Jim Dale, a partner in the firm’s Labor & Employment group, routinely advises and represents some of Idaho’s largest private employers on virtually every aspect of labor and employment law, including employment discrimination, harassment, wrongful termination, contract, wage and hour, and ERISA issues. He has also served as lead defense counsel on class and collective actions seeking recovery of unpaid wages. Jim has handled numerous labor arbitrations addressing discharge, discipline, scope of work and management rights. He regularly appears before administrative agencies charged with enforcing human resources issues, including the Idaho Human Rights Commission, EEOC, NLRB, U.S. Department of Labor, Idaho Department of Labor, and the Idaho Industrial Commission. Employers also seek his counsel on workplace policies and training for all levels of employees.
On June 28, 2018, the Idaho Supreme Court issued an opinion in a case entitled Lunneborg v. My Fun Life that outlines how cause will be defined in employment cases. Simply put, this case could be a real game changer for employers and particularly those that have employment agreements with senior management or other executives. … Continue Reading
In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This compromise limits employers’ liability in exchange for providing sure and speedy relief for injured workers and is encapsulated in Idaho Code § 72-209, … Continue Reading
In the wake of the election results, the question on everyone’s mind now is: What impact will President-Elect Trump have on employers? Trump has thus far given few details on his thoughts on labor and employment. But with Republicans maintaining control of Congress, employers could see a lot of changes in the next couple of … Continue Reading
A November 27, 2013 opinion from the Idaho Supreme Court reinstated a former Assistant Vice Principal’s claim seeking damages for negligent infliction of emotional distress. This decision highlights that allegedly harassing workplace comments may subject employers to liability even though e the complaining employee cannot make out a traditional sexual harassment claim. In Frogley v. Meridian … Continue Reading
Most employers grapple with the better-known aspects of the Family and Medical Leave Act (FMLA), such as determining whether an employee’s illness constitutes a serious medical condition, obtaining required certification or providing adequate coverage for workers on intermittent leave. All too often employers focus on the leave itself and breathe a sigh of relief when notice … Continue Reading
On the final day of the sixty-first Legislature, Idaho lawmakers passed a bill which provides varying levels of tax credits for private employers who hire at least one employee after April 15, 2011. Governor Otter signed the legislation amending Idaho Code section 63-3029F on April 13. In order to qualify for the credit, a newly hired … Continue Reading
Never shy about taking on unions, especially in a state where organized labor enjoys little support outside the government sector, the Idaho Legislature recently introduced a pair of bills for addition to the state’s existing Right to Work statute. Senate Bill 1007, named the “Fairness in Contracting Act,” is intended to “promote fairness in bidding … Continue Reading