Supreme Court Update: Drug Dog’s Sniff is “Up to Snuff”
2/21/13
By: Brian Dempsey
In a unanimous decision, the Supreme Court concluded that an “alert” by a well-trained narcotics detection dog establishes probable cause for the search of a vehicle’s interior for further evidence of illegal drugs. Florida v. Harris, …
NLRB Recess Appointments Invalidated
2/18/13
By: Anthony Del Rio
On January 25, 2013, the U.S. Court of Appeals for the District of Columbia held that President Obama’s recess appointments of three members to the National Labor Relations Board (“NLRB”) were invalid. Noel Canning Div. of …
Disability or Criminal Behavior? ADA Claims Involving Law Enforcement
2/7/13
By: Brian Dempsey and Ali Sabzevari
Title II of the Americans With Disabilities Act (“ADA”) prohibits a “public entity” from discriminating against a “qualified individual with a disability” based upon that individual’s disability. An individual is deemed to have a …
Keys to Effective Hold Harmless Agreements
2/7/13
By: Bart Gary
The Hold Harmless (Indemnity) Clause of a contract is like the lifeboats on a cruise ship — they just hang around until disaster strikes, and you hope they still work. Periodic review keeps them from becoming obsolete …
DOL Issues Final Rule Implementing FMLA Expansions for Military Caregivers and Airline Flight Crew Employees
2/6/13
By: La’Vonda McLean
On February 5, 2013, the Department of Labor (“DOL”) issued its Final Rule implementing statutory amendments to the FMLA regarding leave for military caregivers and airline flight crews. These statutory changes incorporate amendments made by the National …
Healthcare Act: DOL Extends March 1st Deadline for Employers to Give Notice of Exchanges
2/5/13
By: David Cole
The Affordable Care Act requires employers to provide written notice to employees of the availability of insurance through state or federal health exchanges, which are scheduled to begin operation on January 1, 2014. The written notice must …