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2 Sep 2022, 8:25 am
The Court stated, “As Standard explained in its denial letters, the test for receiving disability benefits is not whether Foss cannot perform her specific job with her specific employer—it is whether she could not perform that category of job with any employer. [read post]
23 Apr 2024, 7:15 am
The hotly contested 2020 Presidential Election was filled with complaints—not only about the election results, but also about the voting process itself. [read post]
24 May 2013, 5:00 am
Because plaintiffs can’t make up performance standards the way the plaintiff in Kaiser tried to do, it’s a firm, fixed standard that a complaint either satisfies or does not. [read post]
26 May 2022, 9:00 pm
Twenty were prompted by a consumer complaint and eight by routine government testing. [read post]
19 Oct 2017, 6:21 am
Five-factor test. [read post]
24 Sep 2013, 4:32 pm
On August 28, the Federal Trade Commission (FTC) filed an administrative complaint against medical testing laboratory LabMD based on allegations that the company engaged in “unfair acts or practices” by failing to employ “reasonable and appropriate measures to prevent unauthorized access to personal information. [read post]
13 Jan 2022, 6:00 am
” The investigation found that “ICDC generally met ICE detention standards, which specify that detainees have access to appropriate and necessary medical, dental, and mental health care. [read post]
20 Aug 2009, 4:47 pm
This test is a welcome departure from standards like the one in Virginia. [read post]
9 Jul 2012, 4:37 am
The complaint alleges that the challenged physical ability test does not meet this standard and, thus, qualified women have been unnecessarily kept out of entry-level police officer jobs. [read post]
30 Oct 2009, 2:57 am
In a prior post (here), I discussed the question whether the "facial plausibility" test of Twombley and its more recent companion case, Iqbal, would have much impact on securities cases, given the PSLRA’s heightened pleading standards. [read post]
30 Jun 2014, 12:26 pm
The employee’s story painted a picture of being picked on and held to a different standard. [read post]
19 Oct 2023, 7:07 am
" While Lundy holds that the FLSA complaint will be dismissed if the plaintiffs only allege that at some undefined period in their employment they worked more than 40 hours in a single week, the plaintiffs in this case did not fall below the Lundy standard. [read post]
29 Nov 2021, 1:39 pm
The Biden administration is fighting in court for its vaccinate-or-test mandate. [read post]
24 Jun 2020, 9:05 pm
With over 340,000 ongoing human research studies registered in one U.S. federal agency’s database alone, it is no surprise that many Americans participate as test subjects in scientific studies. [read post]
14 May 2015, 4:30 am
The OCG compared two possible legal test for “joint employers,” the Board’s current standard and the “industrial realities” test. [read post]
23 Dec 2015, 5:10 am
Instead, it concluded that the “fair notice” test articulated by the U.S. [read post]
23 Dec 2015, 5:10 am
Instead, it concluded that the “fair notice” test articulated by the U.S. [read post]
29 Jun 2023, 6:18 am
Justices Sotomayor and Gorsuch write separately to state that the recklessness test is OK for some true threat cases, such as this Internet stalking case, but that the Court should leave open the possibility that a different mens rea standard might apply in other true threat cases. [read post]
20 Apr 2020, 11:16 am
OSHA notes in the memo that the complaints received from employees may deal with: Lack of PPE, including respirators, gloves, and gowns; Failure to provide training on applicable safety standards; and, Failure to provide information on possible COVID-19 illnesses in the workplace. [read post]
26 Oct 2018, 3:05 pm
Nor did it address the appellate court’s ruling that “insofar as the causes of action in the complaint . . . are not governed by the wage order” and predicated solely on the Labor Code, “the Borello standard is the applicable standard for determining whether a worker is properly considered an employee or an independent contractor. [read post]
