On January 1, 2017, the Nebraska Model Business Corporation Act (“Act”) went into effect. Its adoption provides numerous changes for the formation and operation of Nebraska corporations. This article will highlight three of the changes from the Act that any corporation should consider adopting and incorporating into their governing documents. […]
Publications
Another New Form I-9?
on Tuesday, 8 August 2017 in
Publications
Yes, you heard correctly! Just when employers were getting used to the January 2017 version, the USCIS released another revised version of Form I-9, Employment Eligibility Verification. For now, employers may use this revised version or continue using Form I-9 with a revision date of November 14, 2016 through September […]
The Eighth Circuit Refuses to Enforce “Unreasonable” Noncompete Agreement Against Independent Contractor Where Customer Relationships Spanned Career Beyond Relationship with Ag Spectrum and Independent Contractor Was Not Unjustly Enriched
on Tuesday, 8 August 2017 in
Publications
The Eighth Circuit Court of Appeals recently held that an Iowa agricultural products company could not enforce a noncompete agreement against one of its independent contractors as it was unreasonable. Ag Spectrum Co. v. Elder, __ F.3d__, 2017 WL 3271303, at *1 (8th Cir. Aug. 2, 2017). Vaughn Elder […]
Department of Labor Update
on Tuesday, 8 August 2017 in
Publications
A lot has happened (and in some cases, not happened) this summer related to the Department of Labor’s Wage and Hour Division, so let’s get caught up! DOL Overtime Regulations Update: What We Know and What We Don’t Since November, we’ve been waiting for final resolution regarding the DOL’s revised […]
Liquidated Damages as Unenforceable Contract Breach Penalty – The Nebraska Court of Appeals Weighs In
on Thursday, 3 August 2017 in
Publications
In the May 23, 2017 decision in the case of Computer Support Services (d/b/a Cyzap) v. Vaccination Services (d/b/a TotalWellness), the Nebraska Court of Appeals considered whether a liquidated damages provision in a contract was enforceable. In this case, an IT vendor called Cyzap had entered into an arrangement with […]
