Business Law

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Iowa Drug and Alcohol Testing in the Workplace

By Joseph Rust Ordering and administrating a drug or alcohol test on an employee or prospective employee is not as straightforward as one might expect. An employer cannot simply order a test on an employee for suspected drug use but must follow the procedures set out in the Iowa Code section 730.5. An employer may [...]

By | February 14th, 2019|Business Law|

Non-Compete Agreements in Iowa

By: Joseph Rust Employees are often considered a company's greatest asset.  In many cases, your employees give you the advantage over your competitors, and therefore, the success of your business is directly affected by the performance of your employees. That can be why it is so important to train and develop your employees in their role [...]

By | January 15th, 2019|Business Law|

Should An Unpaid Subcontractor Ever Walk Off The Job?

By: Joseph Rust Speak with any subcontractor, and they will have undoubtedly encountered the following scenario: having not been paid by a general contractor for the work performed. So, should an unpaid subcontractor walk off the job before the project is complete? Speak with an experienced construction lawyer, and the answer will undoubtedly be a [...]

By | December 17th, 2018|Business Law|

How Long Should you Keep Business Records?

By: Joseph Rust In an increasingly paperless world, many businesses are not sure how long records must be retained.  Document retention or record keeping in a small business may not be as cumbersome as for a large corporation, but it similarly as important. Additionally, small or family businesses likely don't have a staff member dedicated [...]

By | November 14th, 2018|Business Law|

Misclassification of Iowa Workers

By: Joseph Rust Does your business have employees or do you use independent contractors? Maybe it is a combination of both? The misclassification of employees as independent contractors presents one of the most serious problems facing affected workers, employers, and even the entire economy. Employers need to be very careful and absolutely certain when classifying [...]

By | September 25th, 2018|Business Law|

Common Pitfalls When Running a Family Business

By Joseph Rust Own or operating a business with your family?  Over half of the businesses currently operating in the United States are family businesses.  While the term family business is used loosely most would agree it is some business with a combination of multiple family members involved as the owners, managers and employees.  These can [...]

By | July 18th, 2018|Business Law|

Trademarks and Business Protection

Operating a business and want to distinguish your goods and services from those of all other companies? You should likely consider filing for a trademark. A trademark or service mark or also simply referred to as a "mark" is a word, name, symbol, device, or even any combination of used to distinguish the goods or [...]

By | October 3rd, 2017|Business Law, Regulatory Compliance|

Obtaining and Conducting Business using a DBA

Own a Company but operating your business under a different name than originally used to form the business? Have you registered, filed, or recorded for a Doing Business As, "DBA", or "d/b/a" also known as Trade Name, Fictitious Business Name or Assumed Name? Depending on how your company is organized you will need to file [...]

By | August 3rd, 2017|Business Law|

Considering an Employment Contract?

You have probably heard many times, a company is only as good as its employees. In Iowa, we are in what is known as an at-will employment state. At-will employment means that if there is no formal agreement in place, generally either the employer or employee can end that relationship at any time for any [...]

By | July 10th, 2017|Business Law, Employment Law|

Business Break Up: A Look into Buy-Sell Agreements

A FALLING OUT between business owners is usually not a focus of discussion when planning on starting a business. Typically those starting out focus on the next big idea and how their new business will be owned and managed. More times than not, when those initial discussions involve two or more people entering business together, [...]

By | June 5th, 2017|Business Law, Employment Law|