A new program from the non-profit Iowa Foundation for Microenterprise and Community Vitality (IFMCV), will provide a statewide mechanism for Iowa’s microentrepreneurs to connect with community development agencies for assistance. Among the groups spearheading the effort are the Greater Des Moines Community Foundation and the Community Vitality Center (CVC), a policy analysis center based at Iowa State University. The program specializes in providing loans of $35,000 or less to small businesses.

State legislators are considering ways to fund microenterprise assistance programs that would be offered through the Iowa Department of Economic Development. An appropriations bill now under consideration would provide $500,000 to fund a microenterprise specialist at the IDED and begin a microloan program, using unspent Grow Iowa Values Fund dollars.

These are exciting developments for the state’s small businesses which have long been ignored in Iowa. For more information please read this article from the Des Moines Business Record.

The Des Moines Register had an article about how support has poured in for a Pizza Hut Delivery driver that was suspended from work after he shot an alleged armed robber.  The employee had a valid handgun permit but a Pizza Hut human resources representative indicated that employees are not allowed to carry guns "because we (Pizza Hut) believe that is the safest for everybody."

I saw a clip where the delivery driver spoke with the TV media and he was obviously shaken by the incident.  He said he appreciated the fact his employer had given him the time off without automatically taking action against him. 

I know many readers on the Register blogs have been critical of Pizza Hut but they appear to be handling this difficult situation rather cautiously.  They have not terminated the driver at this time but rather have suspended the employee pending an investigation. 

Public opinion is definitely in favor of the driver.  Even a state senator has publicly stated his position that the company would be wrong to fire the driver and vows to stop buying Pizza Hut products if the driver is fired.  So this is a tough one for the company and there are no easy answers.  I don’t envy the employer’s position on this one. 

Ultimately I suspect the employer will enforce its policy but I will let you know as this unfolds.

photo on flickr by hashcakes.

 

 

 

Iowa’s first legal blog has moved to its own url at www.blawgit.com and new posts will no longer be available at its former blogger site. Iowa patent attorney Brett Trout has achieved remarkable success with his blog.  It is an award winning blog that provides tremendous information on patent, trademark and Internet law.

Brett is also the author of Cyber Law:  A Legal Arsenal for Your Online Business.  It’s a great desk reference that I highly recommend.

Brett also occasionally (I guess often) demonstrates his unique sense of humor.  This blog is a real treat and one of the best around so be sure to visit often. 

It’s no April Fool’s joke, the Iowa Secretary of State corporate biennial reports are due today, April 1, 2008.  If you have not filed your report be sure to do so today.  In Iowa, limited liability companies are also required to file the report.  If you file online the cost is $30.00 for the filing fee.  The cost is $45.00 if you file a paper report.

If you do not file your report a notice is generated and eventually your corporation will be administratively dissolved after the notice.  You can get your corporation or LLC reinstated but that will cost you additional time and effort.  You also cannot get reinstated unless you have paid all applicable state taxes.

So get your report filed today.  If you know your corporation # and pin # you can file the report by going to the following link:

https://www.sos.state.ia.us/BiennialReports/index.asp

 

Pennsylvania employment lawyer Michael Moore has an excellent post on Five Things Every HR Generalist Should Know about Retaliation Claims.  Michael notes that the number of retaliation claims rose 18% in 2007 to a record high, doubling since 1992.  His post covers the following areas:

  • What is unlawful retaliation?
  • What is "Adverse Action" by an employer?
  • What is "Protected Activity by an employee?
  • Promptly investigate comments & complaints regarding discrimination.
  • Monitor supervisors for adverse action following an employee complaint.

In my experience, employers are usually cognizant of discrimination and harassment claims. However, they are often blindsided by retaliation claims. The successful resolution of a discrimination or harassment complaint means you are only halfway home. Supervisors and employees must not retaliate against the employee who complained. This is especially important because of a United States Supreme Court decision lowering the burden for employees to show retaliation.

Here are some proactive measures employers can take in order to avoid retaliation claims:

  1. Make sure your employee handbook includes a policy prohibiting retaliation.
  2. Always have alternative reporting avenues.
  3. Conduct supervisor and management training on harassment, discrimination and retaliation. 
  4. Make sure supervisors and management have been asked the tough questions when it comes to employee discipline. Make sure the discipline has nothing to do with the complaints of harassment, discrimination or retaliation. 
  5. Periodically talk with the complaining employee to determine if anyone has retaliated against them. If performance is an issue for the employee be sure to bring this to the attention of the employee and make sure to document your conversations. Document! Document! Document!

As always, be sure to consult your employment lawyer for advice in specific situations.

On April 29th, Polk County voters will decide whether we should fix the security and safety problems with the current courthouse and to build a facility that is large enough to meet the current demands of Polk County residents.  Consider the following facts:

Overcrowding

  • The current courthouse was built 108 years ago.
  • The population of Polk County has increased by over 500% since the courthouse was erected.
  • The courthouse was originally built for 4 courtrooms and now consists of 27 courtrooms jammed into every nook and cranny.
  • More than 2,000 people enter the courthouse on average each day.
  • The number of cases has nearly doubled in the last 15 years and will double again in the next 22 years.
  • There are no meeting rooms in the courthouse for attorneys, litigants, witnesses, etc.  Lawyers are often forced to meet in the hallway and run the risk of being overheard by jurors.
  • Only 1 jury orientation room exists and it is woefully inadequate to hold all the jurors reporting on any given Monday.
  • No disablity accommodation exists at the main entrance.

Security

  • More people are arrested at the courthouse than any other place in Polk County.
  • No security cameras exist in the courthouse.
  • No baliffs or law enforcement exist in any of the courtrooms.
  • In 2007 deputy sheriffs received over 500 calls for assistance.
  • Prisoners, jurors, judges, attorneys and the general public all use the same corridors.
  • No temporary jail or holding cell exists at the courthouse.

Safety

  • The courthouse is not in compliance with fire codes.  No sprinklers, no fire detection, no fire stairwells, no smoke evacuation system, etc.
  • There is no adequate emergency power system.
  • There is a mold problem and ventilation is not adequate.
  • Rodent and infestation of cockroaches is a real problem.  So bad the basement has been abandoned.

For more information please visit www.buildingforjustice.com.  I encourage you to vote "Yes" for a new courthouse.  If the facts described above do not persuade you, I implore you to go down to the courthouse and spend some time.  Walk around.  Make sure you go on a Monday morning.  That will give you the best chance to observe the demands on our current courthouse.  The need for a better facility is unquestionable. 

 photo on flickr by Turtlemoon.

Forbes Magazine ranks Des Moines as the fourth best metro nationally for business and careers.  Iowa City ranked second in the smaller metro category.

Unfortunately for Iowa we also apparently rank first in the nation for corporate tax rates (and I don’t mean in a good way).

But the tie breaker is that we are cool.  We always got that going for us.

Des Moines attorney Charles Kenville has a great post on the need for lawyers to be mindful of the new media exposure in their cases.  Chuck has a criminal law bent to his post but his reminder is just as true for civil cases.

I know from experience that savvy businesses are acutely aware of blogs and other social media in their trial preparation.  In particular, Microsoft did a great job a staying in contact with Des Moines patent attorney Brett Trout and I when the Microsoft-Iowa litigation was going full steam.  But the plaintiffs were not to be outdone.  We routinely received updates from the plaintiffs’ public relations team as well.

The bottom line is that lawyers engaging in trial law today ignore blogs and social media at their peril.  Learn how to read RSS feeds to stay on top of pretrial publicity.  You will be glad you did.

West Des Moines, Iowa business and corporate attorney Rush Nigut of Brick Gentry P.C. has set up an affordable service targeted directly for individuals who are considering buying a franchise business. He routinely counsels clients through the franchise process. His franchise clients include business owners in financial services, hair salons, dry cleaning, real estate, fitness centers, auto body, postal and package services, retail services, tutoring services, restaurants, and more. Rush also serves as outside general counsel for the franchise business after a purchase to assist those clients with a need for corporate legal advice but who may not necessarily want to pay the expense of having a lawyer on staff. His experience also includes work for national franchisors. He has represented franchisors in business and litigation matters in the State of Iowa. Rush is also available to guide those business owners who may be interested in starting their own franchisor operations.

Rush has expertise in the review of Disclosure Documents and Franchise Agreements for potential franchisees. For an affordable flat fee, Rush’s franchise business review includes:

  1. Review and analysis of DIsclosure Document to make sure it complies with applicable state and federal laws. This review includes an overview of potential legal issues to consider in your decision making process and whether the franchise is right for you.
  2. Review and analysis of the proposed Franchise Agreement with an overview of the important legal issues to consider in your decision making process. His analysis will also point out certain applicable Iowa franchise law provisions which are typically not found in the agreements presented by out-of-state franchisors. He will assist you in identifying areas for negotiation with the potential franchisor. It is a common misperception that franchisors do not negotiate terms. In fact, many franchisors are willing to negotiate certain terms with franchisees.
  3. A written report of his findings concerning the Disclosure Document and the Franchise Agreement.

Rush is also available to assist you in the formation of a new business entity including the determination of the appropriate structure for your business and the creation of the corporate documentation. Please see his Iowa Incorporation/LLC Package for further details. Please contact Rush Nigut at 515-274-1450 or rush.nigut@brickgentrylaw.com for more information concerning his franchise review services.

COST

Upon request a schedule of fees will be provided.

Are your employment policies and practices up-to-date? Every employer is at risk for an employment-related lawsuit. Every lawsuit is potentially devastating to your business, given the high costs of defending a suit, negative publicity, employee time spent in litigation, and ripple effect of employee complaints. You can significantly cut down your exposure to an employment-related lawsuit by having an attorney review your company’s employment policies and procedures from the interview to the termination stage. Well-drafted employment policies and handbooks, detailed recordkeeping, and good human resource practices are the best way to avoid complaints and employee-related lawsuits.

West Des Moines, Iowa Attorney Rush Nigut of Brick Gentry P.C. offers assistance with his preventative program, including risk assessments and training for management, human resource professionals, and employees. Training is particularly important because it reduces the risk of lawsuits, gives you the tools to defend against lawsuits and improves your company’s morale. Risk assessments are also crucial to your protection against lawsuits. Areas evaluated may include:

  1. Employee application and interview documents;
  2. Personnel files;
  3. Employee handbook;
  4. Employee performance evaluations;
  5. Employee discipline;
  6. Employee job descriptions;
  7. Safety policies and operating procedures;
  8. Wage and hour  – Pay practices;
  9. Benefit policies;
  10. Required postings;
  11. Board policies (if applicable);
  12. Union contract (if applicable);
  13. Employee termination;
  14. Employee exit interviews;
  15. Employee privacy issues.

Within one to two weeks of the on-site visit, you will receive a written report of the findings. This report will note any problem areas in your policies and practices and provide specific, practical recommendations to reduce your company’s exposure to complaints, lawsuits and penalties. A compliance review helps catch potential legal issues before they become serious problems. The result could be significant savings in future legal costs, less disruption to your business and stronger employee relationships.  Please contact Rush Nigut at 515-274-1450 or email rush.nigut@brickgentrylaw.com for more information concerning his employment law compliance services.

COST

Upon request a schedule of fees will be provided. The fee includes the compliance review and a written report of the findings. Rush is also willing to help you implement the recommendations or assist with other employment-related matters, including harassment, discipline, and discrimination training. However, implementation and other services are provided at additional cost.