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Does Obamacare Extend Father’s Child Support Obligation?

Both lawyers and laypersons have heard of the “law of unintended consequences.” This is when policymakers craft new laws to address one set of problems, only to create a new set of problems with the laws they have just passed. Much has been written in recent years about the unintended consequences of the Affordable Care Act, also known as “Obamacare.” Some argue that this new law will hurt the economy or negatively impact health service…

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Will Virginia Lower the Legal Limit from 0.08 to 0.05 for DUI Cases?

The federal National Transportation Safety Board  (“NTSB”) today voted unanimously to recommend a nationwide reduction of the “legal limit” in DUI cases from 0.08 to 0.05.  To illustrate what an extreme drop this would be, one is presumed sober under current Virginia law if his blood alcohol content (“BAC”) is below 0.05. Many people can reach a BAC of 0.05 with one to three drinks.  Since few can tell when they are 0.05 versus 0.04,

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Do Felony Hit and Run Cases Require Injuries More Than Muscle Pain? Ask the Arlington-Fairfax Attorney.

QUESTION:  I am charged with the felony “Hit and Run.”  The victim went to the hospital, but was told that her temporary back pain was the muscle – no broken bones.  Does this count as an “injury” to support the felony charge? ANSWER:  In Virginia, for Hit & Run cases, “injury” is defined very broadly.  It includes muscle pain caused by the accident. Virginia Code § 46.2-894 is one of the Hit & Run statutes. 

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Employers Can Breathe a Sigh of Relief: D.C. Circuit Invalidates NLRB’s Controversial “Notice Rule”

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit invalidated the controversial rule recently promulgated by National Labor Relations Board (the “Board”).  The August 30, 2011 “Notice Rule” is formally known as the “Notification of Employee Rights under the National Labor Relations Act.”  The Rule would have required all employers subject to its provisions to post notices to employees informing them of their rights under the National Labor Relations

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Ask the Employment Law Attorney: Napping on the Job – Can an Employee with a Sleep Disorder be Fired?

Question:  I can only sleep two to four hours a night.  A doctor says I can work only eight hours a day as a result of this.  My employer says they’ll fire me if I don’t agree to work against doctor’s orders.  Can they do this? Answer:  One’s failure to sleep well can be a disability, and one who suffers insomnia may be protected from employment termination under the Americans with Disabilities Act (“ADA”).  The

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