Posts tagged with: "369"
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8 May 2023, 10:44 am
Background Just a few years ago (as we covered at the time), in General Motors, 369 NLRB No. 127 (2020), the Board rejected the use of these same context-specific standards in the strongest of terms—explaining that “setting-specific standards” not only had “failed to yield predictable, equitable results,” but also, in some cases had “conflicted alarmingly with employers’ obligations under federal, state, and local antidiscrimination laws. [read post]
8 May 2023, 10:44 am
Background Just a few years ago (as we covered at the time), in General Motors, 369 NLRB No. 127 (2020), the Board rejected the use of these same context-specific standards in the strongest of terms—explaining that “setting-specific standards” not only had “failed to yield predictable, equitable results,” but also, in some cases had “conflicted alarmingly with employers’ obligations under federal, state, and local antidiscrimination laws. [read post]
5 May 2023, 9:32 am
City of NY, 105 F Supp 3d 369, 379 [SDNY 2015] "[T]he First Amendment goes beyond protection of the press and the self-expression of individuals to prohibit government from limiting the stock of information from which members of the public may draw" quoting First Nat'l Bank of Bos v. [read post]
3 May 2023, 10:02 am
., 369 NLRB No. 5 (2020) (distinguishing earlier Board Cases and finding the offer of significantly more backpay than is owed in return for a waiver of reinstatement lawful); Cases involving the applicability of United Nurses & Allied Professionals (Kent Hospital), 367 NLRB No. 94 (2019) (requiring that unions provide non-member objectors with verification that the financial information disclosed to them has been independently audited and that lobbying costs are not chargeable to… [read post]
30 Apr 2023, 3:10 pm
Commenting on the case, Andrew Dickinson argued that the application of the test of plausibility was not consistent with the scheme of the Regulation, which requires that “the defendant, not the claimant, … be given the benefit of the doubt” (“Lax Standards” 135 (2019) LQR 369). [read post]
17 Apr 2023, 7:52 am
Secondly, the IRA could end up costing far more than the projected $369 billion. [read post]
7 Apr 2023, 4:38 am
App. 369, 754 S.E.2d 451 (2014) (citing State v. [read post]
6 Apr 2023, 12:57 pm
J. 369 (2023). [read post]
28 Mar 2023, 5:52 am
In Baylor University Medical Center, 369 NLRB No. 43 (2020) and IGT d/b/a International Game Technology, 370 NLRB No. 50 (2020), the Board ruled that these confidentiality and non-disparagement provisions are not per se unlawful in severance agreements. [read post]
27 Mar 2023, 9:01 pm
Although the number of securities lawsuits filed this year remained steady compared to 2021, we have seen many notable developments in securities law. [read post]
27 Mar 2023, 5:34 pm
Much of the funding comes from the Inflation Reduction Act (IRA), the most significant legislation yet to address climate change, with $369 billion pledged to climate programs over the next decade. [read post]
19 Mar 2023, 12:56 pm
Heavily litigated airspace Fearn & Ors v Board of Trustees of the Tate Gallery (2023) UKSC 4 A belated note on the Supreme Court decision on nuisance and overlooking. [read post]
17 Mar 2023, 8:47 am
Merits stage briefs: Federal Brief Colorado Brief Arizona Brief Navajo Nation Brief Arizona Reply Colorado Reply Federal Reply Joint Appendix Merits Stage Amicus Briefs (supporting Petitioners; there’s a second one but I refuse to give space on my blog to those rancid bigots): Western Water Users Amicus Merits Stage Amicus Briefs (supporting Respondents): Coalition of Large Tribes Amicus Brief DigDeep Right to Water Project Amicus Brief Diné Hataalii Association Amicus Brief… [read post]
15 Mar 2023, 2:49 pm
To that end, the Report noted that, during FY 2022, the EEOC updated its guide for employees on COVID-19 and workplace discrimination laws a total of seven times, in addition to holding 369 outreach events concerning the pandemic. [read post]
15 Mar 2023, 9:46 am
The Statute The current price gouging law, New York General Business Law 369-R, provides that, “[d]uring any abnormal disruption of the market,” no business “within the chain of distribution” may charge an “unconscionably excessive price” for “goods or services vital and necessary for the health, safety and welfare of consumers or the general public. [read post]
7 Mar 2023, 9:35 am
., 917 F.3d 369, 387 (5th Cir. 2019); Iontchev v. [read post]
4 Mar 2023, 4:00 am
Howard, 86 N.J. 369 (1981): In this case, the New Jersey Supreme Court held that the Workers' Compensation Act should be liberally construed in favor of employees, and that the burden of proof is on the employer to show that an injured worker is not an employee.Tofani v. [read post]
23 Feb 2023, 5:13 pm
See IGT, 370 NLRB No. 50, slip op. at 2; Baylor, 369 NLRB No. 43, slip op. at 1–2. [read post]
23 Feb 2023, 9:42 am
The Board majority (Chairman McFerran and Members Wilcox and Prouty), however, went further and expressly overruled Baylor University Medical Center, 369 NLRB No. 43 (2020) and IGT d/b/a International Game Technology, 370 NLRB No. 50 (2020) criticizing the decisions as focusing too sharply on the outside circumstances, such as whether the employer discriminated against the employee or exhibited animus, without analyzing the “specific language in the challenged provisions of the… [read post]
23 Feb 2023, 9:42 am
The Board majority (Chairman McFerran and Members Wilcox and Prouty), however, went further and expressly overruled Baylor University Medical Center, 369 NLRB No. 43 (2020) and IGT d/b/a International Game Technology, 370 NLRB No. 50 (2020) criticizing the decisions as focusing too sharply on the outside circumstances, such as whether the employer discriminated against the employee or exhibited animus, without analyzing the “specific language in the challenged provisions of the… [read post]
