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6 Feb 2024, 7:12 am by Richard Reibstein Esq.
In early 2015, New Jersey borrowed the state’s strict ABC test under its unemployment law and adopted it as the new test for independent contractor status under its wage laws. [read post]
25 Apr 2009, 3:21 am
  A constitutional test was assured, if Congress gave the Act further life. [read post]
14 Oct 2010, 6:31 am by Richard Renner
" Justice Alito then began a line of questioning to test how minimal a complaint could be and still be protected. [read post]
26 Aug 2014, 11:17 am
  In light of which, we might need to amend the wisdom of Confucius:  “Silence is a true friend who never betrays” except under federal pleadings standards. [read post]
19 Nov 2008, 6:47 pm
The appeals court remanded the case to allow the district court to assess the complaint under  the "at least as compelling" test. [read post]
21 Jun 2019, 7:23 am by Dan Kirkpatrick and Keenan Adamchak
  Such suitable techniques include, but are not limited to usage of:  (1) the U/D ratio methodology previously applicable only to potential interference complaints; (2) the FCC’s standard contour predicted methodology specified in Section 73.313 of the Commission’s rules; (3) on/off testing; and (4) on-site field strength measurements. [read post]
7 Jul 2015, 10:02 am by Daniel Fong*
  However, the Department dismissed the complaint, classifying Triangle Center’s lot as a legal nonconforming use. [read post]
14 Oct 2014, 1:17 pm by David Colapinto
  Such uniformity is helpful to both employees and employers alike and promotes the change in work place culture in how whistleblower complaints are treated — as Congress intended when it enacted this standard of proof and burden shifting framework in a wide range of whistleblower statutes. [read post]
6 Apr 2016, 8:58 am by Holland & Hart
Different Standards For Managers and Non-Managers Most managers are also employees, as defined by the FLSA. [read post]
20 Jun 2023, 11:42 am by Colin Zick
The company’s website used images of locks, keys, and secure clouds, and also contained the following privacy and data security-related statements: “We use industry standard security practices to store your DNA sample, your test results, and any other personal data you provide. [read post]
13 Dec 2017, 9:01 am by Rebecca Tushnet
The complaint alleged that CSA materially represented, through its certification, that Hyxion’s products met certain safety standards, even though CSA had not properly tested the products. [read post]
11 Apr 2011, 3:30 am by admin
The Question Does the Fair Labor Standards Act (FLSA) provision that prohibits retaliation against employees who “file” a complaint cover verbal complaints? [read post]
19 Dec 2008, 1:24 pm
In brief, the Court of Appeal held: (1) that the Unruh Act “does not require the alteration of standardized testing conditions to accommodate applicants with learning and reading-related disabilities,” see Turner, at 100-03, and (2) that California’s Disabled Persons Act “guarantees access to public places but does not require a modification of standardized testing procedures to accommodate learning and reading-related… [read post]
30 Jan 2009, 10:31 pm by ~
While these groups do not have a legal requirement to test their inventory, they must meet all standards enacted by Congress. [read post]
9 Mar 2016, 10:16 am by John F. Fullerton III and Jason Kaufman
Applying this standard, the district court held that the plaintiff’s complaints to his managers (that certain fire safety designs were not properly reviewed) were not protected. [read post]
6 Sep 2020, 6:04 pm by Francis Pileggi
A possible time-will-tell take-away from this opinion could make it easier for Caremark claim plaintiffs to survive the pre-suit demand test. [read post]