Category Archives: Employment Law

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Vote ‘Yes’ to Renovate and Update Polk County Courthouse

I generally try to stay away from politics on this blog but there is an important vote on November 5th regarding Measure A:  The Polk County Public Safety Judicial System Bond. I encourage you to vote ‘Yes" for this measure. Our Polk County Courthouse has been in use for over 100 years. While it is … Continue Reading

How to Deal with Partner Disputes

 I saw an interesting article on the LexBlog Network regarding how to deal with partner disputes. The post written by Texas restaurant lawyer, Matthew Sanderson, dealt specifically with restaurants, but the information contained in the post is applicable to any business. Sanderson recommends the following when a dispute occurs: Avoid the conflict by identifying motivators … Continue Reading

Iowa Business Law Services: Rush on Business Companion Web Site

 I am very happy to announce my new companion Web site to go along with this blog at www.iowabusinesslawservices.com. The site will feature information on my legal practice areas, a simple way to submit information for formation of a new corporation or LLC and also a video resources section with tips on business and franchise … Continue Reading

Lesson # 3 From Hard Luck Franchisees: Franchisor Reservation of Rights to Sell or Transfer Business

This is Lesson #3 in a five-part series on the top reasons I’ve seen franchisees fail.  Tucked away in nearly every franchise agreement is a provision that very few franchisees consider when they are purchasing a franchise business. The provision I am referencing gives a franchisor the right to sell or transfer its business to … Continue Reading

Iowa Supreme Court Rules Employer Can Fire Woman Because She’s Too Attractive

Happy New Year everyone! The first blog post of the year centers on a controversial Iowa Supreme Court decision handed down right before the holidays. In Nelson v. Knight, the Iowa Supreme Court was presented with the question whether a male employer could terminate a female employee because the employer’s wife, due to no fault … Continue Reading

Employers Should Consider Policies on Ownership of Social Media Accounts

Daniel Burnick of the Alabama Employment Law Report has an interesting post on a case involving a disputed Twitter account where the employee left his employment, changed his Twitter account name and then kept all the followers he had with his former employer. In Kravitz v. PhoneDog, Kravitz used @phonedog for his Twitter account while … Continue Reading

IASourceLink is an Online Resource Tool For Iowa Small Businesses

IASourceLink.com is a new online resource available to help small business owners and entrepreneurs across Iowa. I haven’t had a ton of time to explore the site but I impressed with the information available on my initial review. One neat feature is the Iowa Business Concierge service available in collaboration with MyEntre.Net. The business concierge … Continue Reading

Be Aware of Independent Contractor Misclassification

 In my last post I shared my ABI Quick Bits Interview on Wage & Hour Lawsuits. In that interview I discussed how I often hear employers reference "1099 employees". I cautioned that you should make sure not to confuse independent contractors and employees. They are separate worker classifications and it’s important the your workers are … Continue Reading

ABI Quick Bits: Wage and Hour Lawsuits

  I recently sat down for an interview with Leisa Fox of the Iowa Association of Business & Industry to discuss wage and hour lawsuits. For a blog post I wrote on the topic see here. Be sure to check out the other Quick Bits videos on a variety of business topics from ABI.… Continue Reading

Rush Nigut to Speak at ABI Social Media Roundtable

Rush Nigut of Brick Gentry, P.C. will be one of the featured speakers at the Iowa Association of Business and Industry’s Social Media Roundtable on November 14, 2012 at the Honey Creek Lodge Resort. Rush will deliver the keynote general session presentation on New Developments and the Future of Social Media. He will also lead … Continue Reading

Supreme Court Upholds Affordable Care Act

Yesterday the United States Supreme Court upheld, in a 5-4 decision, the constitutionality of the individual mandate under the Affordable Care Act. I am no expert on the act and I have not had time to closely review the decision. Consequently, I suggest you do what I am doing and go read some of the … Continue Reading

Employee Wage Misclassification Should Be Taken Seriously

Last December I wrote about how an employee wage misclassification case cost Oracle $35 million. The question about whether an employee is exempt v. non-exempt is often misunderstood by employers. Often, employers want to avoid paying overtime to employees.  So employers will play a game of Russian roulette by paying those workers a salary instead … Continue Reading

Business Succession Planning Seminar

Over the years I’ve noticed that very few businesses actually plan for selling or passing on their business to employees or family. It’s one of the most important things any business owner can do. I’ve teamed up with business coach Monte Wyatt to provide a free seminar to business owners on business succession planning. The … Continue Reading

Iowa Creativity Summit March 1st at Drake University

Lawyers are not immediately recognized as the most creative souls on the planet but some of the best lawyers I know definitely have the the creative spark. I have seen many who were classic doodlers, photographers and painters. Some of them were also the most creative in the courtroom and ultimately very successful in winning cases. That’s why I am … Continue Reading

Employers: Are you Protecting Your Intellectual Property Rights?

Jason Shinn of the Michigan Employment Law Advisor had a great post entitled "Is your company making this mistake when it comes to employees and intellectual property?" The post centers on a lawsuit filed by an employee of Marvel Entertainment who claimed he created the Ghost Rider character back in the 1970s. With the recent success of … Continue Reading

Rush on Business You Tube Channel on the Air!

I am pleased to announce that I now have a Rush on Business You Tube Channel where I’ll post short videos on various aspects of business and franchise law. I have a few videos posted so far and I’ll add content weekly. New videos include: Should You Include Your Spouse When Forming a Small Business LLC? … Continue Reading

Employers & Social Media: NLRB 2nd Report Concerning Social Media

Jon Hyman wrote on his Ohio Employer’s Law Blog that the NLRB has issued a 2nd report on social media as protected concerted activity.  If you are an employer considering discipline or termination of an employee resulting from social media activity you need to be very careful. Jon points out: This report underscores that employees’ use of social media … Continue Reading

A Post I Wish I Had Written: For All the Clients that Hate Lawyers

Over the last 5 years that I have been writing this blog, there haven’t been many Iowa business lawyers who write a blog on a regular basis. But when I was looking at Mike Colwell’s Startup Models site, I noticed a new blog from business lawyer Chris Sackett of Brown Winick called BizB4Law. Chris wrote a … Continue Reading

Wage and Hour Misclassification Costs Oracle $35 million

In my experience, wage and hour issues are often misunderstood by employers. Employers often treat employees as "exempt" in order to avoid paying the overtime owed to "non-exempt" employees. As a plaintiff’s attorney said in one of my previous blog posts on the subject: "I can hit a company with a hundred sexual harassment lawsuits, and it will … Continue Reading

Social Media Legal Policies & Training Workshops

One of the things I love the most is providing proactive educational workshops to companies and other organizations.  Due to the ever-growing interest in the topic, I am pleased to announce that I am now offering a new legal training workshop for businesses, large and small, regarding social media. A custom workshop will be designed for your business to cover the following topics: Overview of Social Media, … Continue Reading

Alternative to Employee Equity and Stock Options

With emerging companies I am often asked about equity and stock options for employees. That process is often complicated and costly. Usually the reason I hear favoring the equity / options approach is that employers want their employees to "feel like they are a part of something." An admirable goal ineed but are equity /options necessary to … Continue Reading

NotifyWorks Launches Web Site

Our new startup company, Notifyworks, Inc. has officially launched its Web site today. You can check it out at www.notifyworks.com. The site also contains a blog which will cover client relations and legal technology issues. Notifyworks is a software system that allow you to set up proactive notifications to clients that are timed to automatically go out in … Continue Reading

NLRB to Require Posters Regarding Union Rights

Once a mainstay of this blog, I have not written about employment law for quite some time. Since my franchise law practice has grown over the past few years, I’ve left it to Matt Brick from Brick Gentry to handle employment law issues in the office.  On the blogging side there are many great employment law blogs to … Continue Reading
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