Capper-Volstead

Farmers and ranchers are independent folks.  But when it comes to handling and marketing farm products it makes sense to work together.  The Capper-Volstead Act is federal law that allows agricultural producers to form cooperative associations and be immune from the application of antitrust laws. Antitrust laws are designed to prevent monopolies in the marketplace.  Competition is generally beneficial for … Read More

Commercial Space: Should You Lease or Buy?

The location of your small business is an important factor in whether it succeeds or fails. Accessibility to customers, vendors, and employees, proximity to competitors, and zoning restrictions are just a few of the factors you have likely considered. Once you have determined the best location for your business, the next question is whether to lease or buy your commercial … Read More

Six Steps for Forming an LLC

One of the first decisions to make when starting a business is what type of business entity to form. The limited liability company (LLC) is one of the most popular business structures because it offers a level of flexibility and legal protection that is attractive to many people who are starting their own businesses. The following six steps will help … Read More

What a Nuisance!

“What a nuisance!,” I overheard the woman say at the grocery store. “Farmer Johnson was out all night baling hay and making noise with his tractor.” I smiled knowing that Idaho law protects the right of a farmer to operate his farm without the threat of a nuisance lawsuit. Idaho’s Right to Farm Act states that agricultural operations are not … Read More

Public Warehouse

Before a person can lawfully operate a public warehouse in the State of Idaho he or she must first procure a license from the Idaho Department of Agriculture.  A public warehouse means any elevator, mill, warehouse, or other structure or facility  where agricultural commodities are received for storage, shipment, processing or handling.  An example would be your local elevator that … Read More

Fair Districts

Under Idaho law two (2) or more counties within the state may group themselves together and form a fair district.  Upon creation of a district the respective county members are required by law to appoint a board of directors.   The board of directors is in turn required to hold monthly meetings, keep track of funds, and make plans for a … Read More

Adopting a Child in Idaho

I just finished reading a book about adoption fraud in Tennessee in the early 1900s and it sparked a curiosity in me about how adoption started in our state and what protections our laws afford to children, birth families, and adoptive families in Idaho. Through my research, I learned that adoption became a recognized legal practice in the United States … Read More

Pocatello Settles Fee Payer Class Action Lawsuit for $4.5 Million

After five years of litigation, including a successful appeal to the Idaho Supreme Court, a class action lawsuit against the City of Pocatello over the recovery of illegally assessed utility fees has been settled for the amount of $4.5 million paid by the City. The class consists of all of the City of Pocatello’s utility fee payers who paid the … Read More

Employee Misclassification: The Fine Line between Non-Exempt & Exempt Employees

For as long as the Fair Labor Standards Act (FLSA) has governed the rules of employee classification, the confusion surrounding non-exempt and exempt classifications has continued. Although many people generally view “non-exempts” as non-managers and “exempts” as managers, the truth is that there is a fine line between the two. That line often gets employers into hot water and can … Read More