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Starting Nov. 19th from 1-3 p.m., Attorneys from the Dickinson Law Startup Group will be holding office hours on a quarterly basis to assist entrepreneurs with their legal needs at the Gravitate Co-Working Space in downtown Des Moines. Services Available During the first event, Attorneys Emily McGovern and Andrea Rastelli will be on hand for 20-minute sessions. As part of the Startup Group, they are committed to supporting emerging enterprises at each stage, and can…
What do you do at 4:30 p.m. on Friday when your data is encrypted and a message tells you it will take 500 Bitcoin to decrypt it? This scenario has become a routine occurrence across the United States for local governments, non-profit organizations, and for-profit companies. What should an organization do when it discovers its systems are locked? Don’t Just Replicate, Backup Hopefully the organization has a backup. Many organizations routinely create a copy of…
Our previous Wage and Hour Watch post summarized DOL’s recent Notice of Proposed Rulemaking on the FLSA fluctuating workweek overtime regulations.  Today’s post will focus on the particulars of the current rules. The fluctuating workweek (FWW) method for calculating and paying overtime for non-exempt salaried employees is laid out in 29 CFR Section 771.114. An initial requirement is that the hours worked do not customarily follow a regular schedule, but vary from week to…
On November 5, USDOL’s Wage and Hour Division issued a press release with the enticing title, “U.S. Department of Labor Announces Proposal to Expand Access to Bonuses for America’s Workers.” Despite the title, the WHD is not unveiling any new FLSA bonus provisions or programs.  Rather, it is announcing a Notice of Proposed Rulemaking (NPRM) to address yet another glitch caused by the agency’s 2011 “clean-up regulations” regarding the fluctuating workweek method of paying non-exempt…
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As you may know, the FAA is charged with oversight of the the national airspace (“NAS“) and aircraft operations conducted within the NAS.  This includes making sure that that air carriers (those who transport persons or property for compensation or hire – Part 121 and 135 operators) are complying with heightened regulatory requirements applicable to those operations. Until recently, air carriers were limited to operations with manned aircraft.  However, that is no longer the case.…
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How long a claims process for a car accident in Phoenix, Arizona will last is dependent on a number of variables including but not limited to the following:  (1) extent and duration of your injuries; (2) whether you ultimately agree to the amount being offered or (3) whether the at-fault insurer agrees to the amount you are offering.  While each case has a different time variable, all cases can be viewed in terms of duration…
In the latest head scratcher, through a pair of Declaratory Orders (“DO”) issued within eight months of each other, the Iowa Department of Revenue has determined that Pilates classes and certain spinning (cycling) classes are treated differently for purposes of sales tax.  According to the Department, one is taxable “commercial recreation” and the other is nontaxable “instruction in recreational activities.” I’ll let you guess.  The facts of the latest DO, which relates to spinning…
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If you find yourself a victim of a motor vehicle accident, then you also likely find yourself in the position of having to deal with the other driver’s insurance company. Please understand that the other driver’s insurance company has one of two goals in mind: Pay you nothing; or Pay you as little as possible.  They are in the business and have been at this for years. This may be your first accident.  Do you…