Russell L. Samson

Jurisdictions

Admitted to practice in the following states:

•  Iowa

Admitted to practice before the following federal courts:

• U.S. Court of Appeals for the Eighth Circuit
• U.S. District Court for the Southern District of Iowa
• U.S. District Court for the Northern District of Iowa

Reported Cases and Representative Matters

• Successfully represented a business which provides on-site services to other businesses in a union organizing campaign by a union which represented employees of the customer; was successful in having two unfair labor practices dismissed by the Regional Director (and the decision affirmed on appeal).
• Successfully represented a business which was the target of “consumer advisory” picketing (including “shame” banners, “giant rat” balloons and a “ratmobile” following trucks and equipment to customers’ sites), including having unfair labor practices dismissed by the Regional Director (which decision was affirmed on appeal by the union).
• Has represented several businesses in Department of Labor audits under the FLSA (including one where a primary issue involved the “computer exemption”) and under Davis-Bacon. Was successful in having an erroneously published Davis-Bacon rate corrected.

Memberships & Activities

• Iowa State Bar Association
  • Member, Labor and Employment Law Section
• American Bar Association
  • Member, Labor and Employment Law Section
• Polk County Bar Association

Articles, Presentations, and Publications

• Co-Presenter, "A Look at the NLRB's New Framework for Union Organizing," ABC of Iowa Seminar/Webinar, Ankeny, Iowa, October 31, 2023
• Author, A Lesson in Both Cybersecurity and Responding to Requests for Employee Records, Iowa Employer Law Blog, June 22, 2023
• Author, Ignoring a Failed Drug Test as a "Reasonable Accommodation?", Iowa Employer Law Blog, October 28, 2022
• Co-Author, CDC and Iowa Guidelines After COVID-19 Exposure Now Conflict: Which Should Iowa Employers Follow?, Iowa Employer Law Blog, October 1, 2020
• Author, "You're Fired." Cut the Euphemisms: At Least Trump Got The Right on "The Apprentice," Iowa Employer Law Blog, August 25, 2020
• Author, DOL Has Revised Its "COVID-19" Poster, Iowa Employer Law Blog, March 30, 2020
• Author, Identification of Essential Critical Workforce During COVID-19 Response, Iowa Employer Law Blog, March 23, 2020
• Author, Employers: Avoid Ageist Assumptions and Confine Required Medical Exams to Parameters of ADA, Iowa Employer Law Blog, March 2, 2020
• Author, Iowa Employers Need to Be Mindful of the Breadth of Iowa's Prohibition Against Age Discrimination, Iowa Employer Law Blog, January 31, 2020
• Author, Iowa’s Court of Appeals Answers Several Questions Regarding the State’s “Byzantine” Drug Testing Statute – Part Two, Iowa Employer Law Blog, January 29, 2020
• Author, Iowa's Court of Appeals Answers Several Questions Regarding the State's "Byzantine" Drug Testing Statute - Part One, Iowa Employer Law Blog, January 28, 2020
• Author, NLRB: Rules Requiring Employees to Maintain “Confidentiality” During Open Investigations Lawful, Iowa Employer Law Blog, January 23, 2020
• Author, NLRB Permits, Again, Employers to Restrict Use of Email – Maybe, Iowa Employer Law Blog, January 22, 2020
• Author, NLRB Declines Jurisdiction Over Democratic Presidential Campaign, Iowa Employer Law Blog, December 17, 2019
• Author, Non-Disparagement Clauses in Cross-Hairs of NLRB – Lessons for Employers and their Employment Lawyers - Part Two, Iowa Employer Law Blog, December 5, 2019
• Author, Non-Disparagement Clauses in Cross-Hairs of NLRB – Lessons for Employers & their Employment Lawyers - Part One, Iowa Employer Law Blog, November 25, 2019
• Author, Better Late Than Never? Have You Filed Your EEO-1 Component 2 (Pay Data) Forms Yet?, Iowa Employer Law Blog, November 15, 2019
• Author, Democratic Presidential Campaigns as "Employers", Iowa Employer Law Blog, September 19, 2019
• Author, Inability to Work Unpredictable, Unscheduled Overtime Renders an Individual "Not Qualified" for ADA Purposes, Iowa Employer Law Blog, September 17, 2019
• Author, Three Things Affirmative Action Employers Can Learn from OFCCO v. Enterprise Rent-A-Car Baltimore, July 30, 2019. 
• Author, Employer Lessons on Non-DOT Drug Testing Gleaned From EEOC Lawsuit, Iowa Employer Law Blog, July 20, 2018
• Author, Iowa Will Permit Employers to Have a Lower Standard For Positive Alcohol Tests July 1, 2018 , Iowa Employer Law Blog, April 4, 2018
• Author, Retired Teamsters Facing Dramatic Pension Cuts See Hope in New Federal Legislation, Iowa Employer Law Blog, January 10, 2018
• Author, NRLB Reinstates Old "Joint Employer" Test, Iowa Employer Law Blog, December 21, 2017
• Author, 2017 Alcohol Testing Amendments to Iowa's Private Sector Drug-Testing Statue, Iowa Employer Law Blog, June 21, 2017
• Author, 2017 Amendments to Iowa's Private Sector Drug Testing Statue Allow for Testing Hair Samples of Prospective Employees Only, Iowa Employer Law Blog, June 8, 2017
• Author, How Not To Lose the Attorney-Client Privilege Over Communications With Your Attorney, Iowa Employer Law Blog, January 26, 2017
• Author, No Last Minute "Stay" of Federal OSHA "No Retaliation" Rules, Iowa Employer Law Blog, December 1, 2016
• Presenter, "EEO-1 Basics - Standard Form 100," Employment Law Client Seminar, West Des Moines, Iowa, October 26, 2016
• Author: Employers Need Requirements for "Immediate Reporting" of Work-Related Injuries and Post-Accident Drug-Testing Policies, Iowa Employer Law Blog, July 27, 2016
• Author, Employer Reminder: Mandatory "Military Leave" Includes Short Notice Leave for "Funeral Honors Duty", Iowa Employer Law Blog, June 8, 2016
• Author, The Critical Role of an MRO in Drug Testing -- Federal and Iowa, Iowa Employer Law Blog, May 11, 2016
• Author, My Personal Nightmare: The Shoemaker’s Children Go Barefoot: Law firms are not exempt from state employment laws — Including “WARN” requirements, Iowa Employer Law Blog, February 25, 2016
• Author, A Fired Football Coach’s Lawsuit Provides a Cautionary Tale for Employers, Iowa Employer Law Blog, December 10, 2015
• Author, Administrative Wage Garnishment – U.S. Department of Education, Iowa Employer Law Blog, November 9, 2015
• Author, It’s “Pay Transparency” Handbook Amendment Time for Affirmative Action Employers, with a Supplemental Poster Requirement, Iowa Employer Law Blog, October 20, 2015
• Author, $2.25 Million Judgment Dumped on Employer for Failing to Comply with GINA, Iowa Employer Law Blog, June 25, 2015
• Author, Title VII vs. NLRA on the Picket Line: Employers in a Quandary, Iowa Employer Law Blog, June 25, 2015
• Author, EEOC Must “Conciliate” Before It Brings Suit Under Title VII and What That Means, Iowa Employer Law Blog, June 24, 2015
• Author, What the DOL-Staples Settlement Teaches Us About FMLA Notices and Disciplinary Action, Iowa Employer Law Blog, June 15, 2015
• Author, Supreme Court “Clarifies” (a/k/a Creates) Obligations of Employers to Accommodate Work Restrictions of Pregnant Employees, Iowa Employer Law Blog, April 29, 2015
• Author, Whole Foods and the Fair Credit Reporting Act — It’s Not Easy Being Green, Iowa Employer Law Blog, April 7, 2015
• Author, Supreme Court: Mortgage Loan Officers Today Are More Likely Than Not Entitled to Overtime Compensation, Iowa Employer Law Blog, March 25, 2015
• Author, Lessons in Payroll: Advances on Wages, Personal Expenses, and Escrow Accounts for Property Damage, Iowa Employer Law Blog, March 20, 2015
• Author, Lance Armstrong: Finality of Arbitration and the Wisdom of Settlement in a Litigation Context, Iowa Employer Law Blog, March 4, 2015
• Author, FMLA Pop Quiz, Iowa Employer Law Blog, January 29, 2015
• Presenter, “Unemployment Tips,” 2014 Employment Law Client Seminar, West Des Moines, Iowa, October 23, 2014
• Author, Still No Standard on Whether Off-Duty Profanity Toward Your Boss is Protected, Iowa Employer Law Blog, June 26, 2014
• Author, Military Leave / USERRA – Summer 2014, Iowa Employer Law Blog, June 16, 2014
• Author, “Rethinking the Meaning of “Attendance” and “Workplace,” Iowa Employer Law Blog, June 4, 2014
• Author, Momma, Let’s Go to Las Vegas on FMLA Leave!, Iowa Employer Law Blog, February 6, 2014
• Author, A-Rod’s Arbitration: A reminder for employers, in Iowa and elsewhere, about drug use in employment, Iowa Employer Law Blog, January 28, 2014
• Author, Thoughts of Colorado’s legalization of recreational marijuana leads to an Iowa drug testing reminder, Iowa Employer Law Blog, January 14, 2014
• Author, NLRB’s “poster rule” dead, Iowa Employer Law Blog, January 9, 2014
• Presenter, “Dos and Dont's of Labor Law,” ABC of Iowa, Des Moines, Iowa, November 1, 2013
• Presenter, “Common Legal Risks Faced by Employers When Managing the FMLA,” 2013 Employment Law Client Seminar, October 10, 2013
• Author, Are Mortgage Loan Officers “Exempt” Under the FLSA or Not?, Iowa Employer Law Blog, July 11, 2013
• Author, Supreme Court Clarifies Employer Liability for Supervisor Harassment Under Title VII, Iowa Employer Law Blog, June 26, 2013
• Author, New FMLA Posters Availalbe, Iowa Employer Law Blog, February 15, 2013
• Author, No Legal Quorum at the NLRB – Again, Iowa Employer Law Blog, January 25, 2013
• Author, The Payroll Tax for Employees Returns to 6.2 Percent in 2013, Iowa Employer Law Blog, January 4, 2013
• Author, Post-Rehab Alcohol Testing: You Can in Iowa, But Should You?, Iowa Employer Law Blog, November 29, 2012
• Author, NLRB Guidance on “At-Will” Employment Statements, Iowa Employer Law Blog, November 26, 2012
• Presenter, “Pay Now or Pay (Double + Fees) Later: Iowa’s Wage Payment Collection Law – Chapter 91A,” Employment Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., West Des Moines, Iowa, October 11, 2012
• Author, Employer’s Award of Attorney Fees Reversed by Eighth Circuit in Iowa Sexual Harassment Case, Iowa Employer Law Blog, March 6, 2012
• Author, Court Upholds NLRB Poster Rule, Finds Some Enforcement Rules Invalid, and Rejects Attempts to Add a Challenge to Recess Appointments, Iowa Employer Law Blog, March 2, 2012
• Author, Employer Claims “Gross Misconduct” Exception After Being Sued for Failure to Send Proper COBRA Notices, Iowa Employer Law Blog, February 17, 2012
• Author, Proposed Rules Extend Minimum Wage and Overtime Protections to Many In-Home Care Workers, Iowa Employer Law Blog, January 12, 2011
• Author, NLRB Delays Employee Rights Notice Posting Rule Until April, Iowa Employer Law Blog, December 28, 2011
• Author, The NLRB Once Again Readies to Lose a Quorum, Iowa Employer Law Blog, December 15, 2011
• Presenter, “Labor Law Basics for Non-Union Employers,” Client Employment Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., West Des Moines, Iowa, October 20, 2011
• Presenter, “Employee Rights Posted” and “NLRB Decision on Small Units,” Human Resources Network Meeting, Iowa Association of Homes & Services for the Aging, October 12, 2011
• Author, Implementation of NLRB Notice-Posting Rule Postponed, Iowa Employer Law Blog October 5, 2011
• Presenter, Davis-Bacon Seminar, Associated Builders & Contractors of Iowa, Altoona, Iowa, September 28, 2011
• Author, New NLRB Poster Is Available – Almost, Iowa Employer Law Blog, September 14, 2011
• Author, More Posters: New NLRB Rule for Virtually Every Private Employer, Iowa Employer Law Blog, September 1, 2011
• Author, Employer Liability for Off-Duty Tortious Conduct, Iowa Employer Law Blog, August 15, 2011
• Author, Notice of Employment Actions Based on Credit Score, Iowa Employer Law Blog, July 14, 2011
• Author, NLRB Okays Rats – BIG RATS!, Iowa Employer Law Blog, June 23, 2011
• Author, Lessons for Employers in the Rejection of “The Harvard Twins'” Efforts to Reopen the Settlement with Facebook, Iowa Employer Law Blog, April 13, 2011
• Author, Jury Verdict Rejects Claim of ‘Mortgage Bankers’ Against Quicken Loans, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., March 18, 2011
• Author, Charlie Sheen Claims ‘Perceived’ Disability Discrimination, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., March 14, 2011
• Author, Supreme Court Affirms ‘Cat’s Paw’, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., March 4, 2011
• Author, Affirmative Action Plans and EO 13496 Posters: Financial Institutions’ Obligation, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., February 16, 2011
• Author (with Ted W. Craig), Green Bay Packers-Themed Tie Leads to Firing, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., January 28, 2011
• Author, Didn’t You Get That Notice We Sent?, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., January 10, 2011
• Author, “The Sixth Circuit’s FMLA Reminders to Employers,” Hire Perspectives Newsletter, Dickinson, Mackaman, Tyler & Hagen, P.C., Winter 2010/2011 Edition
• Author (with Ted W. Craig), “Iowa’s New Concealed Weapon Permit Law,” Hire Perspectives Newsletter, Dickinson, Mackaman, Tyler & Hagen, P.C., Winter 2010/2011 Edition
• Author, Notice of Proposed Rulemaking from the National Labor Relations Board,Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., December 23, 2010
• Author, DOL Issues/Seeks Guidance on Requirement That Employers Provide Reasonable Break Time for an Employee to Express Breast Milk, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., December 22, 2010
• Author, Sixth Circuit’s FMLA Reminders to Employers, Part Three: It Ain’t Over ‘Til It’s Over, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., November 11, 2010
• Author, Sixth Circuit’s FMLA Reminders to Employers, Part Two: The Designation Notice, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., November 2, 2010
• Presenter, “The Unemployment Compensation Process from Start to Finish,” “Case Law & Legislative Update” and “Dickinson Legal Theater: Help Wanted,” Client Employment Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., Johnston, Iowa, October 14, 2010
• Author, Sixth Circuit’s FMLA Reminders to Employers, Part One: Send the ‘Rights and Responsibilities’ Notice, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., October 6, 2010
• Author, Iowa Minimum Wage and FLSA: Spoerle Decision Suggests Iowa Employers Check Their Application of ‘Hours Worked’ Standards, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., August 9, 2010
• Author, Employers Beware ‘National Sexual Harassment Registry’, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., July 15, 2010
• Author, Arbitration: Employers – Caveat Emptor, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., June 15, 2010
• Author, Effective July 1, 2010: The Iowa Worker Adjustment and Retraining Notification (WARN) Act, Iowa Employer Law Blog, Dickinson, Mackaman, Tyler & Hagen, P.C., May 21, 2010
• Presenter, “The Lilly Ledbetter Fair Pay Act and the Varnum Same-Sex Marriage Decision: Actions Employers Should Take Now,” Client Employment Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., West Des Moines, Iowa, October 8, 2009
• Author, “Impact of Iowa Supreme Court’s Decision on ‘Same Sex’ Marriage on Employee Benefit Plans Provided by Iowa Employers,” Hire Perspectives Newsletter, Dickinson, Mackaman, Tyler & Hagen, P.C., Summer 2009 Edition
• Author, “Significant Changes Made in Iowa’s ‘Wage Discrimination’ Law,” Hire Perspectives Newsletter, Dickinson, Mackaman, Tyler & Hagen, P.C., Summer 2009 Edition
• Author, “‘Substantial Compliance’ with Iowa’s Drug Testing Statute,” Hire Perspectives Newsletter, Dickinson, Mackaman, Tyler & Hagen, P.C., Spring 2009 Edition
• Author, “Present Signs Lilly Ledbetter Fair Pay Act of 2009,” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., January 29, 2009
• Author, “‘Instant’ Drug Tests,” Hire Perspectives Newsletter, Dickinson, Mackaman, Tyler & Hagen, P.C., Winter 2008/2009 Edition
• Presenter, “The Iowa Smokefree Air Act and Other New State and Federal Statutes,” Client Employment Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., Johnston, Iowa, October 16, 2008
• Presenter, “What Employers Do Right and Wrong: What I Have Learned Over the Years,” Client Employment Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., Johnston, Iowa, October 26, 2006
• Presenter, “More About Drug and Alcohol Testing Outside of the Unemployment Context,” and (with Jeffrey A. Krausman) “An Update on What the Labor Boards Have Been Up To,” Client Employment Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, Iowa, October 28, 2005
• Author, “Be Cautious of ‘Buy-Backs’ of Accumulated But Unused Leave,” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., December 3, 2004
• Author, “Final COBRA Notice Regulations Issued,” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., September 1, 2004
• Presenter, “Final COBRA Notice Regulations Issued” and (with Jeffrey A. Krausman) “Labor Law Impact on General Policy Development,” Client Employment Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, Iowa, October 28, 2004
• Author, “Avoiding the Wal-Mart Type Raids,” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., January 30, 2004
• Presenter, “What Every Employer Needs to Know About Military Leave Issues,” Client Employment Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, Iowa, October 23, 2003
• Author, “Tell Your Friends – Drugs,” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., March 1, 2003
• Author, “A Little Bit About a Couple of Things: Employment References and ‘Secret Salaries,’” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., December 1, 2002
• Presenter, “Privacy Issues in the Workplace,” Client Employment Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, Iowa, October 10, 2002
• Author, “Privacy Issues in the Workplace,’” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., October 10, 2002
• Author, “But After I Win, Then Can I Sue Them?,’” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., September 1, 2002
• Author, “Direct Threat to Self – Common Sense Prevails,” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., September 1, 2002
• Presenter (with Jeffrey A. Krausman), “Labor Law Update: Public & Private,” Client Employment Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, Iowa, April 2, 2002
• Author, “Employer Investigations: Nonunion Employees’ Right to Representation,” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., March 31, 2002
• Author, “‘Adverse Impact’ Injected into Federal Labor Law,” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., March 31, 2002
• Author, “‘Salaried’ – ‘A Word to the Wise Is Sufficient,’” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., January 1, 2002
• Author, “Leave Rights of Members of the Armed Forces,” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., October 1, 2001
• Author, “U.S. Circuit Court Upholds Employer’s Right to Bar Abusive Language in the Workplace,” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., September 1, 2001
• Author, “Uniformed Services Employment and Re-Employment Rights Act (USERRA),” Dickinsonlaw.com, Dickinson, Mackaman, Tyler & Hagen, P.C., November 1, 2000
• Presenter, “What Every Employer Needs to Know About Section 7 Rights” and “What Do I Need to Know About Unemployment Compensation?” Client Employment Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, Iowa, October 5, 2000
• Presenter, “Conducting Investigations Under the FRCA,” Client Employment Law Seminar, Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, Iowa, October 7, 1999

Blog Articles