By: Kevin Stone and Brian Dempsey
The Supreme Court recently heard oral argument in Sheehan v. City and County of San Francisco and grappled with an important issue facing every law enforcement officer across the nation: Whether Title II of the Americans with Disabilities Act (ADA) requires law enforcement officers to provide accommodations to an armed, violent, and mentally ill suspect in the course of bringing the suspect into custody.
By: Joshua M. Lott
There is no comprehensive federal law that regulates drug testing of employees in the private sector, except particular employees in specific industries such as transportation. As a result, many states have enacted legislation regulating when, why, and how private employers may conduct drug testing on their employees. Generally speaking, drug testing in the private employment context is presumed lawful unless there is a specific restriction in a state’s law.
By: Amy Combs Bender
On March 27, 2015, a Final Rule issued by the Department of Labor will take effect expanding the Family and Medical Leave Act’s protections provided to same-sex and common-law marriages. As background, the FMLA permits employees to take unpaid leave related to a spouse in the following circumstances: to care for a spouse with a serious health condition, to take qualifying exigency leave due to the spouse’s covered military service, and to care for a spouse who is a covered servicemember with a serious illness or injury.