News | Events | Newsletters | Articles
FOURTEEN DICKINSON ATTORNEYS SELECTED FOR INCLUSION IN 2011 EDITION OF BEST LAWYERS IN AMERICA
August 4, 2010 - Fourteen attorneys from Dickinson, Mackaman, Tyler & Hagen, P.C. have been selected for inclusion in the 2011 edition of The Best Lawyers in America, an annual compilation based on exhaustive and rigorous peer review surveys. This number represents two-thirds of the firm's shareholders, as well as one of counsel attorney and one associate. The attorneys who were selected are Bret A. Dublinske (Communications Law; Energy Law), Howard O. Hagen (Banking Law), Larry I. James, Jr. (Land Use & Zoning Law), Ann Holden Kendell (Labor and Employment Law), Jeffrey A. Krausman (Labor and Employment Law), F. Richard Lyford (Commercial Litigation), Rick A. Malm (Corporate Law; Derivatives Law), Bridget R. Penick (Immigration Law), David M. Repp (Tax Law; Trusts & Estates), Russell L. Samson (Labor and Employment Law), Jon P. Sullivan (Banking Law; Bankruptcy and Creditor-Debtor Rights Law; Real Estate Law), Paul R. Tyler (Real Estate Law), John K. Vernon (Family Law), and J. Marc Ward (Banking Law and Corporate Law).
PAUL TYLER RECEIVES HIGHEST HONOR FROM THE IOWA STATE BAR ASSOCIATION
June 21, 2010 - The Iowa State Bar Association has awarded its highest honor, the Award of Merit, to Dickinson attorney Paul R. Tyler. The award was presented on June 16, during the ISBA's annual meeting.
In presenting the award, which was created 63 years ago, ISBA President Jane Lorentzen cited Paul's dedication to the legal profession, to the association and to his community as the reasons for conferring the award on him. A 1967 graduate of the University of Iowa College of Law with Distinction and a Phi Beta Kappa in his undergraduate education, Paul has helped thousands with his knowledge of real estate, banking and business law, Lorentzen said. In fact, his knowledge of finance and business transactions earned him an appointment by the federal courts as trustee for the liquidation of a stock brokerage company in Iowa – the only Iowa lawyer thus far to receive such an appointment.
In addition to the many leadership positions he has held with the ISBA and other law-related organizations, Paul has been actively involved on the board of directors of numerous community organizations including Youth Homes of MidAmerica, Hospice of Central Iowa and, for 17 years, the Better Business Bureau serving Greater Iowa, the Quad Cities and the Siouxland Region. He served as chair of that board from 2004-2005.
“This year’s award recipient lives by the age-old motto: ‘Do unto others what you would have them do unto you,’” Lorentzen read from the framed proclamation presented as part of the award. “Thousands of individuals have benefited from that simple credo.”
DICKINSON ATTORNEYS APPOINTED TO LEADERSHIP ROLES IN IOWA STATE BAR ASSSOCIATION SECTIONS
July 1, 2010 - Dickinson attorney Jeff Krausman was appointed to serve a second one-year term as chair of the Iowa State Bar Association's Alternative Dispute Resolution Section, and Dickinson attorney Marc Ward was appointed to serve a one-year term as vice-chair of the ISBA's Business Law Section Council. Both attorneys' terms will run from July 2010 until June 2011.
DICKINSON ATTORNEYS SELECTED FOR INCLUSION IN 2010 CHAMBERS USA: AMERICA’S LEADING LAWYERS FOR BUSINESS
June 11, 2010 - The 2010 edition of Chambers USA: America’s Leading Lawyers for Business was released today, and 13 Dickinson attorneys were selected for inclusion. In addition, the firm was one of only nine to be ranked in every area of law (Labor & Employment; Corporate/M&A; Real Estate; Litigation) researched by Chambers & Partners in the state of Iowa. This year, Chambers recognized the following attorneys as leading individuals in their respective areas of law: Howard O. Hagen (Corporate/M&A: Banking & Finance); Russell L. Samson (Labor & Employment); Bridget R. Penick (Labor & Employment and Labor & Employment: Immigration); Paul R. Tyler (Real Estate); Jon P. Sullivan (Real Estate); Jeffrey A. Krausman (Labor & Employment); Jill Jensen-Welch (Labor & Employment); Mollie M. Pawlosky (Litigation: General Commercial); J. Marc Ward (Corporate/M&A); Richard A. Malm (Corporate/M&A); F. Richard Lyford (Litigation: General Commercial); Ann Holden Kendell (Labor & Employment); and Larry James, Jr. (Real Estate). Click here to access the Chambers & Partners website, where you can read the research firm's commentary on the Dickinson law firm and its attorneys.
Chambers & Partners, the publisher of Chambers USA: America’s Leading Lawyers for Business, bases its rankings on in-depth interviews with attorneys and clients, giving greater weight to clients’ comments. Chambers and Partners considers its rankings and editorial comments to be independent and objective; no one is allowed to “buy” inclusion in the Chambers USA publication. The attorneys at Dickinson, Mackaman, Tyler & Hagen, P.C. wish to thank our clients for their generous comments that resulted in our firm being so well represented in the 2010 edition of Chambers. We are humbled by your compliments and consider it a privilege to work for you. We also welcome your direct evaluations and remind you that you have a standing invitation to let us know how we can serve you better.
MARY ZAMBRENO RECOGNIZED AGAIN FOR PRO BONO LEGAL WORK
June 9, 2010 - For the second time in as many years, Dickinson attorney Mary Zambreno received special recognized as an outstanding volunteer for the Volunteer Lawyers Project in 2009 at the Polk County Bar Association's Annual Law Clerk Luncheon at the Hotel Fort Des Moines on June 8.
ALLYN DIXON ELECTED TO METRO ARTS ALLIANCE BOARD
June 9, 2010 - Dickinson attorney L. Allyn Dixon, Jr. was elected to serve a three-year term on the board of the Metro Arts Alliance. The Metro Arts Alliance is a regional non-profit organization that advocates for the arts, cultivates public participation in the arts, and creates partnerships between the artistic, business and cultural communities. The organization seeks to enrich the quality of life in Greater Des Moines by connecting people to the arts through programming, communication and support of artists and arts organizations.
INTRODUCING THE IOWA EMPLOYER LAW BLOG
Members of Dickinson's Employment and Labor Law Group are pleased to announce the creation of a new blog designed to provide Iowa employers information and insight on legal developments that might impact their businesses. The Iowa Employer Law Blog will offer information and commentary on developments in both Iowa and federal employment and labor law, always with the goal of elucidating the “bottom line” for Iowa employers. Contributors to the blog will include nine Dickinson employment attorneys, five of whom practice primarily in employment law. We invite you follow this blog by either subscribing to an RSS feed or signing up to receive email notifications of new posts.
JANET GALLOWAY HUSTON TO RECEIVE MAX SHELTON FRIEND OF IOWA PHYSICAL THERAPY AWARD
March 31, 2010 – The board of directors of the Iowa Physical Therapy Association (IPTA) has selected Dickinson attorney Janet Galloway Huston to receive the 2010 Max Shelton Friend of Iowa Physical Therapy Award. The IPTA presents the Max Shelton Award annually to a non-physical therapist who has made a significant contribution to the Iowa physical therapy profession. The award is named in memory of an Iowa dealer of physical therapy supplies and equipment who served as a mentor and benefactor to new Iowa physical therapists for many years. “Janet helped us through some legal issues that were very important to the Iowa physical therapy profession,” said IPTA Executive Director Mike Mandel. “Success would not have been possible without her guidance and direction, and our members wish to recognize her exceptional service.” This year’s award will be presented at the IPTA’s Spring Conference on the Iowa State University campus in Ames on April 24.
TWO DICKINSON ATTORNEYS NAMED TO DES MOINES' 2010 CLASS OF FORTY UNDER 40 HONOREES
February 22, 2010 - Dickinson attorneys Mollie Pawlosky and Mary Zambreno were named to the Des Moines Business Record's 2010 class of Forty Under 40 honorees. Each year the Business Record "sets out . . . to choose 40 Central Iowans under the age of 40 who deserve recognition for their professional achievements, community contributions and personal character." Mollie, Mary and their fellow Forty Under 40 honorees will be recognized at an event at the Polk County Convention Center in Des Moines on March 2. Click here to read the Business Record's write-ups on Mollie and Mary.
JOAN FLETCHER NAMED FELLOW OF LITIGATION COUNSEL OF AMERICA
February 8, 2010 - Dickinson attorney Joan Fletcher has been selected as a Fellow of the Litigation Counsel of America. Joan is a shareholder and senior litigator in the firm's litigation and employment law sections. She has been in private practice since she received her Juris Doctor degree with honors from Drake University Law School in 1989.
The Litigation Counsel of America is a trial lawyer honorary society composed of experienced and effective litigators throughout the United States and represents less than one-half of one percent of American lawyers. Fellowship in the LCA is limited and by invitation only. LCA Fellows are deemed to be among the best trial lawyers in the American bar, who have exhibited accomplishment in litigation and trial work, and have superior ethical reputations. The composition of the Litigation Counsel of America is aggressively diverse, with recognition of excellence in litigation across all segments of the bar. In addition, the LCA is dedicated to promoting superior advocacy, professionalism and ethical standards among its Fellows.
L. ALLYN DIXON, JR. QUOTED IN ABA JOURNAL
February 2, 2010 - Attorney L. Allyn Dixon, Jr. was quoted in a February 1 ABA Journal article on inclusiveness efforts in law firms. Allyn is a member of Dickinson's Banking, Business & Corporate Law Group and a frequent contributor to the Iowa Banking Law Blog.
MEGAN ERICKSON QUOTED IN INC. MAGAZINE
January 27, 2010 - Attorney Megan Erickson was quoted in a January 25 Inc. Magazine article titled "How to Use Social Networking Sites to Drive Business." Megan is a member of Dickinson's Employment & Labor Law Group and the author of Erickson's Blog on Social Networking and the Law.
EMPLOYER ALERT: NEW MODEL NOTICES ISSUED FOR THE COBRA SUBSIDY EXTENSION
January 14, 2010 - Yesterday, the U.S. Department of Labor issued three new Model COBRA Notices for the COBRA subsidy amendment that was effective on December 19, 2009. The amendment extended the sunset date for the COBRA subsidy from December 31, 2009, to February 28, 2010, and expanded the maximum subsidy from nine to 15 months. In addition, the requirement that the assistance eligible individual (AEI) lose coverage within the subsidy period of September 1, 2008 through February 28, 2010 was deleted, so that only the covered employee’s involuntary loss of employment must occur within the subsidy period. Finally, the amendment details how to handle AEIs who exceeded the former maximum nine-month subsidy and are eligible for up to six more months of the expanded subsidy. The three new Model COBRA Notices are each available for download as a “Word” document at http://www.dol.gov/ebsa/COBRAmodelnotice.html. Below is a summary of the pertinent changes to each form and requirements for each form’s use:
1. Updated Model General Notice
This notice is a revision of the former Model General Notice. Changes include the extended eligibility date of February 28, 2010, the new maximum subsidy of 15 months, and the deletion of the requirement that an AEI lose coverage, and employment, during the subsidy period of September 1, 2008 through February 28, 2010. This notice must be sent to covered employees (and their qualified beneficiaries), who experienced any qualifying event from September 1, 2008 through February 28, 2010, if such persons have not yet been sent a COBRA election notice. The deadline for sending this notice form is the usual COBRA requirement of 14 days after the qualifying event.
2. Model Premium Assistance Extension Notice
This notice is completely new. It speaks to persons who had previously received a COBRA election notice that did not explain the amendment, but who may be impacted by the retroactive nature of that amendment. AEIs who received nine months of COBRA subsidy and remained eligible for the expanded 15-month maximum subsidy, but dropped coverage at the end of the nine months, can re-enter COBRA by making retroactive payment of the 35% reduced premium. However, this payment must be made by February 17, 2010, within 30 days after receipt of this new notice, or by the end of an otherwise applicable payment grace period. Some AEIs continued COBRA coverage beyond the former nine month maximum subsidy by paying 100% of the premium. If those persons remained eligible for the expanded 15-month maximum subsidy, they can get a refund of 65% of the excess premiums they paid, or a credit toward future premiums. Although it is not entirely clear in the Model Premium Assistance Extension Notice, AEIs need to contact their plan administrator to make arrangements for a refund or credit. To compensate for this lack of clarity, employers sending out this notice should consider highlighting (by boldface type or some other method) the paragraph on the third page immediately above the line that says “For more information.” Alternatively, employers may wish to use the following in place of that paragraph: You may contact [enter appropriate contact information, e.g., the Plan Administrator or other party responsible for COBRA administration under the Plan] to confirm the correct amount of your first payment or to discuss payment issues related to the ARRA premium reduction. That would include questions arising from the fact that you received the full nine months of premium assistance required under ARRA and either did not make any payment for subsequent periods of coverage but now wish to take advantage of the extended period to fifteen months, or made payment of the 35% (or some other amount that is less than the full premium), or made payment of the full premium otherwise required to maintain coverage absent the subsidy and now wish to discuss obtaining a refund or credit.
This new Model Premium Assistance Extension Notice must be sent to the following persons by the dates listed:
-
AEIs as of October 31, 2009 must receive this notice by no later than February 17, 2010. For example, Frank was involuntarily terminated under a reduction in force on September 1, 2009. He and his qualified beneficiaries elected and maintained COBRA coverage through October 31, 2009 (or beyond). They must receive the new Model Premium Assistance Extension Notice no later than February 17, 2010.
-
Covered employees (and their beneficiaries) who experienced a termination of employment on or after October 31, 2009 which resulted in a loss of health coverage—as long as they did not receive an Updated Model General Notice—must be provided with this notice no later than February 17, 2010. For example, Kimberly was terminated due to the elimination of her job and lost health care coverage on November 30, 2009. She and her qualified beneficiaries must receive the new Model Premium Assistance Extension Notice no later than February 17, 2010.
-
AEIs who received the former maximum nine months of COBRA subsidy must be provided with this notice within 60 days of entering the “transition period.” The transition period begins on the day immediately following the end of the maximum subsidy period (or the 10th month after the subsidy began). For example, Pat was terminated for poor performance on February 15, 2009 and lost coverage on February 28, 2009. Pat and her qualified beneficiaries were AEIs and received the COBRA subsidy for the former nine-month maximum period, or through November 30, 2009. December 1, 2009 was the first day of their transition period. Pat and her qualified beneficiaries must receive the new Model Premium Assistance Extension Notice within 60 days, or by February 1, 2010. In addition, because Pat paid 100% of the COBRA premiums for December and January, she may either get a refund, or a credit toward future COBRA premiums, equal to 65% of the premium she paid for December and January.
3. Updated Alternative Notice
This notice is a revision of the former Alternative Notice for persons subject to state law providing for the continuation of health benefits. In Iowa, that law is Iowa Code Chapter 509B. This notice must be sent to covered employees (and their qualified beneficiaries), who lose employment from September 1, 2008 through February 28, 2010, and who are subject to state law within the time period required by state law. Employers too small to be subject to COBRA (fewer than 20 employees) are advised to seek specific information from their insurance carrier and from a competent professional with regard to the impact of these recent changes on individual benefit continuation situations under Chapter 509B. The amendment to the federal law on COBRA subsidies does not, for example, change Iowa law which only provides for a maximum period of “state continuation” coverage of nine months.
There may be some overlap in the new model notices, meaning some persons may be entitled to two or more notices. Should that occur, employers need only send a single notice, but according to the DOL, that must be the notice with the shortest deadline for receipt.
As always, it is suggested that all COBRA notices be sent by certified mail/return receipt requested. This provides proof that the notice was sent, when it was sent, where it was sent, to whom it was sent, and whether it was received.
If you have questions about COBRA or the COBRA subsidy, please contact the Dickinson attorney with whom you normally work or a member of the firm’s Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
EMPLOYER ALERT: COBRA SUBSIDY EXTENDED AND EXPANDED
December 22, 2009 - On Saturday, December 19, President Obama signed legislation extending and expanding the COBRA subsidy for assistance-eligible individuals. Part of the FY 2010 Department of Defense Appropriations Act, H.R. 3326, the new law:
- Extends the time period for COBRA subsidy eligibility from December 31, 2009, to February 28, 2010. Now, an assistance-eligible individual (AEI) is any qualified beneficiary who becomes eligible for COBRA from September 1, 2008, through February 28, 2010, due to an involuntary termination of the covered employee during that same time period.
- Expands the maximum COBRA subsidy period from 9 months to 15 months.
- Allows AEIs who exhausted their COBRA subsidy before the legislation passed (who are in the “transition period”), and who dropped their COBRA coverage, to retroactively pay premiums to maintain COBRA for the new maximum of 15 months. Premium payments must be made within 60 days of December 19 (which is February 17, 2010), or 30 days after a new notification is received, whichever is later.
- Allows AEIs who exhausted their COBRA subsidy before the legislation passed (who are in the “transition period”), and who maintained their COBRA coverage at the full premium, to receive a refund or credit.
- Requires administrators of health plans to send notifications to all persons who were AEIs on or after October 31, 2009, regarding this new legislation of expanded and extended COBRA benefits. This notice must be sent within 60 days, or no later than February 17, 2010, and should include information regarding the expanded COBRA subsidy period, the transition period, the retroactive premium option, and the refund/credit option.
- Requires administrators of health plans to send notifications to all persons who become AEIs after December 19, 2009, regarding the amendments to the ARRA’s COBRA subsidy provisions. These notifications are to be sent within the usual COBRA notification time period.
On Monday, December 21, 2009, the Department of Labor’s Employee Benefits Security Administration (EBSA) issued a statement advising that updated sample notifications, guidance and fact sheets would be forthcoming to help employers comply with the newly amended law. In the meantime, employers should take the following actions:
- Change COBRA notification materials to indicate that AEI eligibility for the COBRA subsidy period now ends on February 28, 2010 (rather than December 31, 2009), and that the maximum period of the COBRA subsidy is 15 months (rather than 9 months).
- Issue these updated COBRA materials to covered employees and their qualified beneficiaries for qualifying events occurring between December 19, 2009, and February 28, 2010.
- Watch for new sample notifications from the DOL/EBSA for persons who were AEIs on or before December 19, 2009. We expect at least three new notifications: one for AEIs who exhausted their COBRA subsidy and dropped coverage and can choose a retroactive premium option; another for AEIs who exhausted their COBRA subsidy and continued coverage at the full premium and are due a refund or credit; and another for new AEIs who experience qualifying events after December 19, 2009. A fourth notification may be required to deal with state group health insurance continuation laws, such as Iowa’s Chapter 509B.
- Prepare labels for a mailing to those persons who were AEIs on or before December 19, 2009. Doing so will allow you to respond more quickly when the sample notification language is released.
If you have questions about COBRA or the COBRA subsidy, please contact the Dickinson attorney with whom you normally work or a member of the firm’s Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
DAVID REPP ELECTED TO THE AMERICAN COLLEGE OF TRUST AND ESTATE COUNSEL
November 10, 2009 - The Board of Regents of the American College of Trust and Estate Counsel has elected Dickinson attorney David Repp a Fellow of the College. The College is an organization of more than 2,500 trust and estate lawyers and law professors from the United States and other countries who have been elected by their peers in recognition of their having made outstanding contributions to the practice of estate and trust law. The College brings together the top lawyers in the profession to maintain a high quality of trust and estate legal services through mutual education, create and foster networking among those lawyers based on the highest order of trust and confidence, and contribute to the improvement of the areas of law in which trust and estate lawyers practice.
EMPLOYER ALERT: NEW EEO POSTER INCLUDING A SECTION REGARDING THE GENETIC INFORMATION AND NONDISCRIMINATION ACT OF 2008 (GINA)
October 30, 2009 - The U.S. Equal Employment Opportunity Commission has released a new poster (“Revised 11/09” in the lower right hand corner). The primary change in the text of the poster is a new section regarding the Genetic Information and Nondiscrimination Act of 2008 (GINA).
All employers are required to post the new “Equal Employment Opportunity is the Law” poster in conspicuous places on the premises where notices to employees and applicants for employment are customarily posted. Willful failures to post are subject to a $100 fine for each separate offense.
The new EEO poster is available for free from the EEOC. It can be downloaded (PDF format) from the EEOC’s website at: http://www.eeoc.gov/self_print_poster.pdf. In addition, paper copies can be ordered from the EEOC by completing the form found on the EEOC’s website at: http://www.eeoc.gov/posterform.html. Because the paper posters are currently on backorder, you should download the PDF form from the website for immediate posting. If you have questions about GINA or the new EEO poster, please contact the Dickinson attorney with whom you normally work or a member of the firm’s Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
EMPLOYER ALERT: FMLA AMENDED TO EXPAND MILITARY PROVISIONS
October 29, 2009 - Yesterday, President Obama signed into law amendments to the Family and Medical Leave Act. These amendments expand provisions of the FMLA that were added in January 2008 regarding leave for employees who have a spouse, parent, son, or daughter in the military for (1) qualified exigencies due to active duty, and (2) care for the servicemember’s serious injury or illness incurred in the line of duty. The latest FMLA amendments are contained within H.R. 2647, the National Defense Authorization Act for Fiscal Year 2010.
Qualified Exigency Leave
Formerly, employees with a covered family member on, or called to, “active duty,” and “in support of a contingency operation” for the military, were eligible for up to 12 weeks of Qualified Exigency leave in a 12 month period. The Department of Labor’s most recent FMLA regulations, effective on January 16, 2009, clarified that Qualified Exigency leave was only available for covered family members in the National Guard, Reserves, retired Reserves, and retired Regular Armed Forces—and not those in the active Regular Armed Forces. The new amendments now refer to “covered active duty,” rather than just “active duty,” and expand Qualified Exigency leave to employees with covered family members in the active Regular Armed Forces and deployed for duty in a foreign country. In addition, the new amendments delete the requirement that the covered active duty be “in support of a contingency operation.”
Servicemember Caregiver Leave
Formerly, employees with a servicemember as a spouse, parent, son, daughter, or next of kin, who had a “serious injury or illness” from such service, were eligible for a single period of up to 26 weeks of Servicemember Caregiver leave in a 12 month period. A “serious injury or illness” is one incurred during, or aggravated by, active duty in the military that may render the servicemember medically unfit to perform duties of his/her military office. Servicemember Caregiver leave could only be used for members of the Armed Forces, National Guard, and Reserves who were still active or on a temporary disability retired list. The new amendments expand the definition of “covered servicemembers” to include non-dishonorably discharged veterans for up to five (5) years after military service ends. In addition, the new amendments expand the definition of “serious injury or illness” for such veterans to include those that manifested before or after veteran status began. This is intended to provide leave for covered family members of veterans whose injuries or illnesses do not surface until after discharge. For purposes of Servicemember Caregiver leave, “single leave” still means one 26 week leave in a 12 month period per servicemember or per injury/illness.
How to Respond
These FMLA amendments are effective immediately. Employers will need to revise their FMLA policies and notify employees of the changes. Keep a look-out for the release of a new poster by the DOL. New regulations will be issued, too, but those will take longer than the poster. In the meantime, be careful when using the current regulations, as some parts are now out of step with the new statutory amendments. Specifically, 29 C.F.R.§ 825.126(b)(2) (qualified exigency leave and definitions of “active duty” and “in support of a contingency operation”) and 29 C.F.R. §§ 825.127(a) and (a)(1) (servicemember caregiver leave and definitions of “covered servicemember” and “serious injury or illness”) do not capture the new amendments. If you have questions about the FMLA, please contact the Dickinson attorney with whom you normally work or a member of the firm’s Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
DICKINSON WELCOMES THREE NEW ATTORNEYS: STEPHEN J. NEWMAN, THEODORE "TED" W. CRAIG, AND BRANT M. LEONARD
September 28, 2009 - Dickinson, Mackaman, Tyler & Hagen, P.C. is pleased to welcome attorneys Stephen J. Newman, Theodore "Ted" W. Craig, and Brant M. Leonard to the firm's Des Moines office.
Stephen holds an LL.M. in Taxation from the New York University School of Law. He received his J.D. from the University of Iowa College of Law and a B.B.A. in Accounting with highest distinction from the University of Iowa. Prior to joining Dickinson, Stephen was a senior tax associate with KPMG, LLP in Houston, Texas. He has also worked as a tax law intern at Exxon Mobil Corporation and a tax accounting intern for Deloitte & Touche, LLP. Stephen joins the Taxation Section of the firm’s Banking, Business & Corporate Law Practice Group. He is currently licensed only in Illinois.
Ted received his J.D. from the University of Iowa College of Law and bachelor’s degrees in both Business Marketing and Business Management from Iowa State University. He worked as a summer associate at Dickinson last summer and at a Washington, D.C. firm the previous summer.
Brant received his J.D. with highest honors from Drake University Law School and a B.A., cum laude, from Central College. He was a member of the Drake Law Review and authored articles in both the Drake Law Review and the Drake Journal of Agricultural Law. He also worked as a summer associate at Dickinson last summer.
THIRTEEN DICKINSON ATTORNEYS SELECTED FOR INCLUSION IN 2010 EDITION OF BEST LAWYERS IN AMERICA
September 16, 2009 - Thirteen attorneys from Dickinson, Mackaman, Tyler & Hagen, P.C. have been selected for inclusion in the 2010 edition of The Best Lawyers in America, an annual compilation based on an exhaustive and rigorous peer review survey. This number represents two-thirds of the firm's shareholders, as well as one of counsel attorney. The attorneys who were selected are Bret A. Dublinske (Communications Law and Energy Law), Howard O. Hagen (Banking Law), Ann Holden Kendell (Labor and Employment Law), Jeffrey A. Krausman (Labor and Employment Law), F. Richard Lyford (Commercial Litigation), Rick A. Malm (Corporate Law and Derivatives Law), Bridget R. Penick (Immigration Law), David M. Repp (Tax Law and Trusts & Estates), Russell L. Samson (Labor and Employment Law), Jon P. Sullivan (Banking Law, Bankruptcy and Creditor-Debtor Rights Law, and Real Estate Law), Paul R. Tyler (Real Estate Law), John K. Vernon (Family Law), and J. Marc Ward (Banking Law and Corporate Law).
BRIDGET PENICK APPOINTED TO IOWA SUPREME COURT GRIEVANCE COMMISSION
September 10, 2009 - Dickinson attorney Bridget Penick was recently appointed to the Iowa Supreme Court’s Grievance Commission. She will serve an initial term ending June 30, 2012.
EMPLOYER ALERT: FEDERAL CONTRACTORS MUST USE E-VERIFY STARTING SEPTEMBER 8, 2009
September 9, 2009 - An August 26th decision in Chamber of Commerce of the United States of America v. Napolitano upheld the legality of Executive Order 13464 and its implementing regulation, meaning that federal contractors and subcontractors must use “E-Verify” – beginning with contracts awarded or modified on and after September 8, 2009.
On June 6, 2008, President Bush issued Executive Order 13465, “Economy and Efficiency in Government Procurement through Compliance with Certain Immigration and Nationality Act Provisions and the Use of an Electronic Employment Eligibility Verification System.” It provided that “Executive departments and agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons (new and existing employees) assigned by the contractor to perform work within the United States on the federal contract.” The Federal Acquisition Regulation (FAR) was amended to require federal contractors to use E-Verify. After lengthy litigation regarding the legality of the Executive Order and FAR, the court ruled that the regulations are valid. Emergency efforts taken last Friday to further derail the implementation of the executive order and regulations were unsuccessful.
Thus, the final rule became applicable to contractors on September 8, 2009. Under the final rule, employers are required to enroll in E-Verify if and when they are awarded a federal contract or subcontract that requires participation in E-Verify as a term of the contract. When a contractor wins the bid on a federal contract that contains the FAR E-Verify clause, the contractor and any covered subcontractors on the project are required to enroll in the E-Verify program within 30 calendar days of the contract or subcontract award date. If the contractor has been using E-Verify for more than 90 days, it has 90 days from the contract award date to begin using E-Verify for each employee already on staff who is assigned to the contract, but must initiate verification of new hires within three business days of their start date.
The rule requires the insertion of the E-Verify clause into prime federal contracts with a period of performance longer than 120 days and a value above the simplified acquisition threshold ($100,000), with certain exceptions. Comments to the FAR indicate that financial institutions are not covered by the FAR, at least under their current financial agency agreements.
The E-Verify requirement must also be included in indefinite-delivery/indefinite-quantity contracts modified after September 8, 2009 if the remaining period of performance extends at least six months after September 8, 2009, and the amount of work or number of orders expected under the remaining performance period is substantial. The rule only covers subcontractors if a prime contract includes the clause. For subcontracts that flow from those prime contracts, the rule extends the E-Verify requirement to subcontracts for services or for construction with a value over $3,000. The rule applies only to employees working in the United States, which is currently defined to include the fifty States and the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands.
United States Citizenship and Immigration Services (USCIS) has published information and frequently asked questions on its website regarding application of the rule. If you have questions about E-VERIFY, please contact the Dickinson attorney with whom you normally work or a member of the firm’s Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
DICKINSON WELCOMES NEW SHAREHOLDER ANN HOLDEN KENDELL
August 1, 2009 - Dickinson, Mackaman, Tyler & Hagen, P.C. is pleased to announce that attorney Ann Holden Kendell has rejoined the firm as a shareholder and member of the firm's Litigation and Employment & Labor Groups. Ann is a 1998 graduate of Drake Law School. In the intervening years she completed a clerkship for Iowa Supreme Court Justice David Harris and practiced law as an associate at Dickinson before spending the past several years at BrownWinick in Des Moines. Ann was recently selected for inclusion in the 2010 edition of The Best Lawyers in America in the area of Labor & Employment Law. The attorneys and staff at Dickinson are thrilled to have Ann back at the firm.
DICKINSON ATTORNEYS SELECTED FOR INCLUSION IN IOWA SUPER LAWYERS LIST
July 21, 2009 - Seven Dickinson attorneys were selected for inclusion in the recently announced 2009 Iowa Super Lawyers list, to be published in Great Plains Super Lawyers magazine and online at superlawyers.com. The Dickinson attorneys who are included in the 2009 Iowa Super Lawyers list are Bret Dublinske, Joan Fletcher, Dick Lyford, Russ Samson, Jon Sullivan, Paul Tyler and John Vernon. Only five percent of the lawyers in the state are named by Super Lawyers. The selections for Super Lawyers are made by Law & Politics, a division of Key Professional Media that annually undertakes a rigorous selection process including a statewide survey of lawyers, independent evaluation of candidates by an attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.
DICKINSON ATTORNEYS BEGIN AND END TERMS AS IOWA STATE BAR ASSSOCIATION SECTION CHAIRS
July 1, 2009 - Dickinson attorney Jeff Krausman began a one-year term as chair of the Iowa State Bar Association's Alternative Dispute Resolution Section on July 1. During his term, Jeff plans to focus his efforts on promoting the use of alternative dispute resolution among members of the bar and providing educational opportunities that will enhance the skills of Iowa's mediators and arbitrators. "I am specifically interested in ADR," says Jeff, "because it plays an important role in settling employment cases, and because I strongly believe the participation of parties in reaching a resolution of a dispute leads to a more satisfactory experience with the legal system."
Meanwhile, Dickinson attorney David Repp recently concluded his 2008-2009 term as chair of the ISBA's Taxation Section. On June 24 David was recognized at the ISBA Annual Meeting President's Banquet for being named this year's Outstanding Section Chair.
ALLYN DIXON ELECTED BOARD MEMBER AND OFFICER OF HISTORIC EAST VILLAGE, INC.
June 30, 2009 - Dickinson attorney L. Allyn Dixon, Jr. was elected to the board of Historic East Village, Inc. on June 29. He will serve a two-year term as a board member and treasurer of the not-for-profit organization whose mission is to represent business and property owners in leading the preservation, support and development of Des Moines' progressive East Village community. Allyn was also appointed to the Board's Marketing, Communications, and Fundraising Committees.
DICKINSON ATTORNEYS SELECTED FOR INCLUSION IN 2009 CHAMBERS USA: AMERICA’S LEADING LAWYERS FOR BUSINESS
June 12, 2009 - The latest edition of Chambers USA: America’s Leading Lawyers for Business was released today, and ten Dickinson attorneys were selected for inclusion. In addition, the firm was one of only eight to be ranked in every area of law researched by Chambers & Partners in the state of Iowa. This year, Chambers lists Helen C. Adams (now in-house at Pioneer Hi-Bred), Russell L. Samson, Bridget R. Penick and Jill R. Jensen-Welch as leaders in Labor & Employment. Paul R. Tyler and Jon P. Sullivan were selected again this year as leaders in Real Estate. J. Marc Ward and Richard A. Malm are listed in the Corporate/M&A area, and Howard O. Hagen was once again selected in the Corporate/M&A: Banking & Finance area. Mollie M. Pawlosky was selected for inclusion in the General Commercial Litigation rankings. Click here to access the Chambers & Partners website, where you can read the research firm's commentary on the Dickinson law firm and its attorneys.
Chambers and Partners, the publisher of Chambers USA: America’s Leading Lawyers for Business, bases its rankings on in-depth interviews with attorneys and clients, giving greater weight to clients’ comments. Chambers and Partners considers its rankings and editorial comments to be independent and objective; no one is allowed to “buy” inclusion in the Chambers USA publication. The attorneys at Dickinson, Mackaman, Tyler & Hagen, P.C. offer sincere thanks to our clients for their generous comments that resulted in our firm being so well represented in the 2009 edition of Chambers. We are humbled by your generous comments and consider it a privilege to work for such fine clients. We also welcome your direct evaluations and remind you that you have a standing invitation to let us know how we can serve you better.
MARY ZAMBRENO RECOGNIZED FOR PRO BONO LEGAL WORK
June 9, 2009 - Dickinson attorney Mary Zambreno was recognized as an outstanding volunteer for the Volunteer Lawyers Project in 2008 at the Polk County Bar Association's annual Law Clerk Luncheon at the Hotel Fort Des Moines.
EMPLOYER ALERT: NEW I-9 FORM EFFECTIVE TODAY
Prepared by Bridget R. Penick
April 3, 2009 - The new Form I-9 (revision date 2/02/2009—printed in the lower right-hand corner of the form) becomes effective today, Friday, April 3, 2009. As reported in previous Employment Law Alerts, the effective date of this new I-9 form has been scheduled and delayed a few times; however, today is the official first day that employers must use the new form.
Both the Form I-9 itself and the List of Acceptable Documents that employees can present to verify their identity and employment authorization have changed. Section One of the Form I-9 has been amended to include a box to check for “noncitizen nationals.” Noncitizen nationals are individuals born in American Samoa, certain citizens of the Trust territories of the Pacific Islands, and some children of noncitizen nationals born outside the United States. Perhaps the most significant change under the new rule is that employers may no longer accept expired documents. This change is intended to reduce fraud and document tampering. Documents without expiration dates, such as Social Security cards, are still acceptable for I-9 verification. Additional changes to the List of Acceptable Documents include the addition of the new U.S. Passport Card and two other documents to List A, as well as the removal of several documents from List A that are no longer issued by USCIS.
Additionally, USCIS's Handbook for Employers: Instructions for Completing the Form I-9 has been updated. The revised Handbook reflects the new I-9's changes and additional requirements, and also provides an explanation of the E-Verify program.
One final reminder: Employers do not need to (and should not) complete a new Form I-9 for any current employees; the new form must be used only for new hires and re-verifications.
If you have questions about the I-9 process, please contact the Dickinson attorney with whom you normally work or a member of the firm’s Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
LARRY JAMES BECOMES IOWA'S FIRST LEED ACCREDITED ATTORNEY
March 27, 2009 - Dickinson attorney Larry James, Jr. has achieved Leadership in Energy and Environmental Design® (LEED) accreditation by the U.S. Green Building Certification Institute, and, according to the U.S. Green Building Certification Institute's website, is the first Iowa attorney to do so. LEED Professional Accreditation distinguishes building professionals with the knowledge and skills to successfully steward the LEED certification process. LEED Accredited Professionals (LEED APs) have demonstrated a thorough understanding of green building practices and principles, as well as the LEED Green Building Rating System, a voluntary, consensus-based national standard for developing high-performance, sustainable buildings.
Larry chose to pursue the LEED AP designation for a number of reasons. "It is essential for an attorney to be able to answer clients' questions about the implications and requirements of LEED certification," says Larry. "There are also a number of liability issues that practitioners should be aware of when drafting contracts for LEED certified projects. I thought it important to educate myself on these issues because LEED is going beyond mainstream to become the norm. More and more, developers will choose to build LEED certified projects because the market is starting to demand it."
Larry is a member of the Real Estate, Green Business & Sustainability Law, and Construction Law Groups at Dickinson, Mackaman, Tyler & Hagen, P.C. in Des Moines. In addition to his law practice, he is a frequent author and speaker on topics related to green building practices, including LEED certification and green building liability. He also donates legal services to the non-profit Green & Main organization, which seeks to revitalize communities through sustainable renovation, and he is a member of the Iowa Wind Energy Association, the Iowa Renewable Energy Association, the Urban Land Institute and the U.S. Green Building Council.
ALLYN DIXON QUOTED IN DES MOINES REGISTER ARTICLE ON TROUBLED ASSET RELIEF PROGRAM
March 8, 2009 - Dickinson attorney Allyn Dixon was quoted several times in an article on the Troubled Asset Relief Program (TARP) in the March 8 Sunday edition of the Des Moines Register. The article explores issues banks must face in deciding whether to accept TARP funds from the U.S. Treasury. Click here to read the full story.
EMPLOYER ALERT: STIMULUS PACKAGE PROVIDES PREMIUM ASSISTANCE FOR COBRA BENEFITS
February 27, 2009 - The American Recovery and Reinvestment Act of 2009 (ARRA), signed into law by President Obama on February 17, 2009, makes significant revisions to health insurance continuation provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). The most significant of these may be a 65% subsidy of COBRA premiums for employees who were/are involuntarily terminated from employment during the period from September 1, 2008 to December 31, 2009. Under the new provision, employers will be required to “front” the subsidy. They will be able to collect 35% of the premium from the eligible employee, pay the insurance carrier 100% of the premium, and later be reimbursed by the government for the remaining 65%. That reimbursement, in the first instance, is taken as a credit when income taxes that have been withheld from employees are remitted to the government on Form 941. Links to relevant IRS forms are listed at the end of this article.
Perhaps of greater interest to smaller Iowa employers, the ARRA concept of COBRA continuation coverage includes not only COBRA itself (which applies to employers with 20 more employees), but also any continuation coverage provided under a similar state law. Iowa law, specifically Iowa Code Chapter 509B, provides for the continuation of health insurance for any employer, and the terms of continuation are different from what COBRA requires. Clearly, employers with fewer than 20 employees that are exempt from COBRA will still be required to comply with this subsidy program if they are subject to the Iowa law, or the law of any other jurisdiction which requires the offer of continuation of group health coverage to their employees.
The ARRA also has provisions for an extended COBRA election period, for an option to change coverage, and for new notice requirements:
- Effective Date: The subsidy is applicable to premiums paid for periods of coverage beginning on or after February 17, 2009. For coverage billed on a monthly basis, premiums paid for coverage periods beginning March 1, 2009 will be the first premiums to which the subsidy applies. The subsidy does not apply to premiums paid for periods of COBRA coverage prior to February 17, 2009.
- Duration of Subsidy: The subsidy is available for a maximum of 9 months of coverage. The subsidy also terminates if:
- The individual becomes eligible for other group health coverage,
- The individual becomes eligible for Medicare benefits,
- The maximum COBRA coverage period required by law terminates. (generally 18 months), or
- In the case of a former employee who elected COBRA under the special election period, the date that COBRA coverage would have terminated beginning on the date the employee could have elected COBRA coverage.
- Extended Election Period: The ARRA provides a 60-day extended election period for subsidy-eligible former employees who did not previously elect COBRA coverage. The employee has 60 days from the date notice is received from the employer to elect coverage. This is going to require a new notice (discussed below) be sent to eligible employees. For employees whose COBRA election had lapsed, but who choose to enroll in COBRA coverage under the special election period, coverage is not retroactive. For such employees, coverage begins for the first period beginning on or after February 17, 2009. (March 2009 for many employees).
- Voluntary Coverage Change Option: If the employer allows, an eligible employee may elect to enroll in a different coverage plan than the individual had at the date of the involuntary termination. The employee has 90 days from the date notice of the option is provided by the employer to change coverage plans. In addition, the employee may only elect to change coverage if:
- The premium for the different coverage does not exceed the premium for the coverage the individual had at the date of termination,
- The different coverage is also offered to the active employees of the employer at the time the election is made, and
- The different coverage is not merely dental, vision, counseling or referral services, a flexible spending arrangement, or on-site treatment consisting primarily of first-aid, wellness care, or similar care.
- Notice Requirements: During the subsidy period, plan administrators are required to provide notice of the availability of the subsidy to COBRA (or state plan) qualified employees. For employees that are terminated in the future, notice of the subsidy program must be provided along with other required COBRA continuation notices. For employees that were terminated from September 1, 2008 to the present time, plan administrators have 60 days from the date of enactment of the ARRA to provide notice of the extended election period to those former employees. This means that notice must be provided to those former employees by April 17, 2009. Under the law, the Department of Labor is required to promulgate “model” notices by March 19, 2009 (thirty days after enactment of the ARRA). With respect to all employees eligible for the subsidy, the notice must provide:
- A prominently displayed description of the employee’s right to a reduced premium and any conditions on that entitlement,
- The forms necessary for establishing eligibility for the subsidy,
- The name, address, and telephone number of the plan administrator and any other person maintaining relevant information,
- A description of the extended election period,
- If the employer permits changing coverage, a description of the option of the employee to enroll in different coverage, and
- A description of the individual’s obligation to inform the plan administrator if the individual becomes eligible for other group health plan coverage or Medicare benefits.
- Employer Reimbursement: As noted above, following the payment of 35% of the premium by the employee, and the payment of 100% to the insurance carrier, the employer is entitled to reimbursement of the remaining 65% of the premium. The reimbursement will be in the form of a credit against payroll tax liabilities. To the extent the credit exceeds payroll tax liability, a refund check will be issued to the employer. As the ARRA appears to be written, the employee must pay the reduced premium before the employer is entitled to the reimbursement for the remaining 65%.
- Miscellaneous Provisions:
- Health Care Flexible Spending Accounts: The subsidy does not apply to COBRA premiums for health care flexible spending accounts.
- Employee Obligation to Notify of New Coverage: The employee must notify the plan administrator in writing if he or she becomes eligible for other group health coverage or Medicare benefits. If the former employee fails to do so, a penalty of 110% the cost of the subsidized portion will be assessed on the individual.
- Refunds for Employees Who Paid Full Premiums: Subsidy-eligible employees who paid full premiums after the ARRA was enacted (beginning March 2009 for monthly premiums) are entitled to a refund of the excess 65% paid. Employers are required to refund the excess or provide a credit against future premium payments under the plan.
- Income Limitations on Subsidy Recipients: While all assistance-eligible employees are technically eligible for the subsidy, certain “high income individuals” will be subject to income tax for the amount of subsidy received. (Others may exclude the subsidy from gross income). The phase-in of taxability begins at AGI of $125,000 and reaches full taxability at AGI of $145,000 for single filers. For joint filers, the phase-in begins at AGI of $250,000 and reaches full taxability at AGI at $290,000. A high income individual may elect to forego the subsidy and pay full COBRA premiums.
What Should Employers Do To Comply?
Identify Eligible Individuals. Initially, employers should identify those individuals who are eligible for the subsidy. Because eligible employees include those terminated on or after September 1, 2008, this requires employers to review terminations dating back to that date. For any employee involuntarily terminated between September 1, 2008, and the present time, employers have until April 18, 2009 to provide notice of the availability of the subsidy and the special election period.
Determine Whether the Employer Will Offer a Coverage Change Option. If the employer offers a same or lower-cost health plan, the employer should decide if it will offer eligible individuals the option to enroll in that different coverage instead of the continuation coverage made available on the date of termination. Under the ARRA, this is voluntary on the part of the employer, and the employee has 60 days following the date of notice of the option from the employer to elect different coverage.
Determine How and When Eligible Individuals Will be Notified. During the subsidy period, employers must provide notice of the subsidy program to all eligible employees. This might be accomplished by amending currently required COBRA continuation notices, or creating new notices to be provided in conjunction with the already-required COBRA notices. Further, eligible former employees who currently have COBRA continuation coverage, and former employees who are eligible to elect COBRA continuation coverage under the special election period, must be notified by April 18, 2009. Employers should determine whether they will create their own notice, or wait for the Model Notices required to be published by the Department of Labor by March 19, 2009. Iowa employers which are only subject to the continuation provisions of Iowa Code Chapter 509B should contact their carrier or insurance agent to determine how continuation under the state law should be handled, especially for those individuals whose right to continuation under the state law has otherwise expired.
Review and Change Payroll Processes. Finally, employers should review and alter their payroll processes to meet the requirements of ARRA. Employers must take necessary steps to provide the subsidy to eligible former-employees. For most employers, this means preparing to provide the subsidy beginning with premiums paid for coverage beginning on March 1, 2009.
Form 941:
http://www.irs.gov/pub/irs-pdf/f941.pdf
Instructions for completing Form 941:
http://www.irs.gov/pub/irs-pdf/i941.pdf
FAQs:
http://www.irs.gov/newsroom/article/0,,id=204708,00.html
News release:
http://www.irs.gov/newsroom/article/0,,id=204709,00.html
If you have questions about the COBRA provisions contained in the ARRA, please contact the Dickinson attorney with whom you normally work or click here to contact a member of the firm's Employment and Labor Law Practice Group.
TWO DICKINSON ATTORNEYS NAMED TO 2009 CLASS OF FORTY UNDER 40 HONOREES
February 2009 - Dickinson attorneys Bridget Penick and Larry James, Jr. were named to the Des Moines Business Record's 2009 class of Forty Under 40 honorees. According to the Business Record, the members of the 2009 Forty Under 40 class were selected "from a veritable flood of nominations, based on their achievements, leadership and community involvement." Bridget, Larry, and their fellow Forty Under 40 honorees will be recognized at an event at the Polk County Convention Center in Des Moines on March 3. Click here to read the Business Record's write-ups on Bridget and Larry.
ARTICLE BY HELEN ADAMS OCCUPIES TOP SPOT ON NEW HR SPOTLIGHT WEBSITE
February 2009 - The most recent "Featured Article" on the home page of Council on Education in Management's new HR Spotlight website is an ADA Amendments Act article by Dickinson employment attorney Helen C. Adams. Helen is one of Council on Education in Management's regular providers of articles, seminars and web-based training programs. For more than 35 years, Council on Education in Management has been helping public and private sector employers find solutions to workplace challenges by providing vital and cutting-edge employment law, workers' comp, and HR best practice information. Council's new HR Spotlight website launched in early February.
PAUL TYLER NAMED 2009 DES MOINES BEST LAWYERS REAL ESTATE LAWYER OF THE YEAR
February 2009 - Dickinson attorney Paul Tyler was named Des Moines Best Lawyers Real Estate Lawyer of the Year for 2009. Paul is listed in the 2009 edition of The Best Lawyers in America in the area of Real Estate Law for the fourth consecutive year. He was also selected for inclusion in the most recent edition of Chambers USA: America's Leading Lawyers for Business in the area of Real Estate.
EMPLOYER ALERT: INTERIM RULES AND NEW I-9 FORM DELAYED
U.S. Citizenship and Immigration Services ("USCIS"), an agency of the Department of Homeland Security, has announced that the most recently revised I-9 form and accompanying Interim Rules will not go into effect today, as anticipated, and instead will be delayed until April 3, 2009. Until the new implementation date, employers should continue to use the I-9 form that has a revision date of 06/05/07 in the lower right-hand corner.
The new form and Interim Rules were first revealed on December 17, 2008 and were to be effective today, February 2, 2009. Now, a 60-day delay has been instituted, and includes an initial 30-day comment period that will close on March 4, 2009.
The USCIS website provides more information on this announcement of delay and I-9s.
If you have questions about I-9s, please contact the Dickinson attorney with whom you normally work or a member of the firm's Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
EMPLOYER ALERT: PRESIDENT SIGNS LILLY LEDBETTER FAIR PAY ACT OF 2009
Prepared by Russell L. Samson
On Thursday, January 29, 2009, President Obama signed into law the first legislation of his White House tenure – the "Lily Ledbetter Fair Pay Act of 2009." This legislation retroactively amends the remedial provisions of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, Title I and Section 503 of the Americans with Disabilities Act of 1990, and Sections 501 and 503 of the Rehabilitation Act of 1973. The change, however, applies only to claims of unlawful discrimination in compensation. It provides that for such claims, an unlawful or discriminatory practice "occurs" each and every time a person is "affected by an application of an unlawful decision or practice." The statute specifically provides that this would include "each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice."
A more detailed discussion of this legislation and its potential impact on employers is posted on our website. A copy of the enrolled bill is available on the internet.
If you have questions about the Lily Ledbetter Fair Pay Act of 2009, please contact the Dickinson attorney with whom you normally work or a member of the firm's Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
EMPLOYER ALERT: IOWA SUPREME COURT EXPANDS WRONGFUL DISCHARGE CAUSE OF ACTION TO INCLUDE INDIVIDUAL LIABILITY OF CORPORATE OFFICERS AND VIOLATION OF PUBLIC POLICY BASED UPON REGULATIONS
Prepared by Rebecca Boyd Dublinske
On January 23, 2009, the Iowa Supreme Court expanded the scope of wrongful discharge claims to allow for claims of "wrongful discharge" against individuals in addition to the employer/corporate entity. In Jasper v. H. Nizam, Inc., the Court found that an owner/president of a company that operated child care facilities could be held liable for his actions in terminating a employee for raising objections to a proposed decrease in staff-to-child ratios at a center. In addition, the Court found that an administrative regulation issued by the Iowa Department of Human Services, as opposed to a statute, can provide the basis for a wrongful discharge claim. A more detailed discussion of this case and its potential impact on employers and corporate officers is posted on our website.
If you have questions about the Iowa Supreme Court's recent expansion of the scope of wrongful discharge cause claims, please contact the Dickinson attorney with whom you normally work or a member of the firm's Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
EMPLOYER ALERT: E-VERIFY FOR FEDERAL CONTRACTORS ON HOLD (AGAIN)
Prepared by Bridget R. Penick
As reported earlier this month, the effective date of the new rule that will require federal government contractors to use the E-Verify program to verify the work authorization of all new hires, as well as existing personnel assigned to perform work on continuing federal contracts, was delayed because of a pending lawsuit.
This week, the U.S. government agreed to another delay, until May 21, 2009, for the implementation of the new rule requiring federal contractors to use the federal government’s E-Verify employment eligibility system.
The lawsuit filed by SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel is still pending against the government challenging the legality of the rule. However, this agreement suspends court proceedings so the Obama Administration can review the rule.
What does this mean for federal contractors? If you have already registered for E-Verify, you must continue to use it for new hires, pursuant to the terms of the Memorandum of Understanding that you signed. To quit using E-Verify, you must provide 30 days written notice to the government.
If you have questions about E-Verify, please contact the Dickinson attorney with whom you normally work or a member of the firm’s Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
JENSEN-WELCH BECOMES SHAREHOLDER OF THE FIRM
Jill Jensen-Welch, formerly an associate at Dickinson, Mackaman, Tyler & Hagen, P.C., became a shareholder of the firm effective January 1, 2009. Jill graduated from Drake Law School with high honors in 2003 and joined the firm as an associate in that year. Jill is a member of the firm's Employment & Labor Law Group and was selected for inclusion in the most recent edition of Chambers USA: America's Leading Lawyers for Business in the area of Labor & Employment.
"Jill's intelligence, human resources experience and strong work ethic make her a great asset to the firm and our business clients," said Helen Adams, president of the firm's board of directors. "We are thrilled to have Jill join us as a shareholder."
EMPLOYER ALERT: E-VERIFY FOR FEDERAL CONTRACTORS ON HOLD
Prepared by Bridget R. Penick
In June 2008, President Bush issued an amendment to Executive Order 12989 that would require federal government contractors to use the E-Verify program to verify the work authorization of all new hires, as well as existing personnel assigned to perform work on continuing federal contracts.
In November 2008, a new rule implementing these requirements was published in the Federal Register. The rule requires most federal contractors and subcontractors to use E-Verify for both newly hired employees as well as those already working directly on a government contract. The process would be radically different from the current E-Verify system, which is a voluntary system that can only be used for new hires.
The rule was scheduled to become effective on January 15, 2009. However, various employment-related associations filed suit in U.S. District Court to stop the rule's implementation, arguing that the government exceeded its authority by mandating (a) a program designed as a voluntary pilot project and (b) the re-verification of current employees, currently not allowed under E-Verify.
On January 14, the Federal Register reported that the effective and applicability date was officially delayed until February 20, 2009. This means that the government will not include the E-Verify clause in any contract solicitations or awards issued before February 20, 2009.
The parties seek to have an expedited hearing on the lawsuit. We will issue further Employer Alerts if the status of the rule changes.
If you have questions about E-Verify, please contact the Dickinson attorney with whom you normally work or a member of the firm's Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
EMPLOYER ALERT: HIGHLIGHTS OF THE FINAL REVISED FMLA REGULATIONS
Prepared by Helen C. Adams
On January 16, 2009, the Department of Labor’s (“DOL”) final revised FMLA regulations, which were published on November 17, 2008, become effective. A review of this summary will help employers determine what policy and procedural changes need to be made to remain in compliance with the FMLA and its implementing regulations. Highlights of the key changes being made by the final regulations are discussed below.
Effective Date
The new regulations take effect on January 16, 2009, which is sixty (60) days from the date they were published by the DOL.
Military Family Leave
In January of 2008, President Bush signed the National Defense Authorization Act into law, which amended the FMLA to add two types of military family related leave to FMLA qualifying leave. The DOL’s final regulations provide guidance to employers on the complexities of the new military family leave as summarized in the following paragraphs.
- Military Caregiver Leave. Eligible employees who are family members of covered service members are entitled to use up to 26 workweeks of leave in a “single twelve-month period” to care for a covered service member who: (1) is on the temporary disability retired list; (2) has a serious injury or illness “incurred in the line of duty on active duty” for which the service member is undergoing medical treatment, recuperation or therapy; or (3) is otherwise on outpatient status. For purposes of calculating leave entitlement, The regulation states that for purposes of calculating leave entitlement the single twelve-month period “begins on the first day the eligible employee takes FMLA leave to care for a covered service member,” regardless of the method used by the employer to determine the employee’s twelve workweeks of leave entitlement for other FMLA-qualifying reasons. Employers need to remember that military caregiver leave is unique from other types of FMLA leave both in terms of the length of the leave and in terms of calculating the 12 month period during which leave can be taken.
- Qualifying Exigency Leave. The new regulations outline the parameters of qualifying exigency leave. The regulations specify that the normal twelve workweeks of FMLA job-protected leave shall be provided to eligible employees with a covered military member serving in the National Guard or Reserves to use for any “qualifying exigency” arising out of the fact that such member is on active duty or called to active duty status. The term “qualifying exigencies” is defined to include the following eight categories (with various limitations and conditions): (1) short-notice deployment; (2) military events and related activities; (3) childcare and school activities; (4) financial and legal arrangements; (5) counseling; (6) rest and recuperation; (7) post-deployment activities; and (8) “additional activities” not addressed in the other categories, provided that both the employer and the employee agree to the timing and duration of such leave.
General Changes to the FMLA Regulations
In addition to providing guidance on the new military family member leave, the final regulations also update the general FMLA regulations which have been in effect for 15 years. Highlights of those changes are discussed below.
Eligible Employees. To be an eligible employee, the employee still must: (1) have been employed by the covered employer for at least twelve months, (2) have worked at least 1,250 hours during the twelve-month period immediately preceding the start of leave, and (3) be employed at a work site that has fifty or more employees within a seventy-five mile radius. The new regulations provide that if an employee has a break in service that lasts seven years or less, the employee’s previous employment must be counted when determining if the employee has been employed for at least twelve months. As always, there is an exception to every rule. Therefore previous employment prior to a break in service of more than seven years also must be counted when the break is caused by the fulfillment of National Guard or Reserve military service obligations or “a written agreement, including a collective bargaining agreement, exists governing the employer’s intent to re-hire the employee after the break.”
Serious Health Condition. The six counterparts of the definition of a “serious health condition” continue with no significant revisions. The DOL, however, has provided clarification with respect to three of the counterparts. With respect to conditions involving more than three consecutive, full calendar days of incapacity plus two or more treatment visits to a healthcare provider, the regulations now require that the two visits must occur in-person within 30 days of the first day of incapacity (unless extenuating circumstances exist), and the first in-person visit must take place within 7 days of the start of incapacity. Similarly, with respect to serious health conditions involving three consecutive, full calendar days of incapacity plus a regimen of continuing treatment, the first visit to the healthcare provider must occur in-person within 7 days of the first day of incapacity. Additionally, “chronic conditions” must involve at least two visits for treatment by a healthcare provider annually.
Employee Notice Obligations
- Foreseeable Leave. Employees are still expected to provide employers with at least thirty (30) days advance notice before FMLA is to begin in the event of foreseeable leave. If such notice is not practicable (e.g., because of lack of knowledge of approximately when leave will begin), notice must be given “as soon as practicable.” The DOL has clarified that it generally should be “practicable” for the employee to provide notice “either the same day or the next business day” of when the employee becomes aware of the need for the leave.
- Unforeseeable Leave. In the event of unforeseeable leave, employees must provide notice to the employer “as soon as practicable.” The new regulations state that “it generally should be practicable for the employee to provide notice of leave that is unforeseeable within the time prescribed by the employer’s usual and customary notice requirements applicable to such leave” (e.g., calling in to a specified number or contact individual). Employers should make sure that they clearly delineate in writing the specific call-in procedures that any employee should follow to report an absence.
- Content of Employee Notice. Pursuant to the revised regulations, for foreseeable leave, employees must provide sufficient information for an employer to be “aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.” As to unforeseeable leave, employees are required to provide “sufficient information for an employer to reasonably determine whether the FMLA will apply to the leave request.” However, employees, when seeking leave for the first time for a FMLA-qualifying reason, are not required to expressly assert or reference their rights under the FMLA. The regulations now specify that employees seeking leave due to a qualifying reason for which the employer has granted FMLA leave to the employee in the past “must specifically reference either the qualifying reason for leave or the need for FMLA leave.” The new regulations further clarify that “calling in ‘sick’ without providing more information” is not sufficient notice to trigger an employer’s obligations under the FMLA.
Employer Notice Obligations
The DOL has re-organized the four types of FMLA employer notice requirements into one section of the regulations. Furthermore, the DOL has provided employers with prototypes of each type of notice to be used or incorporated into the employer’s FMLA procedures.
- General Notice. Covered employers are still required to post a notice explaining the FMLA’s provisions and providing information concerning procedures for filing complaints with the DOL. Recognizing the realities of the modern employment environment, the new regulations note that electronic posting is sufficient, provided employees and applicants can access the electronic materials. Thus, an employer could post the FMLA information on a company website or intranet as long as it employees and job applicants could access the information. The new regulations do clarify that the general notice also must be supplied to employees in employee handbooks or other written guidance if the company has such materials or “by distributing a copy of the general notice to each new employee upon hiring.”
- Eligibility Notice. Under the new regulations, when an employee requests FMLA leave or the employer acquires knowledge that an employee’s absence may be for an FMLA-qualifying reason, “the employer must notify the employee of the employee’s eligibility to take FMLA leave within five (5) business days, absent extenuating circumstances.” If the employee is ineligible for FMLA leave, the employer’s notice must state at least one reason why the employee is ineligible.” Once an employee’s eligibility is verified, “all FMLA absences for the same qualifying reason are considered a single leave,” and the employee’s eligibility for that reason continues and “does not change during the applicable twelve-month period.”
- Rights and Responsibilities Notice. In addition to the eligibility notice, employers also must provide written notice to an employee “each time the eligibility notice is provided” regarding specific FMLA expectations and obligations of the employee, as well as the consequences if the employee does not comply with those obligations. This notice may be accompanied by the applicable FMLA medical certification form, if the employer is requiring a completed medical certificate in support of the FMLA leave request.
- Designation Notice. Employers are also required to provide notice to employees “designating leave as FMLA-qualifying.” Such notice must be provided within five (5) business days after an employer “has enough information to determine whether leave is being taken for a FMLA-qualifying reason,” absent extenuating circumstances. Thus, unlike the current regulations that require “provisional” FMLA leave designations in some circumstances, employers may now delay final leave designation until a completed and adequate medical certification form has been returned.
Leave Entitlement
- Minimum Leave Increment and Physical Impossibility Rule.
Medical Certification
- Timing. Employers now have 5 (versus 2) business days after the employee gives notice of the need for leave (or the date that leave begins in the event of unforeseeable leave) to request that an employee furnish medical certification.
- Separate Employee and Family Member Forms. Under the new regulations, the DOL has created two separate medical certification forms – one for an employee’s own serious health condition, and one for that of a family member.
- Incomplete / Vague Certification. If an employer receives an incomplete or “vague, ambiguous or non-responsive” medical certification, the employer must provide the employee seven (7) calendar days to cure any deficiency (unless “not practicable under the particular circumstances despite the employee’s diligent good faith efforts”). If the deficiencies identified by the employer are not cured by the employee within the time frame required, the employer may deny the FMLA leave. The DOL has clarified that a certification that is never returned is not considered incomplete or insufficient, but “constitutes a failure to provide certification.”
- Healthcare Provider Follow-Up. A major change provided by the revised regulations allows an employer representative to contact the employee’s healthcare provider directly for purposes of clarification and authentication of medical certification forms after giving an employee the opportunity to cure any deficiencies. Such contact must be made through a healthcare provider, a human resources professional, a leave administrator or some other management official of the employer. Under no circumstances may the contact to the healthcare provider be made by the employee’s direct supervisor.
- Extended / Chronic Conditions. Where a serious health condition (for an employee’s own condition or that of a family member) lasts beyond a single leave year, employers may now require employees to provide a new medical certification each new leave year.
- ADA / Workers’ Compensation Data. The new regulations confirm that employers may consider information provided by employees and their healthcare providers in connection with Americans With Disabilities Act (ADA) disability or reasonable accommodation requests and/or workers’ compensation claims. Such medical information also may be used to evaluate medical certifications and determine an employee’s entitlement to FMLA-qualifying leave.
- Fitness for Duty Certification/Essential Job Functions. The new regulations specifically allow employers to “require that the [fitness for duty] certifications specifically address the employee’s ability to perform the essential functions of the employee’s job.”
- Fitness for Duty Certification/Job Safety Exception. The new regulations continue the current prohibition against employers requesting fitness to return to duty certificates for employees on intermittent or reduced leave schedules. Employers, however, may request a fitness for duty certificate for such absences up to once every 30 days “if reasonable safety concerns exist regarding the employee’s ability to perform his or her duties, based on the serious health condition for which the employee took such leave.”
Job Restoration/Incentive Awards. The new regulations still provide that with some limited exceptions, employees have a right to job restoration to the same or an equivalent position upon return from authorized FMLA leave. This job restoration right includes the right to the same or equivalent pay, benefits and working conditions. However, the new regulations provide that if an employer award or other payment is based on the achievement of a specified goal such as hours worked, products sold or perfect attendance which the employee has not met due to FMLA leave, “then the payment may be denied, unless otherwise paid to employees on an equivalent leave status for a reason that does not qualify as FMLA leave.”
Liability Waivers. Contrary to a previous opinion from the 4th Circuit Court of Appeals, the new regulations clarify that employees may voluntarily settle or release any actual or potential FMLA claims against an employer without the requirement of court or DOL approval. It should be noted, however, that prospective waivers of FMLA rights continue to be prohibited.
Employer Next Steps
While the new regulations provide additional guidance on specific issues under the FMLA, questions about proper interpretation of the FMLA will continue to arise for employers. To prepare to implement the new regulations as FMLA issues develop in your company, employers should:
- Not panic.
- Review and familiarize themselves with the new regulations.
- Evaluate their current FMLA policies and practices in light of the new regulations and revise their current policies, notices and forms accordingly to comply with the new FMLA requirements.
- Consult with the company’s employment law legal counsel about any questions or assistance that the company may need to remain in compliance under the revised FMLA regulations.
- Create a list of questions that you anticipate employees will ask about the new FMLA regulations and related changes that you may make to your policies so that you can prepare a list of frequently asked questions and answers to distribute to supervisors and possibly employees in the company.
- Evaluate any FMLA situations that you have currently pending at your company so you can determine whether any modifications need to be implemented.
- Schedule training for human resource professionals, front-line managers and other personnel involved in day-to-day implementation of the FMLA so that they understand the changes wrought by the new regulations.
If you have questions about the new regulations, or need assistance in updating your current FMLA policies and procedures or training your supervisors and employees on the requirements of the new FMLA regulations, please contact a member of the Dickinson Law Firm employment law group.
LINKS TO MATERIALS:
The revised FMLA poster can be accessed for copying at:
http://www.dol.gov/esa/whd/fmla/finalrule/FMLAPoster.pdf
The DOL forms discussed in the materials can be accessed at the following locations. (Note, many of the “PDF” forms may be completed for a particular situation, and then printed off.)
FMLA Certification of Health Care Provider for Employee's Serious Health Condition (WH-380E):
http://www.dol.gov/esa/whd/forms/WH-380-E.pdf
FMLA Certification of Health Care Provider for Family Member's Serious Health Condition (WH-380F):
http://www.dol.gov/esa/whd/forms/WH-380-F.pdf
FMLA Notice of Eligibility and Rights and Responsibilities (WH-381):
http://www.dol.gov/esa/whd/fmla/finalrule/WH381.pdf
FMLA Designation Notice (WH-382):
http://www.dol.gov/esa/whd/forms/WH-382.pdf
Certification of Qualifying Exigency for Military Family Leave (WH-384):
http://www.dol.gov/esa/whd/forms/WH-384.pdf
Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave (WH-385):
http://www.dol.gov/esa/whd/forms/WH-385.pdf.
J. MARC WARD APPOINTED BY GOVERNOR CULVER TO IOWA STUDENT LOAN BOARD
Dickinson attorney Marc Ward is one of ten Iowans recently appointed to the Iowa Student Loan Board by Iowa Governor Chet Culver. The appointments were announced in a press release from the Governor's Office on January 6, 2009, and in a Des Moines Register article of the same date. Marc will serve a term that expires on June 30, 2011.
Iowa Student Loan is a private, nonprofit corporation with a mission to help students and parents obtain the financial resources needed to fund postsecondary education. The company is based in West Des Moines, Iowa, and employs 370 employees. It is governed by a Board of Directors that, since its inception, have been appointed by the Governor of Iowa.
DICKINSON ATTORNEY LARRY JAMES, JR. NAMED 2008 YOUNG PROFESSIONAL OF THE YEAR
The Greater Des Moines Partnership's Young Professionals Connection (YPC) selected Dickinson attorney Larry James, Jr. to receive the 2008 Amy Jennings Young Professional of the Year Award. The award is given annually to a young professional who exemplifies YPC’s mission of attracting and retaining young professionals to Greater Des Moines through civic, charitable, social, and professional development endeavors. Larry was commended for his work in these areas and presented with the award at the YPC's annual meeting on December 10, 2008. To learn more about Larry's efforts to make Des Moines a "better, greener, and more fun place for young professionals," see the full story released by the Greater Des Moines Partnership's Young Professionals Connection.
DICKINSON ATTORNEYS JOIN PILOT PROJECT TEAM FOR NON-PROFIT "GREEN & MAIN" ORGANIZATION
Green building is happening all over the country, but often the focus is on new buildings and fails to address the importance of renovating existing buildings. The Green & Main organization is leading the effort to revitalize communities by enhancing the long term value of existing buildings using sustainable building practices. The pilot project is a mixed-use masonry building in the historic Sherman Hill Neighborhood in Des Moines, Iowa, for which the Platinum LEED rating will be sought and which will serve as the foundation for applied best practices to provide a plan to help preserve existing buildings in communities across the country. Green & Main will document the process of the renovation and continually update information on the project's process, design, materials and systems. The result will be the Green & Main Best Practices Manual of shared learnings, plans and measurements.
Green & Main's pilot project team is composed of experienced leaders in various fields who are working together not only to renovate an existing building, but also to transform the way in which existing buildings are rehabbed in communities across Iowa and beyond. Attorneys from Dickinson's Green Business & Sustainability Law Group are extremely pleased to have joined the pilot project team for Green & Main, providing pro bono legal services for the organization in numerous areas of law including real estate, trademarks, contracts and taxation.
DICKINSON ATTORNEY JOAN FLETCHER AUTHORS IOWA CHAPTERS OF NEWLY-RELEASED DEFENSE RESEARCH INSTITUTE COMPENDIUM
On December 4, 2008, the Defense Research Institute announced the release of a new compendium of state law on trade secrets and non-competition covenants. A project of DRI's Commercial Litigation Committee, this publication describes each state's law and procedure in these increasingly important subject areas. Dickinson attorney Joan M. Fletcher authored the Iowa chapters on both trade secrets and non-competes. For more information about this new publication, please visit DRI's online bookstore.
EMPLOYER ALERT: DEPARTMENT OF LABOR ISSUES LONG-AWAITED REVISED FMLA REGULATIONS
Prepared by Helen C. Adams
On November 17, 2008, the U.S. Department of Labor (“DOL”) published final revised regulations implementing the Family and Medical Leave Act of 1993 (“FMLA”) and the amendments to the FMLA under the National Defense Authorization Act for Fiscal Year 2008. The new regulations were printed in the Federal Register and span over 200 pages. The following link will take you to the regulations: http://edocket.access.gpo.gov/2008/pdf/E8-26577.pdf
The new regulations take effect on January 16, 2009 and represent a substantial restructuring and revising of the existing regulations. Additionally, the revised regulations implement the recently enacted military family leave amendments to the FMLA. Employers will need to take action to keep their FMLA administration in compliance with the new regulations, such as revising existing FMLA policies to incorporate changes to non-military family FMLA leave, adding provisions to handle military family leave, modifying FMLA forms, and training supervisors and human resource personnel about the changes. If you have questions about what actions you need to take or to learn about training opportunities, please contact one of the attorneys in our employment law section.
The revised regulations change a number of the FMLA regulations, some more significantly than others, including provisions dealing with the employer and employee notice provisions (substantial overhaul), serious health condition (minor changes), medical certification requirements (major changes), handling of intermittent leave (minor changes), substitution of paid leave, perfect attendance and safety bonuses (they are back), and FMLA waivers.
The Dickinson, Mackaman, Tyler & Hagen, P.C. employment law section is preparing a summary of the revised regulations which will be posted on our website at www.dickinsonlaw.com.
EMPLOYER ALERT: NEW E-VERIFY DEVELOPMENTS FOR FEDERAL CONTRACTORS
Prepared by Bridget R. Penick
Final regulations that will require federal contractors and subcontractors to use E-Verify were published in the Federal Register on November 14, 2008. As we informed you in a previous Employment Law Alert, President Bush signed an executive order earlier this year requiring federal contractors to use E-Verify, but the requirement will not become mandatory until the new rule regulations take effect on January 15, 2009.
E-Verify is the online system overseen by USCIS in which employers can confirm the employment eligibility of employees. Currently, E-Verify is a voluntary system available to all employers who want to verify employment eligibility of new hires (and not current employees). Employers can learn more about and enroll in E-Verify.
The new rule requires federal contracts to include a clause that stipulates that businesses must use E-Verify to determine if all new hires and current employees performing work directly on federal contracts are authorized to work in the United States.
The new E-Verify regulations will apply to federal contracts awarded after the January 15, 2009 effective date. The rule requires federal agencies to review existing contracts and, if the contract delivery dates or work arrangements extend six months beyond January 15, 2009, the parties must amend the agreements to include the E-Verify requirements. Companies that sign contracts with the federal government will be required to enroll in E-Verify within 30 days of the contract award date.
The rule exempts contracts of less than $100,000 and subcontracts of less than $3,000 and stipulates that federal agencies can waive the E-Verify requirement in "exceptional circumstances." Also exempt are contracts for products that the rule defines as "commercially available off-the-shelf items."
Business and immigration advocacy groups have criticized the executive order and are contemplating filing a lawsuit to stop the new regulations.
If you have questions about E-Verify, please contact the Dickinson attorney with whom you normally work or a member of the firm's Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
REBECCA DUBLINSKE NAMED FELLOW OF LITIGATION COUNSEL OF AMERICA
Dickinson attorney Rebecca Boyd Dublinske has been selected as a Fellow of the Litigation Counsel of America. Rebecca is a shareholder and senior litigator in the firm's employment law and litigation sections. She received her Juris Doctor degree from the University of Iowa College of Law in 1986.
The Litigation Counsel of America is a trial lawyer honorary society composed of experienced and effective litigators throughout the United States and represents less than one-half of one percent of American lawyers. Fellowship in the LCA is limited and by invitation only. LCA Fellows are deemed to be among the best trial lawyers in the American bar, who have exhibited accomplishment in litigation and trial work, and have superior ethical reputations. The composition of the Litigation Counsel of America is aggressively diverse, with recognition of excellence in litigation across all segments of the bar. In addition, the LCA is dedicated to promoting superior advocacy, professionalism and ethical standards among its Fellows.
DICKINSON ATTORNEY HELEN ADAMS TO BE FEATURED SPEAKER AT TRAINING SESSION ON IOWA'S DRUG AND ALCOHOL TESTING LAW
Dickinson attorney Helen C. Adams will be the featured speaker at an upcoming training session on Iowa's drug and alcohol testing law hosted by Iowa Workforce Development and the Southwest Iowa Employers' Council. The training session will be held at Ameristar, 2202 River Road, Council Bluffs, from 10:00 am - 2:30 pm on Wednesday, November 12, 2008. Some program topics include statutory definitions of drugs, alcohol test scheduling, cost and procedures, handling positive results, who can be tested and under what circumstances, employer resources and more. All business owners, human resources personnel, managers, line supervisors and staff are welcome to attend. This program has been approved for 4.0 general recertification credit hours towards PHR, SPHR and GPHR recertification through the Human Resource Certification Institute and meets the one-hour continuing education requirement for supervisors under Iowa Code Section 730.5 9(h). A certificate of attendance will be provided at the training session. Pre-registration is required. Registration is $50 and covers both meeting expenses and lunch. Contact Carol Morgan by Friday, November 7, at 712-242-2131 or carol.morgan@iwd.iowa.gov.
ELEVEN DICKINSON ATTORNEYS SELECTED FOR INCLUSION IN 2009 EDITION OF BEST LAWYERS IN AMERICA
Eleven Dickinson attorneys have been selected for inclusion in the 2009 edition of The Best Lawyers in America, an annual compilation based on an exhaustive and rigorous peer-review survey. Dickinson's attorneys honored in the 2009 edition of Best Lawyers are: Helen C. Adams in labor and employment law; Bret A. Dublinske in communications law and in energy law; Howard O. Hagen in banking law; Jeffrey A. Krausman in labor and employment law; F. Richard Lyford in commercial litigation; David M. Repp in tax law and in trusts and estates; Russell L. Samson in labor and employment law; Jon P. Sullivan in bankruptcy and creditor-debtor rights law and in real estate law; Paul R. Tyler in real estate law; John K. Vernon in family law; and J. Marc Ward in banking law and in corporate law.
Dickinson, Mackaman, Tyler & Hagen, P.C. has more listed lawyers in Best Lawyers in the fields of energy law and labor/employment law than any other firm in Iowa. Dickinson also has more listed lawyers in Best Lawyers in the field of bankruptcy/creditor-debtor rights than any other firm in Des Moines. More than two-thirds of Dickinson's shareholder attorneys are listed in Best Lawyers, Chambers USA: America's Leading Lawyers for Business, or Super Lawyers, and many are listed in more than one of the above publications and/or multiple areas of law within the same publication.
EMPLOYER ALERT: AMENDED ADA EQUALS MORE PROTECTED INDIVIDUALS
Prepared by Emily S. Hildebrand Pontius
President Bush signed the Americans with Disabilities Amendments Act (Amendments) on September 25, 2008. The Amendments will go into effect on January 1, 2009. The Amendments purport to restore to the Americans with Disabilities Act of 1990 the broad protection for disabled Americans originally intended by Congress while undoing the work of four U.S. Supreme Court decisions, as well as every federal and state case that relied on those decisions. The changes brought about by the Amendments require action by employers. Existing policies regarding reasonable accommodation will likely need to be changed, and job descriptions, handbooks, and internal procedures may require adjustment to comply with the amended ADA.
More applicants and employees may now be considered disabled under the ADA because the Amendments make clear that the definition of disability should be “construed in favor of broad coverage.” Prior case law said that to be substantially limited in performing a major life activity under the ADA “an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people’s daily lives.” Applicants and employees will no longer have to meet this high standard to gain protection under the ADA. The Amendments also clarify that:
· Applicants and employees may now be considered disabled under the ADA even if mitigating measures are effectively utilized to help the individual function. Indeed, three of the four Supreme Court cases that were abrogated rested on the conclusion that mitigating measures must be taken into account in determining whether a person has a disability.
· An applicant or employee will be considered disabled under the ADA if he or she has an episodic impairment or condition that is in remission, provided the episodic impairment or condition substantially limits a major life activity when it is active.
· An employee will be “regarded as” disabled under the ADA if he or she has been subjected to an adverse employment action because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
The practical implications of the Amendments, as well as recommendations for action, will be discussed more fully at the firm’s employment law seminar for clients on October 16 at Stoney Creek Inn & Conference Center in Johnston. If you would like more information on registering for the seminar, please contact Aimee Oakley-Runyan by calling 515-246-4508 or emailing aoakley@dickinsonlaw.com.
DICKINSON WELCOMES NEW ASSOCIATE ATTORNEY CHRISTINE FLEMING HALBROOK
Dickinson, Mackaman, Tyler & Hagen, P.C. is pleased to announce that Christine Fleming Halbrook has joined the firm as an associate. Christine joins the firm after graduating with honors from Drake University Law School, Des Moines, Iowa, where she was a a member of the Drake Law Review. Christine graduated from The Wharton School, University of Pennsylvania, in 2002 with a Bachelor of Science degree in economics with a dual concentration in marketing and communications. Christine is a Des Moines, Iowa, native.
DICKINSON TO HOST 2008-09 AMERICAN COUNCIL ON RENEWABLE ENERGY (ACORE) SEMINAR SERIES
Dickinson, Mackaman, Tyler & Hagen, P.C. is proud to be hosting the American Council on Renewable Energy's (ACORE) 2008-09 Renewable Energy Seminar Series. These monthly seminars provide an opportunity to network and discuss the subject matter with renewable energy lawyers, federal and state policy makers, and business experts. The seminars are open to ACORE members, ABA members and all those involved in aspects of law, policy, business, or financing in the renewable energy or distributed generation fields. For more information or to RSVP for seminars in the series, please contact Jeff Anderson at 515-246-4503 or Aimee Oakley-Runyan at 515-246-4508.
DICKINSON ATTORNEYS HEAD THREE ISBA SECTIONS/COMMITTEES
Dickinson attorneys recently assumed leadership of three sections or committees of the Iowa State Bar Association. Dick Lyford is chair of the Legal Heritage Committee, Helen Adams is chair of the Labor and Employment Law Section, and David Repp is chair of the Taxation Section. In addition, Dick Lyford was recently appointed to a three-year term as a member of the Iowa Board of Law Examiners.
POLK COUNTY WOMEN ATTORNEYS ANNUAL CHARITY EVENT SETS FUNDRAISING RECORD UNDER DICKINSON ATTORNEY'S LEADERSHIP
On September 11, 2008, the Polk County Women Attorneys organization held its annual basket auction to benefit the Young Women's Resource Center located in Des Moines. Under the leadership of Dickinson attorney Megan Erickson and co-chair Kristi Harshbarger of the Brown Winick law firm, this year's auction set a new fundraising record for the annual event. Three baskets sold for $1000 or more, and the event netted more than $16,000 in all. The PCWA basket auction is the second largest fundraising event of the year for the Young Women's Resource Center.
REBECCA BOYD DUBLINSKE NAMED BLACKSTONE INN OF COURT BARRISTER
Rebecca Boyd Dublinske has been invited to become a Barrister in the Blackstone Inn of Court. Other firm members of the Blackstone Inn of Court are Helen C. Adams, Bridget R. Penick, Emily S. Pontius and Megan J. Erickson. Mollie M. Pawlosky and Jill Jensen-Welch are members of and F. Richard Lyford is a Master in the C. Edwin Moore Inn of Court.
American Inns of Court are societies of advocates. The primary responsibility of the invitation-only membership is the education of advocates through collegiality and the mentor-pupil relationship. For more information on the American Inns of Court go to http://www.innsofcourt.org/.
DICKINSON INTRODUCES GREEN BUSINESS & SUSTAINABILITY LAW GROUP; ACCEPTS ABA AND EPA SUSTAINABILITY CHALLENGES
Dickinson, Mackaman, Tyler & Hagen, P.C. is pleased to announce the formation of its Green Business & Sustainability Law Group, thought to be the first of its kind in Iowa. The group began organizing last fall in response to client needs and a changing regulatory horizon. The new practice group builds upon the firm’s established reputation in traditional practice areas such as real estate, construction, corporate, banking, commodities, securities, litigation, energy, utilities, and land use/planning/zoning law. The firm’s attorneys have handled “green” legal issues in areas such as renewable energy financing, green building ordinances, biofuels, wind energy development, environmental regulatory compliance, environmental litigation, the emerging carbon credit/offset markets and the tax implications of sustainability initiatives.
The firm is also the first in Iowa to enroll in the American Bar Association’s (ABA) Law Office Climate Challenge and is one of only 14 businesses or public entities in Iowa recognized as a Partner in the Environmental Protection Agency’s (EPA) WasteWise program, targeted at reducing paper waste. To affirm its dedication and commitment to reducing its impact on the environment and to meet the challenges set forth by the ABA and EPA programs, the firm has developed a set of internal initiatives and best practices—“The Dickinson Green Guide”—aimed at making the firm’s own operations more sustainable. The initiatives outlined in the document include practices such as purchasing recycled or biodegradable paper and office supplies, reducing paper use by double-sided printing and electronically distributing and storing documents, recycling, encouraging use of non-disposable tableware, programming energy-efficient modes on electronic equipment, and offering employees financial incentives to ride the bus, carpool, ride a bike, or walk to work. Clients and other constituents of the firm will notice other green touches, such as email signature blocks encouraging recipients to consider the environment before printing emails and attachments.
To read a related story published buy the Des Moines Business Record, visit http://www.businessrecord.com/main.asp?SectionID=5&SubSectionID=9&ArticleID=6681. To read the firm's full press release regarding its new practice group and green initiatives, visit http://www.dickinsonlaw.com/docs/publications/250.pdf. For additional information on Dickinson’s Green Business & Sustainability Law Group or the firm’s green initiatives, contact attorney Jeff Andersen, chair of the Green Business & Sustainability Law Group. For more information on the ABA’s Law Office Climate Challenge and the EPA’s WasteWise program, visit http://www.abanet.org/environ/climatechallenge.
EMPLOYER ALERT: NEW E-VERIFY DEVELOPMENTS
Prepared by Bridget R. Penick
Employers should become aware of two recent developments regarding the use of United States Citizenship and Immigration Services (USCIS) E-Verify employment verification program. E-Verify is an on-line system in which employers can voluntarily enroll to confirm the employment eligibility of new hires and confirm their social security numbers. Employers input information provided by an employee on Form I-9. Within seconds, the system provides either (1) verification that a match has been found in the Social Security Administration (SSA) or the Department of Homeland Security's (DHS's) database, or (2) "nonconfirmation" notice that there was no match, in which case the employer must provide the employee with a written notice of the nonconfirmation. The employee is then required to indicate on the notice whether he or she wishes to contest the nonconfirmation. If he or she chooses to contest, the employer must issue a second notice to the employee that he or she has eight days to visit an SSA office or call the USCIS to resolve the discrepancy. If the employee contests the nonconfirmation, the employer is prohibited from terminating or taking other adverse action against the employee until the matter is resolved. Employers can learn more about and enroll in E-Verify at: http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm .
Federal Contractors Required to use E-VERIFY
On June 6, President Bush issued an amendment to Executive Order 12989 requiring all federal government contractors to use E-Verify to verify the work authorization of all new hires, as well as existing personnel assigned to perform work on continuing federal contracts. The amended Executive Order states: “Contractors that adopt rigorous employment eligibility confirmation policies are much less likely to face immigration enforcement actions, because they are less likely to employ unauthorized workers, and they are therefore generally more efficient and dependable procurement sources than contractors that do not employ the best available measures to verify the work eligibility of their workforce.” On June 12, the Federal Acquisition Regulation Council issued a proposed rule to implement this change. While the Executive Order does not address whether subcontractors also will be required to use E-Verify, the FAR Council’s proposed rule would require E-Verify to also be used by employers who have subcontracts of more than $3,000 for services or construction. The text of the executive order is available at: www.whitehouse.gov/news/releases/2008/06/20080609-2.html. The proposed rules can be viewed at:
http://federalregister.gov/OFRUpload/OFRData/2008-13358_PI.pdf.
Extension of Optional Practical Training of Certain Foreign National Students Whose Employers Participate in E-VERIFY
On April 8, DHS published an Interim Final Rule entitled, “Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions.” Prior to this rule change, foreign students in F-1 nonimmigrant status who were enrolled on a full-time basis for at least one full academic year in a college, university, conservatory, or seminary certified by U.S. Immigration and Custom Enforcement's (ICE's) Student and Exchange Visitor Program (SEVP) were eligible for 12 months of optional practical training (OPT) to work for a US employer in a job directly related to the student's major area of study.
The rule extended the maximum period of OPT from 12 months to 29 months for F-1 students who have completed a science, technology, engineering, or mathematics (STEM) degree and accept employment with employers enrolled in E-Verify. In previous years, thousands of F-1 students with approved H-1b petitions have faced a “cap gap” dilemma of graduating in May and having 12 months of OPT authorization, which often ends in May (one year after graduation). Such students would have to depart the US by the end of July, as they have only a 60-day “grace period” to remain in the US after their F-1 status terminates. Thus, F-1 students with approved H-1b petitions with start dates of October 1 had to leave the US for approximately two months before they could re-enter under their new H-1b status and begin working. If those students had already been working for their H-1b employers in OPT status, then the employers would lose those employees for the “gap” period. This rule ameliorates the “cap-gap” problem by extending the authorized period of stay for all F-1 students who have properly filed H-1B petitions and change of status requests (filed under the cap for the next fiscal year) pending with USCIS. If USCIS approves the H-1B petition, the students will be able to remain in the US and continue working in OPT status until the requested start date indicated in the H-1B petition. The text of the rule can be read at: http://edocket.access.gpo.gov/2008/E8-7427.htm. If you have questions about E-VERIFY, please contact the Dickinson attorney with whom you normally work or a member of the firm’s Employment and Labor Law Practice Group at employmentlaw@dickinsonlaw.com.
SMOKEFREE AIR ACT COMPLIANCE KITS AVAILABLE TO IOWA EMPLOYERS
Attorneys in Dickinson’s Employment and Labor Law Practice Group have assembled and distributed to our clients an “employer compliance kit” for the Iowa Smokefree Air Act. That law is effective July 1, 2008. A copy of the materials – a short checklist for employers, a more detailed explanation of the various obligations employers have under the law, a copy of the statute itself, and a receipt that can be used in communicating the provisions to employees – can be obtained by clicking on the title of this news item. Additional information on the statute, including sample signs promulgated by the Iowa Department of Public Health as being compliant with the agency’s regulations, is available at http://www.iowasmokefreeair.gov. As a courtesy to those who may be looking, one source for more permanent signs required under the law which we have been able to locate is http://bankersadvertising.com/iowa-smoking.
PAUL R. TYLER RECEIVES POLK COUNTY BAR ASSOCATION AWARD OF MERIT
The Polk County Bar Association awarded the Award of Merit to Paul R. Tyler at the 2008 Annual Meeting. The Award of Merit is described as the highest award that the Polk County Bar Association can bestow on one of its members. It is not awarded annually, but is reserved for only the most dedicated candidates who have continually served the association. For more information, see story in the July 2008 edition of the Polk County Bar Association's newsletter, The Advocate, at http://www.pcbaonline.org/Newsletter%20July%2008.pdf.
DICKINSON ATTORNEYS SELECTED FOR INCLUSION IN 2008 CHAMBERS USA: AMERICA’S LEADING LAWYERS FOR BUSINESS
Chambers USA: America’s Leading Lawyers for Business honored eight firm attorneys by selecting them for inclusion in the 2008 edition. The Chambers legal guides state that they celebrate excellence of lawyers and law firms around the world. Every year Chambers conducts thousands of in-depth interviews with clients in order to assess the reputations and expertise of business lawyers in 175 countries across the globe. Chambers lists Helen C. Adams, Russell L. Samson, Bridget R. Penick and Jill R. Jensen-Welch as leaders in the Labor & Employment section. Paul R. Tyler and Jon P. Sullivan have been selected again this year as leaders in the Real Estate section. Howard O. Hagen has been selected in the Corporate/M&A: Banking & Finance section and Richard A. Malm has been selected in the Litigation: General Commercial section.
NEW OTS GUIDANCE ON PAYING FEES FOR THE REFERRAL OF TRUST BUSINESS
The OTS has rescinded previous guidance on paying finders' or referral fees for the referral of trust business and has issued a new Thrift Bulleting on this subject. For more information, please go to our articles section on our website or click here.
EMPLOYER ALERT: DOL RELEASES NEW PROPOSED FMLA REGULATIONS
Prepared By Helen C. Adams
For your convenience, we have posted a copy of the proposed regulations on the Dickinson Law Firm website. The Dickinson Law Firm Employment Law Section will be reviewing the proposed regulations and will post a summary of the proposed changes at the firm=s website www.dickinsonlaw.com and provide additional educational opportunities for employers to learn about the proposed regulations in the near future. Please check the website for updated information. In the meantime if you have questions about the proposed regulations, please contact one of the employment law attorneys at Dickinson, Mackaman, Tyler & Hagen, P.C. at 515-244-2600.
Please click here to view the new proposed regulations.
EMPLOYER ALERT: DOL WILL RELEASE NEW PROPOSED FMLA REGULATIONS ON MONDAY, FEBRUARY 11, 2008
Prepared By Helen C. Adams
The United States Department of Labor (“DOL”) has announced that it plans to publish proposed new FMLA regulations in the Federal Register on February 11, 2008. The proposed regulations are expected to contain suggested revisions to the FMLA regulations currently in effect and to contain proposed regulations dealing with the new FMLA military leave provisions that were signed into law by President Bush last month. It is anticipated that public will have 60 days to provide comments to the DOL on the draft regulations. As soon as the new regulations have been published, we will send a supplemental notice with the website location.
The Dickinson Law Firm Employment Law Section will be reviewing the proposed regulations and will post a summary of the proposed changes at the firm’s website www.dickinsonlaw.com in the very near future. Please check the website for updated information. In the meantime if you have questions about the proposed regulations, please contact one of the employment law attorneys at Dickinson, Mackaman, Tyler & Hagen, P.C. at 515-244-2600.
New Book by Dickinson Law Firm’s Employment and Labor Attorneys: Model Policies and Forms for Iowa Employers
The Model Policies and Forms for Iowa Employers, written by the attorneys at Dickinson, Mackaman, Tyler and Hagen, P.C. explains employment laws in plain English, using language everyone can understand.
According to Mike Ralston, the President of the Iowa Association of Business and Industry, “This is the premier guide for anyone who deals with the rapidly changing world of employment laws and regulations.” It contains more than 100 forms and model policies, and comes with a bonus CD so one can easily personalize and print what is needed. Some have said that it is like having an HR filing cabinet on one’s computer desktop. The Model Policies and Forms for Iowa Employers includes chapters on job descriptions and employment applications, candidate screening, time of hire, hours of work and overtime, complaint procedures, termination and many more.
Russell Samson, co-editor of the Model Policies and Forms and partner at the Dickinson Law Firm noted, “The employment attorneys with this firm began partnering with ABI in 1992, with the publication of Guide to Iowa Employment Laws. We are pleased not only that the relationship continues, but that employers in Iowa have come to look to ABI as the source for information on helping them do business in this state.”
To check out the table of contents and read a chapter, go to the publisher’s web site:
www.accr.biz/publications/iowa/iowa
President Bush Signs Military Leave FMLA Expansion Bill Into Law
On January 28, President Bush signed a bill expanding the coverage of the Family & Medical Leave Act. Under the new FMLA expansion law, employers are required to permit a "spouse, son, daughter, parent or next of kin" to take up to 26 weeks of unpaid FMLA leave to care for a member of the Armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. For purposes of this section of the new law, "next of kin" means the nearest blood relative of an individual. Employers also must provide up to 12 weeks of FMLA leave to employees due to a "qualifying exigency" as the result of a spouse, son, daughter or parent being placed in active duty, or being notified of an impending call or order to active duty, in the Armed Forces in support of a contingency operation. While the new law does not define "qualifying exigency," examples could include overseas assignments, troop mobilizations and recalls to active duty.
Congress did not specify an effective date for when these new changes take place. It is suggested that employers should assume that the provision allowing FMLA leave to care for an injured service member became effective as soon as the President signed the bill into law. Chief congressional sponsors of the bill have indicated that they anticipate that employers may have some ramp-up time to get into compliance with the new leave requirements. It is clear that the provision allowing leave for "qualified exigencies" will not be effective until the DOL prepares regulations defining this term. Employers should modify their FMLA policies to include these expanded leave rights and begin to notify employees as soon as possible of the expanded leave rights. Employers also should be on the look out for a revised FMLA poster which includes the new leave requirements to be posted in conspicuous areas.
President Bush signed the leave expansion bill into law just weeks before the DOL is expected to release proposed FMLA regulations. It is anticipated that the revised regulations could include some guidelines further explaining the new leave requirements for military families and caregivers.
If you have questions about the expansion to the FMLA and what it means to your company, please contact Helen C. Adams (hadams@dickinsonlaw.com or 515-246-4555) or another member of the employment law section for further information about the new law.
EMPLOYER ALERT: FMLA REVISED FORMS AND POSSIBLE REVISIONS TO THE FMLA REGULATIONS
By:
Helen C. Adams
Dickinson, Mackaman, Tyler & Hagen, P.C.
hadams@dickinsonlaw.com
DOL Issues Revised Forms.
In late 2007, the Department of Labor (“DOL”) reissued its FMLA Certification Form (WH-380) and Request for Leave Form (WH-381). The forms contain no substantive changes. The new forms, which contain a new government control number, have a new expiration date of September 30, 2010. While the forms are optional, many employers use the DOL medical certificate form, when requesting medical information in support of an employee’s request for medical leave. Employers who do use the DOL forms should insure that they are using the current version of the medical certificate and request for leave form with the new OMB number, which can be downloaded free from the DOL using the following links.
www.dol.gov/esa/regs/compliance/whd/fmla/wh380.pdf
www.dol.gov/esa/regs/compliance/whd/fmla/wh381.pdf
Proposed FMLA Regulations May Be Right Around The Corner Or Not.
The DOL recently stated that it intends to propose changes to the FMLA regulations and that those revised regulations may be released as early as January of 2008. The main focus of the changes will be to address issues that have arisen as a result of the United States Supreme Court’s decision in Ragsdale v. Wolverine Worldwide, Inc. In Ragsdale, the Court invalidated an FMLA regulation that penalized an employer for failing to send written notice that it was counting leave as FMLA leave by prohibiting the employer from counting any of the leave taken before the employer gave notice toward the 12 week FMLA entitlement. The regulation, in essence allowed an employee to take more than 12 weeks of leave if the employer forgot to send specific notice.
In December of 2007, the DOL stated that it intends “to propose revisions to address issues raised by this and other judicial decisions.” It is unknown whether the DOL will propose a broad range of changes to the FMLA regulations or keep the focus narrow and propose only those changes needed to fill-in gaps in the regulations resulting from various federal court decisions invalidating various portions of the regulations. Employers have long been waiting for these proposed regulations and it appears possible that the wait may soon end. However, other DOL representatives have indicated that a January release date may or may not be realistic and is not guaranteed.
KRAUSMAN MEDIATION TALK
Jeffrey A. Krausman recently spoke to the Lincoln Inne on the issues to be considered prior to the mediation of a dispute. His remarks entitled "Preparing Yourself and Your Client for Mediation" are available at the following link. See remarks here.
NEW I-9 FORM RELEASED
USCIS announced this afternoon that it has released a new version of Form I-9, Employment Eligibility Verification, as well at the M-274, Handbook for Employers, Instructions for Completing the Form I-9. The form is available on the USCIS website : http://www.uscis.gov/files/form/I-9.pdf
USCIS "encourages" use of the new form immediately, but indicates that it will not be required until notice is published in the Federal Register.
NEW I-9 FORM
DHS has decided to issue a new I-9 form and employer handbook at this time, perhaps as early as the week of November 5. Instead of publishing a new regulation now, which was DHS's original plan, DHS will instead go forward now with an I-9 form based on the 1997-98 regulations, and then will publish a new regulation, with a newer I-9 form, in 2008.
Hagen Spoke at the 112th Annual Convention of the Iowa Bankers Association
Howard Hagen recently spoke at the 112th Annual Convention of the Iowa Bankers Association. The topic of his speech was “Buying and Selling Banks -- The Seven Year Itch & the Rules of Ten.” In the presentation he focused upon the current bank merger environment in Iowa and the United States and the anticipated trends in the next few years.
Change in SSN No-Match Procedure Put on Hold
A federal district court in California has temporarily stopped the Department of Homeland Security (DHS) from implementing its final rule regarding Social Security No-Match letters, which was supposed to go into effect on September 14, 2007.
The regulation explains employer obligations regarding workers’ employment authorization verification. In particular, the regulation instructs employers regarding how to handle "no match" letters issued by the Social Security Administration (SSA) and DHS. The SSA sends no-match notices if employees’ names and social security numbers (as provided by the employer) do not match the SSA database. Likewise, DHS issues notices to employers when it discovers (usually during an agency audit) that employment authorization documents or immigration status documents (usually referenced in an employee’s I-9 form) do not harmonize with DHS records.
Ultimately, the regulation says that if the problem cannot be corrected within 90 days (via specific steps set forth in the regulation), the employer should fire the employee or it could be found to have "knowingly" allowed unauthorized workers to work for them.
Various entities, including the AFL/CIO and US Chamber of Commerce, filed a lawsuit against DHS in the federal District of Northern California alleging, among other arguments, that the regulation: (1) exceeds DHS’ authority by interpreting the Immigration Reform and Control Act’s anti-discrimination provisions; (2) is arbitrary and capricious, because DHS failed to provide a reasoned analysis for its new position that a no-match letter, by itself, is sufficient to put the employer on notice of an authorized worker; and (3) violates the Regulatory Flexibility Act, as the DHS did not conduct a final flexibility analysis regarding its impact on small businesses.
EMPLOYER ALERT: TIME TO CHECK YOUR EMPLOYMENT POSTERS
As year-end approaches, fall presents a good time for employers to confirm that their employment posters are current, readable and posted in prominent areas where employees have frequent access. There are at least two new posters that Iowa employers need to have posted. First, there is a revised federal minimum wage poster, reflecting the recently enacted federal minimum wage increases. This poster is available for viewing, downloading and posting, free of charge, from the federal Department of Labor’s website at http://www.dol.gov/esa/whd. Iowa employers also should verify whether that they have the current Iowa poster on minimum wage posted as well and should check other states’ requirements where employees are located. The current Iowa minimum wage poster can be found at http://www.iowaworkforce.org/labor/minwage.pdf.
Second, as of July 1, 2007, sexual orientation and gender identity are protected classifications under the Iowa Civil Rights Act (“ICRA”). Thus, Iowa employers also need to make sure they have posted the revised ICRA poster which lists the new protected classes to make sure that your company is in compliance with its posting obligations. The revised ICRA poster can be viewed, downloaded and printed for posting from the Iowa Civil Rights Commission website at http://www.state.ia.us/government/crc/docs/eeocposter2007.htm.
If you have questions about the posters described above or your general posting obligations as an employer, please contact one of the employment law attorneys at Dickinson, Mackaman, Tyler & Hagen, P.C. at 515-242-2600.
L. Call Dickinson, Jr. Remembered
Call Dickinson, the son and grandson of the founders of the law firm currently named Dickinson Mackaman Tyler & Hagen, P.C., died at his home in Des Moines, Iowa, on September 22, 2007. Mr. Dickinson was a lifelong Iowan, and he practiced business as well as corporate law in the firm for thirty-eight years prior to his retirement. During his professional career, Mr. Dickinson served the legal community as well as the greater community. He was a welcome member on bar association and community boards and committees. Mr. Dickinson graduated from The University of Iowa and Drake University Law School, where he was a member of Order of the Coif.
“Mr. Dickinson was such a gentleman and a scholar; he exemplified the highest traditions in the legal profession. His memory will live on in the name of the firm, and his contributions to our success will not be forgotten,” said Howard Hagen, president of the firm.
Dickinson Attorneys Selected For Inclusion In Best Lawyers In America 2008 And Chambers USA: America’s Leading Lawyers For Business
Best Lawyers in America has honored nine firm attorneys by selecting them for inclusion in the 2008 edition. The publishers of Best Lawyers in America state that the annual compilation of the Best Lawyers in America is based on an exhaustive and rigorous peer-review survey. Our attorneys honored in the 2008 edition of Best Lawyers in America are: Helen C. Adams in labor and employment law; Bret A. Dublinske in communications law and in energy law; Howard O. Hagen in banking law; David M. Repp in tax law and in trusts and estates; Russell L. Samson in labor and employment law; Jon P. Sullivan in bankruptcy and creditor-debtor rights law and in real estate law; Paul R. Tyler in real estate law; John K. Vernon in family law; and J. Marc Ward in corporate law.
The Chambers legal guides state that they celebrate excellence of lawyers and law firms around the world. According to Chambers, every year it conducts thousands of in-depth interviews with clients in order to assess the reputations and expertise of business lawyers in 175 countries across the globe. Chambers lists Helen C. Adams, Russell L. Samson, and Bridget R. Penick as leaders in employment law, while Paul R. Tyler and Jon P. Sullivan have been selected again this year as leaders in real estate and property law.
In its description of the attorneys selected as leaders in real estate law, Chambers had this to say about Paul Tyler “. . . a wonderful guy, easily as good as anyone around. Historically recognized for his work with leading financial institutions in the state, his position at the head of the rankings was undisputed.” Jon Sullivan received recognition for being both “highly active and highly knowledgeable.” Also praised for his financial work, peers expressed their admiration for his “cerebral” approach.
Describing the firm’s Employment Law Practice Group, Chambers notes “A core of eight attorneys form this 'top flight' employment law team” and clients placed emphasis on “the firm’s extensive expertise and experience” and its ability to keep clients out of court as much as represent them inside.
Chambers reports that Helen Adams is “the cream of the crop,” frequently recognized for her work in employment litigation, which, coupled with her energy and experience, led several peers to mark her as “always my first choice if I need to refer work.” As a more traditional labor attorney, Russ Samson . . . is referred to by peers as the “dean of labor law.” Interviewees were keen to stress that while he is primarily known for his union work, he has a “great knowledge of the full range of employment.” Bridget Penick specializes in the niche of immigration law as it relates to employment, although she has also undertaken several religious discrimination defense cases.
Attorneys Invited to Join Blackstone Inn of Court and C. Edwin Moore Inn of Court
Joseph A. Cacciatore has been invited to join the Blackstone Inn of Court as a Barrister and Emily S. Pontius and Megan J. Erickson have been invited to join as associate members. Other firm members of the Blackstone Inn of Court are Helen C. Adams and Bridget R. Penick.
Mollie M. Pawlosky has been invited to join the C. Edwin Moore Inn of Court and Jill Jensen-Welch has moved to being a Barrister, from an associate membership. F. Richard Lyford is also a Master in the C. Edwin Moore Inn of Court.
American Inns of Court are societies of advocates. The primary responsibility of the invitation-only membership is the education of advocates, young and not-so-young through collegiality and the mentor-pupil relationship.
Hodge Announced as 2007-2008 Leadership Iowa Class Member
Jennifer Hodge has been announced as a 2007-2008 Leadership Iowa class member by the ABI and the Iowa Association of Business and Industry Foundation. http://www.leadershipiowa.com/this_years_li_class.asp
Adams Selected to Present at the Litigation Counsel of America's Fall Conference
Helen Adams has been selected to make a presentation on Living with the Federal E-discovery Rules at the Litigation Counsel of America's Fall Conference. The Fall Conference will be held on November 1 and 2, 2007 at the Hyatt Regency Scottsdale Resort at Gainey Ranch in Scottsdale, Arizona. The Litigation Counsel of America is a trial lawyer honorary society comprised of experienced litigators throughout the United States, and represents less than one-half of one percent of American lawyers. Fellowship in the LCA is limited and by invitation only. LCA Fellows are trial lawyers in the American bar whose selection is based on accomplishment in litigation and trial work, and their reputations. The composition of the Litigation Counsel of America is aggressively diverse, with recognition of excellence in litigation across all segments of the bar. In addition, the LCA is dedicated to promoting superior advocacy, professionalism, and ethical standards among its Fellows.
Law Firm Welcomes New Associate
Dickinson Mackaman Tyler & Hagen, P.C. is pleased to announce that Megan J. Erickson has joined the firm as an associate. Megan joins the firm after graduating with high honors from Drake University Law School, Des Moines, Iowa, where she was a Dwight D. Opperman Scholar. During her law school career, Megan was a member of the Drake Law Review and an intern with the United States Court of Appeals for the Eighth Circuit and the United States District Court for the Southern District of Iowa. Megan graduated with distinction from Iowa State University in 2000 with a Bachelor of Science degree in journalism/public relations and sociology. Megan’s hometown is Exira, Iowa.
Adams to Speak at Iowa Hospital Association Annual Meeting and Trade Show
Helen Adams, shareholder, has been invited to speak at the Iowa Hospital Association Annual Meeting and Trade Show to be held at the Des Moines Marriott Downtown in Des Moines, Iowa on October 2-4, 2007. Ms. Adams, who practices primarily in the areas of employment and trial law, will present on October 2 from 1:15-2:30 p.m. and will provide attendees with an employment law update on cases and issues affecting the health care industry in Iowa and nationally.
Tyler Honored by ISBA President at Annual Award Banquet
Paul Tyler was honored with the Outstanding Committee Chair Award by ISBA President Marion Beatty at the Iowa State Bar Association's 134th Annual Meeting President's Award Banquet. Paul was recognized for his dedicated service as Chair of the ISBA Building Committee. Paul has been instrumental in the ISBA's purchase and renovation of its new headquarters building, slated to open in September 2007. Paul was also recognized at the Banquet for his years of service as a Governor of the Iowa State Bar Association
Bridget Penick has become the 2007-08 President of the Young Lawyers Division of the Iowa State Bar Association
Bridget Penick has become the 2007-08 President of the Young Lawyers Division of the Iowa State Bar Association. The gavel was passed from outgoing President Jen Chase to Bridget during the Iowa State Bar Association's 134th Annual Meeting President's Award Banquet. Bridget served as a member of the YLD Executive Council from 2003-05, Secretary of the YLD in 2005-06, and President-Elect in 2006-07.
Banking Practice Group Starts Iowa Banking Law Blog
The Banking and Financial Institutions Practice Group has started an Iowa Banking Law Blog. The website, available at www.iowabankinglawblog.com, will have updated legal information relevant to the Iowa banking industry, including changes in the law, new cases, regulatory updates, and other important issues affecting the industry. The content of the site will be similar to that of the Community Bank Brief, which will still be distributed, but will have unique content, more frequent updates, and links to interesting articles and releases. Once on the site, you can subscribe to receive updates via email or through a newsreader, such as Google News or Newsgator. It is our hope that this site will be a valuable resource to the Iowa banking community. Your feedback is valued, please contact Jeffrey Andersen (jandersen@dickinsonlaw.com) if you have any questions or comments.
Horvath Authors Chapter on Wind Farms
Paul E. Horvath, a shareholder, authored a chapter entitled "Alternative Energy: Wind Farms" which was just published in The Best Practices of Leading Energy Lawyers, Inside the Minds Series, by Aspatore Books. Paul practices primarily in energy and environmental law
ADAMS AND PENICK NAMED FELLOWS OF LITIGATION COUNSEL OF AMERICA
Dickinson attorneys Helen Adams and Bridget Penick have been selected as Fellows of the Litigation Counsel of America. Ms. Adams is a shareholder and senior litigator in the firm’s employment and litigation sections. Ms. Penick is a shareholder, and is an active member of the firm’s employment and litigation sections, and has an immigration practice as well. Both Ms. Adams and Ms. Penick received their Juris Doctor degrees from the University of Iowa College of Law.
The Litigation Counsel of America is a trial lawyer honorary society comprised of experienced litigators throughout the United States, and represents less than one-half of one percent of American lawyers. Fellowship in the LCA is limited and by invitation only. LCA Fellows are trial lawyers in the American bar whose selection is based on accomplishment in litigation and trial work, and their reputations. The composition of the Litigation Counsel of America is aggressively diverse, with recognition of excellence in litigation across all segments of the bar. In addition, the LCA is dedicated to promoting superior advocacy, professionalism, and ethical standards among its Fellows.
IMMIGRATION ALERT
The Department of Labor has issued new rules, effective July 16, 2007, regarding labor certifications for employment-based greencards. Click here for a summary of the rules.
Adams Authors Labor and Employment Client Strategies Chapter
Helen Adams, a shareholder in the firm's employment law and litigation practice groups, is the author of a chapter entitled: "Putting the Client in a Position to Succeed" in Labor and Employment Client Strategies (2007), published by Aspatore Books. Helen advises businesses on a wide range of employment related matters and handles employment and commercial litigation in both state and federal court.
Pontius Published in March 2007 NASPA Forum Newsletter
Emily Pontius, associate, recently published Records Left Behind When Students Transfer in the March 2007 issue of the NASPA Forum. The Forum is the monthly newsletter of the National Association of Student Personnel Administrators, the largest professional organization for student affairs administrators, faculty, and graduate students in higher education. The article discusses how administrators should handle education records when students transfer out of the institution. The newsletter is available at www.naspa.org/naspa_forum.
Penick Authors Negotiating Employment Disputes
Bridget Penick, shareholder, is the author of a chapter entitled: "Stepping in Before the Problems Start" in Negotiating Employment Disputes (2007), published by Aspatore Books. Bridget practices primarily in Employment Law and handles employment-related litigation and immigration matters.
Law Firm Honors Life and Work of Founding Partner
Robert E. Mannheimer, 88, one the firm’s early partners, died on February 14. Mr. Mannheimer was a life-long Iowan and a significant contributor to the community. Early in his legal career, Mr. Mannheimer led a community-based campaign to adopt the council-manager form of local government, and was named Outstanding Young Man of the Year in Polk County, Iowa, by the Junior Chamber of Commerce for his efforts. Mannheimer also served as chairman of the Mayor's Task Force on Equal Opportunity.
Mr. Mannheimer’s commitment to the highest principles of the legal profession and to the enhancement of Des Moines and of Iowa was evident to all who had the privilege of practicing law with him and who served with him on charitable boards and foundations.
Among the charitable boards on which he served during his long career were the Des Moines chapter of the National Conference of Christians and Jews; the Lutheran Social Service Charitable Foundation; United Way; the Tall Corn Area of the Boy Scouts of America; the Des Moines Civil Service Commission; the Des Moines Symphony and the Des Moines Symphony Foundation; the Des Moines Playhouse; the Des Moines Jewish Foundation; the Iowa Civil Liberties Union; the "I Have a Dream Foundation;" the Alumni Association of Grinnell College; Temple B'nai Jeshurun; the Jewish Welfare Federation of Des Moines; Children and Families of Iowa; the Greater Des Moines Community Foundation; and the Committee on Professional Ethics and Conduct for the Polk County chapter of the Iowa Bar Association.
In 1969, Grinnell College honored him with its Alumni Award for Distinguished Service, and in 1972 he was honored by the National Conference of Christians and Jews.
Mr. Mannheimer retired from the firm in 1996, after a distinguished legal career spanning over fifty years.
New Iowa Minimum Wage Poster Now Available
Iowa Workforce Development has released the newly-required Minimum Wage Poster. Employers can view and download a copy of it at: http://www.iowaworkforce.org/labor/minwage.pdf. For more information on the increases in Iowa's minimum wage, see the article in the upcoming Hire Perspectives newsletter.
Fletcher Authors Business Torts in Iowa
Joan Fletcher, shareholder, is the author of the Iowa business torts chapter for the 2007 edition of Business Torts: A Fifty-State Guide, published by Aspen Press. Topics covered in the Iowa chapter include misappropriation of trade secrets, the relevant statutes of limitation, restrictive covenants and covenants not to compete, tortious interference, negligent misrepresentation, and others. Joan is a litigator and practices in both state and federal courts.
Employment Law Alert: Iowa's Minimum Wage Will Go Up, And Up Again
On January 25, 2007, Iowa Governor Chet Culver signed into law a bill raising Iowa’s minimum wage from $5.15 to $6.20 per hour. The new pay rate goes into effect April 1, 2007. The bill also provides for another pay hike on January 1, 2008—to $7.25 per hour. The new Iowa law continues to allow lower wage levels for employees in their first ninety days of employment, but increases that wage to $5.30 per hour effective April 1, 2007, and to $6.35 per hour effective January 1, 2008. Employers should look for updated posters to hang in the workplace prior to the April 1, 2007, wage change.
Employers are covered by both the state and federal minimum wage laws, and must comply with the law requiring the higher minimum wage. Because of the interplay between the state and federal law, the new Iowa minimum wage law may only speed up the inevitable. The United States Senate has passed a bill that will raise the minimum wage from $5.15 to $7.25, but added small-business tax breaks that were not in the House bill. The issue will likely head to a conference committee to iron out the differences between the House and Senate versions of the bill. Under both current versions, the federal legislation would raise the minimum wage to $5.85 sixty days after enactment; to $6.55 twelve months later; and then to $7.25 after another twelve months. Both the federal and state minimum wage laws contain provisions exempting certain small businesses and industries. If you have questions about how Iowa’s minimum wage increase will affect you as an employer, contact one of the members of our law firm’s Employment Law Section through our website www.dickinsonlaw.com.
**IMMIGRATION ALERT**
On February 1, 2007, the USCIS published a proposed rule in the Federal Register proposing to increase all fees for immigration-related form filings. The proposed fee increases are dramatic, with a weighted average increase of $174 per form, shifting the average fee per form from $264 to $438.
Some of the most common forms are scheduled to increase as follows:
FORM CURRENT FEE NEW FEE
I-129 $190 $320
I-130 $190 $355
I-140 $195 $475
I-485 $325 $905 (now includes EAD/AP automatically)
I-539 $200 $300
I-765 $180 $340 N-400 $330 $595
The proposed rule announced a 60-day comment period; thus, any input on these proposed increases must be submitted by April 2, 2007. There is no set date for the fee increases to be implemented, but it will be after April 2, 2007.
For more information, including a complete listing of the proposed increases, contact Bridget Penick at bpenick@dickinsonlaw.com or 515-246-4545.
Law Firm Welcomes Three New Associates
Dickinson Mackaman Tyler & Hagen, P.C. is pleased to announce that Jeffrey J. Andersen, Emily S. Pontius, and Mary A. Zambreno have joined the firm as associates.
Jeff is a Des Moines, Iowa, native who graduated from Iowa State University in 2003, with a bachelor of science degree, and was inducted into Phi Beta Kappa in 2002. He attended law school at the University of Iowa College of Law and graduated with distinction in May 2006. Jeff was a student writer on the law review and served as a legal intern at the law school’s legal clinic.
Emily has joined the firm following her May, 2006 graduation from The George Washington University Law School in Washington D.C. Emily is originally from Woolstock, Iowa; she graduated with a bachelor of arts degree in journalism from Iowa State University in 1998. She received a masters degree from Indiana University, Bloomington, Indiana. During her law school career, Emily was a Dean's Fellow and Vice-President of the law school’s Alternative Dispute Resolution Board.
Mary is a 2004 law graduate of DePaul University College of Law where she participated in the law school’s Moot Court Society and competed in the National Family Law Moot Court Competition and the National Juvenile Law Moot Court Competition. Mary was on the Dean’s List and was a recipient of the Dean’s Minority Merit Scholarship. Mary has a bachelor of arts degree with honors from Northwestern University. Prior to joining the firm, Mary was an associate with the law firm of Schiller, DuCanto and Fleck in Chicago. Currently, Mary is only admitted to practice in Illinois.
Attorneys Selected for Inclusion in Best Lawyers in America 2007
Best Lawyers in America has honored eight firm attorneys by selecting them for inclusion in the 2007 edition. The publishers of Best Lawyers in America state that the annual compilation of the Best Lawyers in America is based on an exhaustive and rigorous peer-review survey. Our attorneys honored by inclusion in the 2007 edition of Best Lawyers in America are: Helen C. Adams in labor and employment law; Bret A. Dublinske in communications law; Howard O. Hagen in banking law; David M. Repp in tax law and trusts and estates; Russell L. Samson in labor and employment law; Jon P. Sullivan in real estate law; Paul R. Tyler in real estate law, and John K. Vernon in family law.
Like Best Lawyers in America, the Chambers legal guides state that they celebrate excellence of lawyers and law firms around the world. According to Chambers, every year it conducts thousands of in-depth interviews with clients in order to assess the reputations and expertise of business lawyers in 175 countries across the globe.
Chambers lists Helen Adams, Russ Samson, and Bridget Penick as leaders in employment law, while Paul Tyler and Jon Sullivan have been selected again this year as leaders in real estate and property law.
Joan Fletcher Serving as President of CFI Board of Directors
Children and Families of Iowa (CFI) is a non-profit human services organization dedicated to helping strengthen Iowa's children and families, by offering a broad array of programs and services to support the growth and well-being of children, adults and families throughout Iowa. In the past year, CFI reached over 15,000 people in 89 of Iowa’s 99 counties through its family-centered counseling programs, treatment for troubled teens, child development programs, and therapy services. Joan Fletcher, shareholder, has served on the CFI Board for several years and is serving as the 2006 President of the CFI Board of Directors.
The firm has enjoyed a long relationship with CFI dating back to some of the founding members of the law firm including Robert Mannheimer and the late Addison Parker. Helen Adams, shareholder, is the immediate past president of the Board of Directors.
Penick to Speak at Employment Law Seminar
Bridget Penick, shareholder, will speak on employment law at the Hotel Fort Des Moines on August 17, 2006, at a seminar for human resources professionals and business owners. The seminar is entitled Recent Developments in Employment Law, and is sponsored by Sterling Education Services, Inc. Bridget practices in all aspects of employment law, and she routinely writes and speaks on employment law topics of interest to businesses and human resources professionals.
Adams Elected as President of Chrysalis Foundation Board
Helen Adams, shareholder, was recently elected President of the Board of Directors of the Chrysalis Foundation. Helen has served on the Board for several years prior to her election.
The Chrysalis Foundation was founded by Central-Iowa philanthropist, the late Louise Noun, to promote self-reliance, economic independence, and leadership opportunities for all women and girls, at any point in their lives. The foundation seeks to remove cultural, educational, societal, and political barriers for girls and women by funding programs that provide educational and vocational opportunities for them.
Five Dickinson Attorneys Listed in Chambers USA: America’s Leading Lawyers for Business
The Chambers legal guides state that they celebrate excellence of lawyers and law firms around the world. According to Chambers, every year it conducts thousands of in-depth interviews with clients in order to assess the reputations and expertise of business lawyers in 175 countries across the globe. Chambers lists Helen Adams, Russ Samson, and Bridget Penick as leaders in employment law, while Paul Tyler and Jon Sullivan have been selected again this year as leaders in real estate and property law.
In its description of the attorneys selected as leaders in real estate law, Chambers had this to say about Paul Tyler. "...Paul Tyler takes a top spot in the rankings due to his long presence at the forefront of real estate law.... His work with financial institutions...has allowed this affable figure to carve a niche for himself as an excellent and detailed lawyer." Jon Sullivan was singled out by Chambers as a leading real estate attorney in the areas of foreclosures and bankruptcy matters for his "scholarly and courteous manner;" those interviewed during the selection process commended Jon for "being highly capable and competent."
Describing the firm’s Employment Law Practice Group, Chambers notes that ten attorneys form the heart of this practice group that really understands the business of its clients and can explain the law in clear terms. Chambers states that according to clients interviewed about the Employment Law Practice Group, the consensus is that the team is "one of the most highly sought after [legal] teams in the Midwest."
Chambers reports that clients prize Helen Adams’ knowledge and approachable demeanor, and coupled with her ability to communicate with people at all levels, equip her with a great presence. Russ Samson, according to Chambers is "the guru" in the traditional domain of labor work; clients say that Russ is a key attorney to have in their corner. Bridget Penick makes her debut in Chambers this year. According to Chambers, clients are impressed with her knowledge and thorough approach to the law.
The Best Lawyers in America is another widely known referral guide. According to Best, its guide is compiled through an exhaustive peer-review survey in which thousands of lawyers in the U.S. confidentially evaluate their professional peers. Best states that the current 2006 edition is based on more than 1.5 million detailed evaluations of lawyers by other lawyers. When Best published its biennial guide last autumn, six Dickinson attorneys had been included the 2006 Best Lawyers in America edition, including Howard Hagen and Marc Ward in Banking law, John Vernon in Family Law, Russ Samson in Labor and Employment Law, and Paul Tyler and Jon Sullivan in Real Estate Law.
Law Firm Honors Memory of Addison M. Parker, Jr. - January 22, 1916 - June 15, 2006
Our long-time colleague, Addison Parker, died on June 15th, following a short illness. Addison was a member of the firm for over forty years prior to his retirement in 1992. His gentle wit, extraordinary scholarship and passion for providing legal services to the needy exemplified the highest traditions of the legal profession. We mourn his passing and extend our deepest sympathy to his family and friends.
Marc Ward to Write Chapter on Iowa Law for Forthcoming Book
Marc Ward, shareholder, has been asked by the Bureau of National Affairs (BNA), one of the nation’s leading publishers of legal resources, to author the Iowa chapter of its upcoming treatise entitled Doing Business as a Foreign Corporation. Marc, the chair of the firm’s corporate law practice group, was also the author of Guide to Limited Liability Companies.
Hagen to Speak to Community Bankers
Howard Hagen, shareholder, will travel to Beaver Creek, Colorado, to speak to the Midwest Conference of Community Bankers on July 25, 2006. Howard’s presentation is entitled “The Brave New World of Banking: Convergence or Collision?” He will discuss the impact of technology on traditional concepts of providing banking and financial services. The conference will be held at The Charter at Beaver Creek, Colorado.
Paul R. Tyler, American Bar Foundation Fellow
Paul Tyler, shareholder, has been invited to become a fellow of the American Bar Foundation, whose membership is limited to less than one percent of all attorneys licensed to practice in each state. According to the Foundation, it “is an honorary organization of attorneys, judges and law professors whose professional, public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession.”
Adams Honored as YWCA/Bankers Trust 2006 Woman of Achievement
The YWCA and Bankers Trust have selected four honorees for the prestigious 2006 Women of Achievement award, which has been presented annually for the past twenty-five years. Helen Adams, shareholder, has been selected as one of this year’s award recipients for her contributions to the community through her far-reaching and selfless volunteer efforts on behalf of others. Helen has served as a board member of the Chrysalis Foundation, the United Way Campaign Cabinet, Children and Families of Iowa, and the Iowa State University Research Park Corp.
Adams to Participate in United Way Panel Discussion
The United Way of Central Iowa has tapped Helen Adams, shareholder, to serve on a panel of non-profit CEOs and board members for a two-hour seminar entitled “Tips on Becoming a Highly Effective Non-Profit Director” for its Emerging Leaders Initiative on May 4, 2006. Helen is a past board of directors president of the not for profit organization, Children and Families of Iowa, and has chaired fund raising initiatives for United Way.
ATTORNEYS TO SPEAK AT EMPLOYMENT SEMINAR
On June 16, 2006, Rebecca Boyd Dublinske, Bridget Penick and Jill Jensen-Welch will present a seminar, accredited for 6.75 Iowa CLE hours, entitled “Documents Employers Can’t Live Without in Iowa.” They will present the seminar on behalf of Lorman Education Services, and it will be held at the Embassy Suites on the River in Des Moines. The seminar is designed for human resources managers and executives, finance executives, corporate financial officers, corporate operations officers, and attorneys.
MALM AND OWENS REPRESENT PRODUCERS OF HAUNTING VILLISCA
In 1912, eight people were brutally murdered in a small white house in the small town of Villisca, Iowa. Although there were many suspects, no one was ever charged or convicted of the murders. Now, almost one hundred years later, the identity of the murderer remains unknown. Kimberly Busbee and James Serpento have written, produced and directed a full length feature film entitled Haunting Villisca that captures the events following the murders, the mystery surrounding the crimes, and the many theories of culpability that have floated down through the decades since the event. Haunting Villisca explores certain paranormal activities that are said to continue to occur in the small white house. The movie will be released in 2006. Richard A. Malm and Arthur F. Owens, shareholders, have provided legal counsel to the project since its inception.
Addison Parker, Retired Shareholder, Honored By Iowa Legal Aid
Addison Parker, a retired shareholder and one of the firm’s founders, was honored by Iowa Legal Aid (ILA) for his commitment and service to ILA and its mission, …”to secure a full measure of justice in public and private affairs for low-income persons”…and “…to improve the lives of people living in poverty by providing high quality legal services.” From the 1960s until his retirement from the firm in 1992, Addison improved the lives of Iowans by his pro bono advocacy in such matters as convincing the Des Moines City Council of its inherent power to pass ordinances that prohibit racial discrimination in housing, and in protecting the civil rights of draftees during the Viet Nam era. Addison also had a hand in obtaining Big Creek Lake, preserving Brown’s Woods for the public, and in preserving Salisbury House in Des Moines. He was previously a board member of the Iowa Civil Liberties Union, and is a member of Iowa State Bar Foundation and the Lincoln Inne. Congratulations Addison!
Jensen-Welch Receives Drake Moot Court Alumni Service Award
Jill R. Jensen-Welch, associate, was selected by the Drake Law School Moot Court Board as the recipient of the 2006 Alumni Service Award for her dedication and contribution to Drake’s nationally recognized moot court programs. Jill volunteers her time to prepare Drake’s moot court teams for regional and national competitions. In addition, she judges intramural moot court competitions at the law school. As a student, Jill served on the Moot Court Board, was a member of Drake’s National Moot Court Team, and won both the C. Edwin Moore and Supreme Court Days Intramural Moot Court Competitions. She graduated with high honors in 2003 and was named Order of the Coif.
Hagen to Speak at the Iowa Independent Bankers
Howard Hagen, shareholder, who practices primarily in banking law will speak on April 20, 2006, at the Iowa Independent Bankers "Leaders of Tomorrow" Spring Conference in Des Moines. He will be speaking on the "Ten Emerging Trends for Young Bankers."
Law Firm Hosts ACC Seminar
For the fifth year in a row, Dickinson Mackaman Tyler & Hagen, P.C., is pleased to have been invited to present a continuing legal education seminar for members of the Iowa Chapter of the Association of Corporate Counsel (ACC). The seminar will be held on April 13, 2006, at the Suites of Locust in Des Moines from 3 - 5 P.M.., followed by a social hour.
This year’s seminar is entitled “Hot Topics: What's New That Every Corporate Counsel Needs to Know Now!" The “hot topics” include:
Suspicious Activity Reporting Requirements for Corporate America
Howard O. Hagen
Corporate Garbage – What Are You Doing to Protect Yours?
Helen C. Adams
Update on New Regulations Governing Employees Returning from the Military
Bridget R. Penick
The Iowa Supreme Court’s New Standard on What Constitutes “Arising out of the course of Employment” for Workers Compensation Benefits
Kristi A. Traynor
What To Do When OSHA Comes Knocking
Joan M. Fletcher
Adams to Speak to Community Providers
Helen Adams, shareholder, will speak at the Iowa Association of Community Providers, Annual Convention and Trade Show, on April 19th at the Iowa State Center – Scheman Building in Ames. Helen, who practices primarily in the area of employment law, will present "2006 Employment – A to Z." Helen speaks and writes frequently on employment law for employers.
Sullivan to Speak on Federal Bankruptcy Law Changes
Jon Sullivan, shareholder, whose practice includes representing creditors in bankruptcy proceedings, will speak at the Mid-Winter Management Conference of Iowa Community Bankers on the recent changes in the federal bankruptcy law and their impact on creditors. Jon speaks in Perry Iowaon February 23.
Hurricane Katrina Calls Lawyer In The Heartland To Volunteer
The Defense Research Institute, a nationally recognized 22,000 thousand member organization concerned with the defense of civil actions, asked Helen Adams, shareholder, to act as an editor of the DRI’s Compendium of state specific employment laws for the state of Iowa. Helen agreed to take on this task for the DRI and began work on the project. But Helen’s completion of the Iowa portion of the Compendium was interrupted by Hurricane Katrina and her article was submitted later than DRI’s due date.
Frank Shuler, the chair of the DRI’s Compendium Project had this to say about Helen and Hurricane Katrina. “She agreed to do the project, and then Katrina hit. She left her practice to volunteer with the American Red Cross. This caused some delay in her submitting her article. But…there is no better reason for a delay. Helen is the type of person you meet through DRI and I am glad to call her my friend.”
In addition to her employment law practice, the completion of her work on the Compendium for DRI, her regular speaking engagements on employment issues facing employers, and her hands-on volunteer activity as the manager of an American Red Cross shelter for 70 persons in Ocean Springs, Mississippi following Hurricane Katrina, Helen also serves on the community based boards and projects for the Chrysalis Foundation, Children and Families of Iowa, and the YWCA of Des Moines.
Vernon a Speaker at the Iowa State Bar Association Family Law Seminar
John Vernon was a speaker at the 2005 Iowa State Bar Association Family Law Seminar, which was hosted on October 27th and 28th. He particiapted in a panel discussion: Common Questions, Clear Answers. Please click the following link to read Mr. Vernon's portion of the discussion. http://www.dickinsonlaw.com/publication_articles.cfm
Hagen a Speaker at the Fall KPMG Audit Committee Roundtable
Howard Hagen spoke at the Fall KPMG Audit Committee Roundtable held on November 3, 2005, at the Marriott Hotel in downtown Des Moines, Iowa. The Fall Roundtable is entitled "Accounting Judgments, Estimates, and Restatements: Implications for Audit Committee Oversight." He was part of a panel reviewing post-Sarbanes’ issues surrounding the audit committee and the audit committee’s role in the oversight of internal investigations.
Malm a Speaker at the 2005 National Workshop on State & Local Food Policy
Richard Malm was a speaker at the 2005 National Workshop on State & Local Food Policy, "Creating Opportunity Through Joint Producer Initiatives.", which was presented at Drake University on September 8-9, 2005. Mr. Malm joined a panel on the topic "Type of Business Organization: Why it Matters". Materials presented at the meeting may be acessed at: www.statefoodpolicy.org/presentations.htm.
Governor's Appointment
Congratulations to Curt Stamp. Curt has been appointed by Governor Tom Vilsack to the Iowa Utilities Board for a term expiring in April, 2007. He will replace Elliott Smith who resigned in August. Curt clerked with Dickinson and was previously an associate with the Firm.
Dickinson law firm receives award for outstanding public service
Dickinson Mackaman Tyler & Hagen has received awards from both the Polk County and Iowa State Bar Associations for outstanding public service based on almost 500 hours of pro bono legal assistance provided in 2004. These services were provided to low income clients in Polk County in the areas of family law, consumer law and real estate law. One case alone totaled over 200 hours. Accepting referrals regularly over the past 15 years, the Dickinson firm has been a long time supporter of the Polk County Bar Association Volunteer Lawyers Project.
Hagen to be on panel at the 2005 Iowa Independent Bankers Annual Convention
Howard Hagen will be part of a panel at the 2005 Iowa Independent Bankers Annual Convention speaking on July 21 on the topic: "Perspectives on Protecting Your Bank and Customers." Representatives from the insurance and accounting industries will also be participating. Focus of the discussion will be on identity theft and internet security.
DMTH Attorneys Listed in 2005 Chambers Guide
The 2005 edition of Chambers USA-America's Leading Lawyers for Business was recently published and Dickinson Mackaman Tyler & Hagen, P.C. (DMTH) and 4 of its attorneys have been named in this edition.
In the area of Employment Law, DMTH was listed as a "Leading Firm" and Helen C. Adams and Russell L. Samson were listed as "Leading Individuals" within the Employment Law category.
In the area of Real Estate Law, DMTH was listed as a "Leading Firm" and Paul R. Tyler and Jon P. Sullivan were listed as "Leading Individuals" within the Real Estate Law category.
Adams Presented at EEOC Seminar:
Helen C. Adams was invited to join other regional and national speakers, including the EEOC Chair Cari M. Dominguez, at an EEOC seminar held July 22, 2005 at the University of Iowa College of Law. Adams spoke on "The New Bermuda Triangle: Navigating the Waters of the ADA, FMLA and Workers' Compensation." The seminars focus on the ADA was chosen to coincide with the 15th Anniversary of the ADA this year. For more information about the seminar, which is designed for business people and human resources professionals, or for registration materials, please refer to http://www.eeotraining.eeoc.gov/profile/web/index.cfm?PKwebID=0x32129b61
FDIC Issues Guidance on Pre-Employment Background Screening
On June 1, 2005, the FDIC issued guidance encouraging financial institutions to implement an effective pre-employment screening process. An effective screening process can help (1) reduce turnover by verifying the applicant's skills, experience, licenses and degrees, (2) confirm the honesty of an applicant's representations, (3) deter theft and embezzlement, and (4) decrease litigation associated with inconsistent hiring practices. For a more in-depth discussion of the FDIC guidance and tips for developing an effective pre-employment screening process please click the following link and open the full PDF article: http://www.dickinsonlaw.com/publication_articles.cfm
Penick elected Secretary of the Young Lawyers Division of the Iowa State Bar Association
Bridget Penick has been elected Secretary of the Young Lawyers Division of the Iowa State Bar Association for 2005-2006. As an officer of the ISBA YLD, she will also serve as an Iowa delegate for the American Bar Association's Young Lawyers Division Assembly.
Pawlosky to Speak at Legal Aid Society of Story County Seminar
Mollie Pawlosky, DMTH attorney, spoke at the Legal Aid Society of Story County's Judicial/Attorney Seminar. The seminar was on Friday, April 29, 2005 at the Scheman Building in Ames. Ms. Pawlosky's presentation focused on Taking and Defending Depositions.
Other speakers at this event included: Hon. Jon Scoles, Chief Judge of the Second Judicial District; Hon. Thomas Hronek, Associate District Court Judge; Hon. Victor Lathrop, Juvenile Court Judge; Hon. Michael Moon, District Court Judge; John Allen, Professor of Law, The University of Iowa College of Law; several Founders of the Story County Legal Aid Society; and, several former Legal Aid Board Presidents.
Deputy Workers' Comp. Commissioner Rules in Favor of DMTH Client
DMTH client Marsden Building Maintenance, LLC recently achieved a victory in a contested case before the Iowa Workers' Compensation Commissioner. Former Marsden employee Tammy Simmons claimed that she sustained permanent disability due to a back injury she allegedly sustained when she slipped and fell in an icy parking lot while in the course of her employment. The incident was unwitnessed. The company-authorized physician treated Ms. Simmons and concluded that she had not sustained any permanent physical impairment and released her to return to work without restrictions. Ms. Simmons' medical expert, however, testified that she sustained a 7% permanent impairment and that she should observe permanent work restrictions.
An Arbitration Hearing was held on October 22, 2004. In an Arbitration Decision dated February 24, 2005, the Deputy Commissioner held that Ms. Simmons did not sustain any permanent disability due to the alleged injury, and she was, therefore, not entitled to collect any permanent disability benefits. The Deputy found that the opinions of Ms. Simmons' expert witness were not as persuasive as those of the company-authorized physician due to defects in the expert's testimony exposed on cross-examination. Marsden was represented by DMTH shareholder Joe Cacciatore.
DMTH Honored at SITI Awards Program
DMTH was honored with the "Best Supporter of the Information Technology Cluster" award at Software and Information Technology of Iowa's (SITI) annual awards program on March 23, 2005. Eleven Iowa technology companies and leaders were honored at the SITI "Powered by Iowa Technology Awards Program" held at the DMACC Synerg-e Center in West Des Moines. SITI president Miriam Ubben stated: ''This awards ceremony recognizes excellence in Iowa's software and information technology industry...The collective leadership within this group is helping to transform the economic landscape of our state.''
For more information about the awards program, please visit: http://www.sitiworks.com/index.asp?NewsId=233 .
EEOC Opens New Information Center To Field Questions From Public
The EEOC has launched the new EEOC National Contact Center (NCC) which will field and respond to the approximately one million calls that the agency receives each year from employees, employers and the general public. The NCC was designed to improve the customer service of the EEOC and to free its mediators to mediate, its investigators to investigate and its litigators to litigate, rather than to field miscellaneous calls. Initially, the NCC will operate on an 18-month pilot basis and will be re-evaluated at the end of that time to determine whether the NCC should continue to operate.
The NCC may be reached, toll free, at 800-669-4000. The TTY number for persons with hearing and speech impairments is 800-669-6820. The NCC will provide callers with access to customer service representatives in 150 languages between 8 a.m. and 8 p.m. (Eastern Time). An automated system with answers to frequently asked questions will be available on a 24-hour basis, seven days a week.
Successful Interviewing Guide Available Through Iowa Workforce Development
Iowa Workforce Development recently released a revised Successful Interviewing Guide to provide valuable information to employers and workers on the application and interviewing process. The Guide was developed by Iowa Workforce Development with input from the Iowa Civil Rights Commission and the U.S. Equal Employment Opportunity Commission.
The Guide provides information on:
· Writing a Job Description
· Advertising the Job
· Discovering an Applicant’s Qualifications
· Avoiding Discrimination During the Hiring Process
· Summary Guide to Application and Pre-Employment Questions
· Sample Employment Application
· Workforce Resources for Employers
The Guide can be accessed at no cost at Iowa Workforce Development’s web site at: http://www.iowaworkforce.org/sig.htm . Limited copies of the Guide are also available through local Workforce Development centers.
Note: The Guide is designed for general educational purposes only and is not intended, nor should it be construed as or relied upon, as legal advice. Users of the Guide should consult their legal counsel or other employment advisor for specific legal advice.
View What's New Archive