DEPARTMENT OF LABOR PUBLISHES PROPOSED OVERTIME RULE
On September 8, 2023, the Department of Labor (“DOL”) published a proposed rule that would increase salary thresholds under the Fair Labor Standards Act’s (“FLSA”) overtime pay and minimum wage requirements. Under the FLSA’s “white collar” exemption, an employee is...
ISSUE PRECLUSION DOES NOT BAR CLAIMS FOR PERMANENT INJURY IN REVIEW-REOPENING PROCEEDINGS IN IOWA
In Green v. North Central Iowa Regional Solid Waste Authority, the Iowa Supreme Court affirmed that the principle of issue preclusion does not bar a worker’s claim for permanent injury in a review-reopening proceeding. Section 86.14(2) permits the Iowa Workers’...
WAITING TO DISTINGUISH WORKPLACE INJURY FROM PRIOR PAIN MAY NOT AMOUNT TO UNTIMELY NOTICE
In Candia v. Orchard Park Assisted Living, the Nebraska Workers’ Compensation Court held that waiting 2-3 weeks to give notice was sufficient when that is how long it took for the employee to determine that the workplace incident was the cause of her pain as opposed...
INTOXICATION DEFENSE DOES NOT REQUIRE PROCEDURES REQUIRED FOR SOME OTHER EMPLOYEE DRUG TESTS
In Davis v. Gordon Food Serv., Inc., the Iowa District Court in Polk County affirmed the Workers’ Compensation Commissioner’s ruling that evidence to support the intoxication defense under Section 85.16 does not need to be obtained in accordance with the rules and...
NEW IOWA STATUTE GIVES MEDICAID “SUPERLIEN” STATUS
A new Iowa statute went into effect on July 1, 2023, granting recovery rights to Iowa Medicaid that are similar to those of Medicare. See Iowa Code § 249A.54 (2023). Many refer to this recovery priority status as a “superlien.” This new superlien statute provokes...
TOP FIVE BENEFITS OF ESTATE PLANNING
Having an estate plan is incredibly important, and not just for the ultra-wealthy or elderly. Every adult should consider creating an estate plan, as it can provide peace of mind for the unknown future. In fact, there are several benefits to having an estate plan....
WHAT MAKES A WINNING ESTATE PLAN?
Having an estate plan is important. Although it can seem complicated, an insight into the basics can make estate planning easy to understand, and highlight the significance of having a plan in place for yourself and your loved ones. Who While the concept of estate...
NEWLY-ELECTED NEBRASKA WORKERS’ COMPENSATION COURT PRESIDING JUDGE
On June 23, 2023, Judge Dirk V. Block was elected presiding judge of the Nebraska Workers’ Compensation Court for a term beginning July 1, 2023, and ending June 30, 2025. The election was approved by the Nebraska Supreme Court on June 29, 2023. Pursuant to Section...
DIVISION REJECTS COVID-19 BENEFITS FOR ESSENTIAL WORKER
In Collins v. Des Moines Area Regional Transit Authority, the Workers’ Compensation Commissioner determined that an essential worker’s claim for benefits arising out of the contraction of COVID-19 and ensuing complications was not compensable based on a lack of...
MEET OUR 2023 LAW CLERKS
MEET OUR CLERKSMEET OUR 2023 LAW CLERKSEach year, Baylor Evnen Wolfe & Tannehill, LLP has the pleasure of working with intelligent, proactive, and talented law students. Through our internal clerkship program, we strive to support and assist in the development of...