Social media has become a part of everyday life for many people and companies. People tend to share various aspects of their life without thinking much about what they post. This tendency can result in some unexpected consequences. Employers may be interested in knowing that they may be able to use social media posts as a part of a defense against workers’ compensation claims. There are various considerations that must be factored into a decision about whether to use these posts or not. Posts may show the injuries aren’t what the employee claims One of the primary ways social media can be used ..read more

There are numerous ways to address child custody matters during an Iowa divorce. Parents can sometimes negotiate their own custody arrangements where they agree on a specific division of parenting time and decision-making authority. Other times, parents litigate or take the matter to family court. Iowa family law judges have the authority to create custody orders that parents must abide by until their children become adults. When litigation seems likely because parents cannot cooperate, there are often questions about the process, including what factors the courts consider when making a determ ..read more

Although most employment in Iowa is the at-will variety, it doesn’t mean that you shouldn’t be careful when making related decisions. If you terminate someone in a manner that violates state or federal law, it could result in a costly lawsuit against the business. Fortunately, there are a number of steps that your company can take to minimize the risk of running afoul of applicable employment statutes. Keep records of everything Defending against a wrongful termination suit is much easier when you can provide a legitimate reason for letting a worker go. For example, you might be able to counte ..read more

Iowa law requires divorce property settlements to be considered equitable to both parties. What this means is that both parties to a settlement receive what they need to support themselves on their own. In some cases, this may mean that one partner receives a greater share of marital property in addition to child or spousal support. There are many factors that determine whether or not a settlement is equitable. Earning capacity If you earn $1 million per year while your former partner makes $30,000 a year, your partner might get a greater share of the marital estate. You may also be required t ..read more

No employer wants to deal with compliance violations, especially when they have to do with the rights of their employees. Fortunately, there are a few simple steps you can take to ensure your FMLA administration is fully covered. In addition to the protection it gives employers, it also helps ensure employees are able to use these rights when they need them. Do you know your FMLA policy? Some employers fail to form any kind of FMLA policy at all, and this tends to be a major FMLA misstep. Under FMLA rules, employers have the power to lay down the ground rules for certain FMLA policies. This gi ..read more

Employer found not liable for alleged neck injury and resulting cervical fusion (C6-7 anterior diskectomy, decompression and fusion with allograft and internal fixation) due to stepping on and off a fortruck at work. Claimant presented inconsistent history of alleged injury and Claimant’s medical experts relied on inconsistent history. Click here to view the Arbitration DecisionThe post Myron Mack v. DSC Logistics first appeared on Betty Neuman McMahon PLC ..read more

Whenever a couple divorces in Iowa, all of their assets must be split between the two spouses. That division includes retirement accounts. However, splitting those accounts is more complicated and has different legal considerations than other marital property. Here is what you need to consider. Retirement accounts are valued differently Retirement accounts are valued differently than most other assets in divorce because of the way these accounts are taxed. For example, money in an ira account is considered less valuable than the same amount of money in a regular savings account because the IRA ..read more

If you are getting divorced in Iowa, you may be wondering how marital property will get divided. Understanding how property is divided can help you make informed decisions during divorce negotiations. Equitable distribution Usually, in a divorce, assets are divided equitably. This means that the court will try to divide the assets in a fair and just manner. However, what’s considered “fair” can vary from case to case. Factors that affect property division There are many factors that the court will take into account when dividing assets. One of the most important factors is the length of the ma ..read more

If you’re facing a divorce, you and your ex are likely concerned about the well-being of your children as you navigate a new way of life. If you’re an Iowa resident, here are some essential points to keep in mind during the divorce. Try to stay out of court It’s best to stay out of family law court if you want a child-centered divorce. Speak with your ex and make sure both of you agree that you won’t take your divorce to court since the trial is designed to declare a “winner” and “loser.” You will likely experience several emotions in the months following your divorce, and feeling as though yo ..read more

Attorney Lori Utsinger obtained a landmark victory on behalf of employers and insurance carriers regarding workers’ compensation shoulder injuries. In 2017, the Iowa Workers’ Compensation Statute was modified and placed the shoulder as a scheduled member rather than being a body as a whole injury. This change in the law modified what an employee could potentially receive in permanent partial disability benefits, including future review reopening benefits. Under the old law, body as a whole injuries were subject to 500 weeks under an industrial disability analysis which considered Claimant’s ov ..read more