Hunt & Associates P.C.

Feb 24, 2015

Employer Obligations under the Family Medical Leave Act and the Changing Definition of Marriage

The U.S. Department of Labor has scheduled announcement that it will issue a Final Rule effective March 27, 2015 expanding the definition of “spouse” for purposes of determining an employee’s entitlement to Family Medical Leave. Specifically, the new rule will define a “spouse” for purposes of FMLA leave in accordance with the law of the state where the marriage was celebrated rather than under the law of the employee’s residence. Thus, a same sex marriage … Read more

Feb 17, 2015

An Injured Seaman’s Rights under Admiralty Law

A seaman who suffers injury while engaged in the service of a vessel has legal remedies which are unavailable to any other worker. Unlike the typical shore-based employee, who is generally limited to workers’ compensation benefits for injuries occurring in the course and scope of his employment, an injured seaman has the following remedies available to him or her:

  1. Maintenance and cure;
  2. A claim against the vessel owner for the vessel’s “unseaworthiness”; and,
  3. A claim
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Feb 2, 2015

When Can the Government Take Property without Paying Compensation?

The Fifth Amendment to the United States Constitution requires the federal government to pay “just compensation” when it takes private property. While that rule sounds clear in principle, it doesn’t often seem to mean what it says either to government or to the courts. On the contrary, it seems as though the federal government actually can and does take private property for its own use without paying “just compensation” or, in fact, without paying any … Read more