Dickinson, Mackaman, Tyler & Hagen, P.C. is pleased to announce that 24 attorneys of the firm have been named by Best Lawyers® to its 2021 recognition lists for professional legal excellence, including: 21 attorneys with extensive experience were included in The Best Lawyers in America; Three distinguished attorneys were honored as “Lawyer of the Year” in their respective areas of law in Des Moines, and: Three rising lawyers were recognized in the inaugural edition of Best Lawyers:…
You’re Invited! Join our Employment & Labor Law Group on October 27, 28 & 29 for a FREE Webinar Series as we Face the Future Together. The Webinar is a new format for our annual seminar that allows everyone to stay safe during this global pandemic. Over two hours of content will be presented in multiple sessions on each of the three days of the series. We’ve built in an extra 15 minutes each day…
On July 17, 2020, the USDOL’s Wage and Hour Division published a “Request for Information” (RFI) in the Federal Register, seeking input for its examination of the effectiveness of the current regulations in meeting the FMLA’s statutory objectives.   According to WHD, “Results of employee and employer surveys continue to show an ongoing need for education and awareness in the administration and use of FMLA leave. Information from the public on what is and is not…
Dickinson, Mackaman, Tyler & Hagen P.C. is pleased to announce that attorney Rob Porter has joined the firm. Porter has practiced law in Iowa for nearly 20 years, most recently as Director of Legal for Des Moines-based Dwolla, an acclaimed FinTech startup that provides a programmable payments platform that allows customers to securely transfer money. At Dickinson Law, Porter’s practice will focus on three main areas law including Employment, Education  (k-12 and higher education), and…
As Iowa continues to restart its economy, many businesses are considering how to safely reopen their workplaces. One question employers may face is whether to implement a temperature screening procedure in an effort to protect employees and minimize the risk of spreading COVID-19. Many health and legal implications must be considered in the adoption of such measures.  The Legality of Screening Employees’ Temperatures The Equal Employment Opportunity Commission (EEOC) has made it clear in guidance
Effective on July 1, 2020, WHD will no longer pursue pre-litigation liquidated damages as its default policy in its administratively resolved investigations. Under the FLSA, liquidated damages are equal to the amount of back wages due to the employee. For instance, if an employer owes an employee $5,000 as a result of FLSA violations, the liquidated damages add another $5,000 to the back pay that the employee can receive.    From its creation in 1938…
Over the past eight weeks, serving your legal needs while working remotely to maintain the health and safety of our clients and employees has been our firm’s main focus during COVID-19. As of June 1st, Dickinson Law will begin a phased approach to reopening our offices, with a portion of our attorneys and administrative staff resuming work at our headquarters in downtown Des Moines. This approach is consistent with current governmental recommendations and allows us…
The Families First Coronavirus Response Act (“FFCRA”) was signed into law on March 18, 2020, and took effect on April 1, 2020. In the intervening 14 days, the Wage and Hour Division of the U.S. Department of Labor issued and revised various guidance documents on its website that interpret the Emergency Paid Sick Leave Act (EPSL”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) provisions of the FFCRA.  The most recent substantive…
On March 28, 2020, the Department of Labor (“DOL”) released its expanded Questions and Answers guidance on implementation of the recently passed Families First Coronavirus Response Act (“FFCRA”), which enacted the Emergency Paid Sick Leave Act (“EPSL”) and the Emergency Family and Medical Leave Act (“EFMLA”). Included in the 59 questions answered, the DOL clarified that employees eligible for both FMLA and EFMLA are entitled to only a combined total of 12 workweeks of leave…
On March 25, 2020, we announced that the Wage and Hour Division of the DOL had issued the poster/notice required to be posted under the “Families First Coronavirus Response Act.” We noted that covered private sector employers were reminded that they are required to post the notice. In issuing the poster, the DOL stated that an employer could satisfy the posting requirement by emailing or direct mailing the notice to employees, or posting the required…