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2 Aug 2022, 1:55 pm
In doing so, the Appellate Division reversed the trial court below which granted the IBOE’s motion for summary judgment on the basis that the plaintiff had “failed to establish that [the Board’s] decision to non-renew her was based on anything other than a bona fide evaluation of her job performance and disciplinary issues. [read post]
2 Oct 2015, 6:46 am
A special needs trust may extend a bona fide loan to the beneficiary. [read post]
20 Sep 2018, 10:46 am
And finally, while prior salary cannot justify any disparity in compensation, an employer can consider current salary as a factor to justify a wage differential as long as it is based on: A seniority system; A merit system; A system that measures quality or quantity of production; or A bona fide factor other than sex, race or ethnicity (such as education, training, or experience). [read post]
5 Jun 2012, 3:01 pm
There are limited exceptions to this prohibition for job positions that, by law, require credit checks, as well as jobs where a credit history is a bona fide occupational requirement, including those that oversee the company’s financial controls, have access to assets of the business or customers, or use expense accounts for travel or entertainment. [read post]
19 Jul 2011, 4:30 am
That section bars employers from requiring any employeeto violate or forego a sincerely held practice of his or her religion ... unless, after engaging in a bona fide effort, the employer demonstrates that it is unable to reasonably accommodate the employee's ... sincerely held religious observance or practice without undue hardship on the conduct of the employer's business.ADF's memo argues:because New York law [Domestic Relations Law Sec. 15(3)] explicitly allows a… [read post]
21 Feb 2019, 2:13 pm
Federally, 27 CFR § 11.21 states that it is unlawful for an industry member to “sell, offer for sale, or contract to sell to any trade buyer, or for any such trade buyer to purchase, offer to purchase, or contract to purchase any products a) on consignment; or (b) under conditional sale; or (c) with the privilege of return; or (d) on any basis other than a bona fide sale; or (e) if any part of the sale involves, directly or indirectly, the acquisition by such person… [read post]
28 Sep 2011, 1:32 pm
The most common exempt classifications under FLSA are bona fide executives, professionals, outside sales persons, computer professionals and administrative assistants. [read post]
11 Dec 2018, 4:37 pm
USCIS may waive the requirement for an interview and adjudicate the I-751 application without conducting an in-person interview under the following circumstances: *these considerations apply regardless of whether Form I-751 is filed as a joint petition or as a waiver of the joint filing requirement Where the officer is satisfied that they can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the marriage was… [read post]
14 Jan 2014, 7:35 pm
Moreover, for every instance in which the child’s bona fide preference has a true bearing on the determination of the parenting plan, there are many instances in which a parent – maybe both parents – have a mistaken belief that the child (a) genuinely has a preference and (b) the child’s preference should be a determining factor in the parenting plan. [read post]
22 Jul 2017, 4:49 pm
However, some courts have recently ruled that family dogs should be treated as bona fide family members. [read post]
4 Feb 2015, 3:00 am
Individuals whose names appear on the deed, who reside on the property as of January 1, and who are bona fide Florida residents as of January 1 are eligible to file. [read post]
20 Feb 2012, 7:33 am
Given the administration's actions to date, I have doubts whether it will make a bona-fide effort to resolve the problem. [read post]
5 Nov 2007, 2:39 am
It's hard to defend a tax break that's based not on your ability to pay but on your bona fides as a long-term resident. [read post]
17 Dec 2018, 9:27 am
Moreover, with respect to third-party arrangements, the Rule obliges advisers to: (i) collect a signed and dated acknowledgment from every potential solicited client that such client has in fact received the adviser’s brochure and the solicitor’s disclosure document; and (ii) make a “bona fide effort” to ascertain whether the solicitor has complied with its duties under the Rule. [read post]
26 Apr 2010, 7:36 pm
As much as I'm in business to make money, I only take cases where the potential Client has a very good, bona-fide chance of winning the Appeal. [read post]
12 Apr 2012, 12:16 pm
Bona fide relief from duty and the relinquishing of control satisfies the employer’s obligations, and work by a relieved employee during a meal break does not thereby place the employer in violation of its obligations and create liability for premium pay under Wage Orders and Labor Code section 226.7. [read post]
11 May 2010, 5:58 pm
One of these is the BFOQ or bona fide occupational qualification. [read post]
19 Aug 2011, 4:25 pm
Short sale bans undermine the bona fide hedging strategies that are a critical risk management tool of investors and enable them to make investments on the long side of the market. [read post]
29 May 2009, 4:00 pm
Because AT&T’s pension payments accord with a bona fide seniority system’s terms, they are insulated from challenge under Title VII § 703(h). [read post]
23 Mar 2008, 11:44 pm
I concluded that the ADA would not protect an employee who spends all hours of the workday surfing the Web for non-work reasons: Rest assured, though, that even if the DSM recognizes Internet or email addiction as a bona fide mental disorder, employers should still be able reasonably to regulate use at work without running afoul of the ADA. [read post]
