Previously, I gave a brief overview of the Family and Medical Leave Act (FMLA), what it does, and to whom it applies. If you are considering using FMLA leave, you might be wondering if you have to use all 12 weeks provided by the FMLA consecutively, or you might wonder in what time period you have to use your leave. FMLA leave must be used in a 12-month period, but it does not have to be used ...
What can an employee who becomes pregnant expect from her employer? The Family and Medical Leave Act (FMLA) protects her job if she needs to take leave due to her pregnancy, the Pregnancy Discrimination Act (PDA) protects her from being discriminated against, and the Fair Labor Standards Act (FLSA) protects her ability to breastfeed at work. The FMLA protects employees who need to take leave due ...
Recently, in Maryland v. King , the United States Supreme Court held that performing cheek swabs to collect DNA for identification purposes from individuals arrested for serious offenses is a legitimate booking procedure, like fingerprinting and photographing, and therefore is reasonable under the Fourth Amendment. The case involved Alonzo King, a man who was arrested for felony assault. After his ...
If you or a loved one develops serious health condition requiring time off from work, the Family and Medical Leave Act prohibits certain employers from discriminating against you because you took time off from work. Only certain employers are covered by the act. If your employer is private and has less than 50 employees, it is not covered by the FMLA. Otherwise, your employer is likely covered. ...
Recently, a majority of States asked the Supreme Court to rule that warrants are not required for DUI blood tests. Answering this question in Missouri v. McNeely , the Supreme Court determined that DUI blood tests are a search under the 4thAmendment. Therefore, DUI blood tests will likely require a search warrant before they can be performed. Additionally, metabolizing of the alcohol in the blood ...
This year, the U.S. Supreme Court has decided two cases involving drug dog sniff tests. In the first case, Florida v. Harris , the Court ruled that a positive test by a drug dog whose abilities are supported by training and testing records, and whose abilities are not undermined by other evidence, is sufficient for probable cause to search inside a car. In the second case, Florida v. Jardines , ...
The U.S. Supreme Court recently held oral arguments for two cases involving homosexual marriage. The first, Hollingsworth v. Perry , argued last Tuesday, is a case about Proposition 8, an amendment to California's state constitution stating that California will only recognize marriage between a man and a woman. The second, United States v. Windsor , argued last Wednesday, involves the Federal ...
