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23 Oct 2022, 11:18 am by David J. Halberg, Esq.
Must present expert witness testimony from a similarly situated health care provider as the defendant. [read post]
20 Feb 2007, 1:40 pm
The Court also today alluded to its BMW decision, but it downplayed the fact that the Court blessed a determination that it was ok to punish BMW for its actions that affected other similarly situated victims in Alabama. [read post]
6 Dec 2023, 9:38 am by Patricia Salkin
Wasserman alleges that she has been treated differently from others similarly situated for arbitrary or irrational reasons. [read post]
16 Jan 2013, 5:30 am by Andrew Frisch
Named-Plaintiff’s Immigration Status Has No Bearing on Similarly Situated Analysis Torres v. [read post]
20 Jan 2021, 9:08 am by David Oxenford
  These antitrust consent decrees have long required that these two performing rights organizations (or PROs as they are often called) treat all music users and all songwriters who are similarly situated in the same way. [read post]
21 Oct 2014, 3:56 pm
None of this indicates that there are never situations where gender classifications might be permitted even though racial ones would be forbidden. [read post]
26 Oct 2022, 1:09 pm by Andrew Frisch
Uronis, who was similarly employed by the same transport and rental company (and arguably jointly employed by Cabot), was allegedly similarly situated to the named-Plaintiff in that case, based on the definition of the putative collective action contained within the complaint in the initial case. [read post]
17 Apr 2013, 4:55 am by Andrew Frisch
Describing the relevant facts the Court explained: In 2009, respondent, who was formerly employed by petitioners as a registered nurse at Pennypack Center in Philadelphia, Pennsylvania, filed a complaint on behalf of herself and “all other persons similarly situated. [read post]
10 Jun 2008, 10:21 pm
Consider whether the employee has personal difficulties, special situations, or any other mitigating factors. [read post]
20 Feb 2012, 5:07 am by Jon Hyman
Similarly, if an employee reduces his or her work schedule for intermittent FMLA leave, you may proportionately reduce any holiday pay (as long as you treat other non-FMLA leaves the same). 8. [read post]
13 Aug 2014, 7:21 am by The Erlich Law Office, PLLC
Second, women affected by pregnancy, childbirth or other related conditions must be treated the same as other persons similar in their ability or inability to work. [read post]
10 May 2010, 6:15 am by Steven Peck
· Written Policies and Procedures: businesses should have written employment policies and procedures that ensure that similarly situated employees are treated fairly in order to prevent employment related litigation. [read post]
17 Jan 2011, 6:07 am by Howard Wasserman
Perhaps the government (especially in criminal cases) or any other repeat player in litigation? [read post]
13 Jun 2009, 2:18 pm
Similarly, the fire code has other restrictions regarding safe electrical wiring and other building procedures. [read post]
26 Sep 2011, 1:18 pm by Jeffrey Vlasek
Defendant Alderwoods moved to decertify the action on the grounds that plaintiffs failed to meet their burden to demonstrate that they were similarly situated for each of the five pay policies in question. [read post]
30 Jun 2014, 3:27 pm by Stephen Bilkis
Thus, at that point in the process, the opportunity for different treatment between persons similarly situated presents itself. [read post]
14 Feb 2020, 12:08 pm by Mark Tabakman
  He claimed other workers were similarly situated and he, in support of the class certification motion, submitted an Affidavit regarding the hours and pay rates of other employees. [read post]