needed clarity in what the court described as the “murky” intersection between workers’ compensation and disability discrimination…more

Burden of Proof, Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Megan Moritz

Employers Must Observe Strict Hour Restrictions for Young Teens or Face Steep Penalties

Businesses employing young teens should ensure compliance with strict work-hour limits or face significant fines from the US Department of Labor (“DOL”) under the Fair Labor Standards Act (“FLSA”) and its implementing…more

Child Labor, Department of Labor (DOL), Employer Liability Issues, Employment Litigation, Employment Policies

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Gary Myers

Iowa Real Estate Transactions and COVID-19

Below is the latest information regarding the effect that the COVID-19 pandemic is having on real estate transactions in Iowa. Foreclosures: All residential, commercial, and agricultural foreclosure and forfeiture proceedings…more

Business Closures, Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure

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Kailey Blazek Naranjo

H-1Bs – Caps, Gaps, and Status

Q: When can I start working in H-1B status? A: Registrants in the fiscal year (FY) 2024 lottery cannot begin employment until October 1, 2023…more

F-1 Visa, Filing Requirements, Foreign Workers, H-1B, Highly-Skilled Workers Visa

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John Pietila

Can I Keep PPP Money? Should I? SBA Clarifies

On May 13, the Small Business Administration (SBA) issued additional guidance concerning its implementation of the Paycheck Protection Program (PPP), specifically, the required certification that loan recipients have a true need…more

CARES Act, Certification Requirements, Coronavirus/COVID-19, Federal Loans, Good Faith

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Joni Ploeger

A Win for Iowa Workers’ Compensation Employers and Insurance Companies: Combined Shoulder and Upper Extremity Injuries are Limited to the Schedule

The debate about shoulders and industrial disability has come to an end for now with the Iowa Supreme Court’s most recent decision, Bridgestone Americas, Inc. v. Anderson. The Court held that a work injury causing injuries to…more

Employer Liability Issues, Human Resources Professionals, IA Supreme Court, Workers Compensation Awards, Workers' Compensation Claim

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Sean Raisch

Conflict over Emotional Support Animals - What are landlords to do?

On June 30, 2020, the Iowa Supreme Court rendered a decision in Karen Cohen v. David Clark and 2800-1 LLC, an emotional support animal (ESA) case, involving one tenant in need of an ESA and another tenant with severe pet…more

Appeals, Covenant of Quiet Enjoyment, Dismissals, Emotional Support Animals, IA Supreme Court

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Michael Richards

Do I Have a Valid Business Interruption Insurance Claim for COVID-19 Related Losses?

Almost every business and industry has been impacted by the COVID-19 pandemic. Mandatory closures, shelter in place orders, travel embargoes, and disruption in manufacturing supply chains are just a few examples…more

Business Closures, Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Loss Coverage

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Kassandra Ricklefs

Long Term Care Facilities and Music Licensing

The ability to play music for residents of a long-term care facility can be important to their enjoyment of life and overall happiness. However, the facilities must be aware of the copyright laws and the rights of others when…more

Copyright, Copyright Infringement, IP License, Long Term Care Facilities, Music

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Jason Ross

Coronavirus Commercial Concerns - Supply Chains and Sources, Insurance, and More

Over the last few years, some commercial businesses have struggled with Chinese supply chains and vendors under the threat of U.S. tariffs. Now, businesses need to think about and strategize their supply chains and vendor…more

China, Commercial Insurance Policies, Coronavirus/COVID-19, Force Majeure Clause, Risk Assessment

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Kate Simon

Child Custody in Iowa: Three Tips For Showing The Emotional Ability To Care For Your Child

When determining child custody, Courts must weigh all factors based on what the judge feels is in the “best interest of the minor child.” Often, it can feel ambiguous in knowing how a judge may rule under this standard, but I’ve…more

Child Custody, Co-Parenting, Custody, Divorce, Minor Children

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Christopher Talcott

Commercial Leases & COVID-19

Iowa Orders - In March, Governor Reynolds issued proclamations intended to provide relief for residential evictions and leases: ..March 20, 2020 - suspended residential evictions and lease terminations because of…more

Commercial Leases, Contract Terms, Coronavirus/COVID-19, Eviction, Executive Orders

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Deborah Tharnish

Antitrust Concerns for Employers

In July of 2021, President Biden issued Executive Order 14036, which affirmed the executive branch’s policy to enforce antitrust laws. Two aspects of the Order relate directly to employment law..…more

Antitrust Division, Antitrust Provisions, Biden Administration, Competition, Corporate Counsel

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Courtney A. Strutt Todd

PPP Loan Applications Reopen January 11

The Small Business Administration and Department of the Treasury announced plans to reopen Paycheck Protection Program loan applications starting with community financial institutions on Monday, January 11. The bill…more

CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Financial Stimulus, Loan Applications

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Elizabeth Van Arkel

Divorce Gate -The Deflation of Marriage

Despite any last-minute Hail Mary attempts, Tom Brady and Gisele Bundchen officially ended their 13-year marriage. It appears to have been an amicable split and the couple has miraculously finalized their case in record time…more

Child Support, Child Visitation, Divorce, Florida, Marital Assets

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Jana M. Weiler

Will Signing During COVID

COVID has caused a lot of changes in our everyday lives and is changing the way many of us do business. While many things can be done remotely by telephone or over video-chat, certain tasks are best accomplished in person…more

Coronavirus/COVID-19, Digital Signature Standards, Estate Planning, FaceTime, Notarization

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Jo Ellen Whitney

HR Quick Take: FMLA

Q: I have an employee on FMLA and I’m not certain how to count holiday leave…more

Employee Benefits, Employer Liability Issues, Employment Policies, Family and Medical Leave Act (FMLA), Human Resources Professionals

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Spencer Willems

Factors Employers Should Consider as the EEOC Revises COVID-19 Testing Guidance

COVID-19 is here to stay – it’s a matter of learning to live with it. As employers learn to operate with the reality of COVID in the workplace, the EEOC has updated its guidance on when employers can and cannot implement COVID…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues

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Breanna Young

Protecting and Empowering LGBTQ+ Iowans in Times of Legal Uncertainty

Recent years have seen an unprecedented rollback of many hard-won civil rights for LGBTQ+ Iowans at the state and federal levels. There are several ways LGBTQ+ Iowans can protect and empower themselves and their loved ones…more

Adopted Children, Adoption, Civil Rights Act, Estate Planning, Gender Identity

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