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

Making an S Corporation Election as a Married Business Owner

If you’re a married business owner and you want your business to be taxed as an S corporation, there are several things you need to know. The difference between community property and co-ownership of an asset Let’s take the example of owning a car. If you and your spouse are both on the title to a car, you co-own the … Read More

I’m Starting a New Business – Should I Form an LLC or an S Corporation?

Entrepreneurship has been called the new American dream. Hanging a shingle starts with an idea that develops into a business plan, but not without careful financial and legal considerations. Among the decisions that new business owners grapple with is whether to form a limited liability company (LLC) or an S corporation (S corp). There are similarities and differences between LLCs … Read More