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Charles Wilbrand

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So far Charles Wilbrand has created 14 entries.

Arbitration Agreements and Power of Attorneys

The U.S. Supreme Court recently ruled in Kindred Nursing Centers L.P. v. Clark that under the Federal Arbitration Act, States cannot put more stringent requirements to forming an arbitration agreement compared to other contracts. This is not the first time the U.S. Supreme Court has made this type of ruling, but State Courts have […]

Summons of Garnishment – Answer them

Once a party is awarded a monetary judgment and becomes a judgment creditor, that party still needs to collect the judgment. The most common way a judgment creditor collects from a judgment debtor is by garnishment. Garnishments are sent to a person, entity or employer the judgment creditor believes has property that belongs to […]

Redesign of Long-Term Care Services

The Nebraska Department of Health and Human Services Division of Medicaid and Long-Term Care (MLTC) is working to redesign and improve the delivery of long-term services and supports. The redesign is needed due to an aging population, increased costs for medical care and state budget concerns.

The redesign will focus on six areas:

Improving the quality […]

Overtime Wage Claims

The Fair Labor Standards Act (FLSA) requires employers to pay overtime wages to employees, who are eligible for such wages. Not all employees are entitled to overtime pay because the FLSA provides exemptions. Whether an employee is exempt or nonexempt usually depends on 1) how much the employee is paid, 2) how the employee is paid and 3) the type […]

No “Reasonable Dispute” Defense in Wage Claims

The Nebraska Wage Payment and Collection Act (Neb. Rev. Stat. §§ 48-1228 -48-1234) provides that an employee has a wage claim, when wages are earned but not paid within thirty days of the regular payday designated. Wages include compensation for labor or services rendered, fringe benefits and unused vacation. The amount can be determined by time, fee, […]

LB 72 Signed into Law

The Nebraska State Legislature passed Legislative Bill 72 on May 7, 2015 and Governor Pete Ricketts signed it into law on May 13, 2015. LB 72 was introduced for the State to be reimbursed for Medicaid benefits paid to an individual. This blog previously discussed some of the problems with LB 72 as originally introduced. For […]

Post Shift Security Screenings Not Compensable

The United States Supreme Court has ruled that the time spent waiting to undergo end of shift security screenings are not compensable under the Fair Labor Standards Act (FLSA). Under the FLSA an activity is compensable if the activity is integral and indispensable to the principal activities that the employee is hired to perform.  The Court stated that for the […]

Claims for Unpaid Wages

Under the Nebraska Wage Payment and Collection Act an employee or former employee cannot bring a claim for unpaid earned wages until 30 days have passed from the missed regularly scheduled payday. If the employee is terminated or quits, her/his earned wages are not due until the next regularly scheduled payday. The counting period […]

Pre-employment Drug Tests Are Allowed

An employer under federal law is allowed to require its applicants to submit to pre-employment drug tests. Drug tests are not considered medical examinations under the Americans with Disabilities Act (“ADA”), and therefore, the employer does not need to make a conditional offer of employment before the drug test. Note that the drug tests do […]

Richard Knudsen Elected as Honorary Trustee of Cooper Foundation

The Cooper Foundation announced that Richard (Dick) Knudsen has been elected to serve as honorary trustee of the board of trustees. He was selected for his long and valuable service to the Cooper Foundation. Mr. Knudsen first started serving the Cooper Foundation in 1950 when he joined the law firm of Beghtol & Rankin. […]