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21 Mar 2023, 9:51 am by zola.support.team
For instance, an employer will not usually be obligated to violate a bona fide seniority system and force a senior employee to cover for another employee farther down the seniority order. [read post]
15 Apr 2021, 3:30 am by Eric B. Meyer
Sure, there are limited situations in which national origin may be a bona fide occupational qualification (BFOQ). [read post]
16 Jul 2012, 10:30 am by Jason Shinn
Michigan law is different and employers are expressly prohibited from asking such preemployment inquiries, unless the employer can establish a bona fide occupational qualification for the inquiry. [read post]
13 Sep 2017, 8:12 am by Lisa Stam
The Alberta Human Rights tribunal held that Stewart was terminated for breaching the company policy, and not because of his addiction, and in the alternative, that discrimination was permissible where there was a bona fide occupational requirement. [read post]
21 Dec 2007, 7:31 am
Section 45 of the Lanham Act defines a trademark as: "any word, name, symbol, or device, or any combination thereof- (1) used by a person or (2) which a person has a bona fide intention to use in commerce… to identify and distinguish his or her goods… . [read post]
5 Sep 2008, 11:55 am
After the International Court of Justice's (ICJ) 1955 judgment in Nottebohm, however, international lawyers began to express the limit purportedly imposed by general international law with a kind of doctrinal mantra: a state's national, to be a bona fide national entitled to recognition as such at the international level, must have a "genuine link" to that state.This article critiques the genuine link theory and proposes a functional account of nationality,… [read post]
7 Jan 2019, 8:43 pm by Pamela Avraham
The IRS describes it as “participating in making management decisions or arranging for others to provide services (such as repairs) in a significant and bona fide sense. [read post]
5 Feb 2019, 9:17 am by David J. Clark
  Generally, “exempt” workers under the FLSA are bona fide executive, administrative, professional and outside sales employees who are paid salaries and therefore are exempt from the FLSA’s minimum wage and overtime pay requirements. [read post]
20 Mar 2018, 11:30 am by Ethan Mora and Randy Shaheen
” To be clear, the FTC’s problem with these statements was not with the words per se, but rather that the words were used to promote programs that were, in fact, “not structured to operate as bona fide money-making opportunities. [read post]
9 Oct 2020, 9:56 am by Resnick Law Group, P.C.
People who work “in a bona fide executive, administrative, or professional capacity,” however, might be able to telecommute, and are also exempt from overtime laws. [read post]
20 May 2011, 2:42 am by gmlevine
Andrew Kris, registered the disputed domain name because it is comprised of the first letter of his first (given) and his last name, and that the Second Respondent has used the disputed domain name in connection with a bona fide offering of goods and services, namely business process outsourcing and shared services, before notice of the dispute, which, according to the evidence provided by the Respondents, must have been clear to the Complainant based on the fact that the… [read post]
29 Apr 2024, 7:26 am by Resnick Law Group, P.C.
Exceptions to the rule include the following: – Non-compete agreements signed by senior executives before the rule’s effective date; – Agreements that are part of a “bona fide sale of a business entity”; – Agreements that are subject to an ongoing cause of action on the effective date; and – Enforcement of an agreement when “a person has a good-faith basis to believe that [the rule] is inapplicable. [read post]
2 May 2011, 8:14 am by Daniel Schwartz
”  Thus, in a case of first impression in Connecticut, and the first case that this author is aware of discussing the Connecticut Sales Representative Commission Statute, a Superior Court judge has determined that the FAA preempts that statute when it conflicts with a bona fide arbitration agreement. [read post]
17 May 2016, 2:31 pm by Charles Sartain
An unrecorded or unacknowledged instrument is binding on the partiesy to the instrument, their heirs, and a subsequent purchaser who does not pay valuable consideration or who has notice of the instrument (in other words, not a bona fide purchaser for value). [read post]
24 Jul 2015, 7:49 am by Pulgini & Norton, LLP
However, in Massachusetts, where the sale goes through and results in title passing to a bona fide purchaser without knowledge, the homeowners’ right to redeem their home may be lost. [read post]
22 Oct 2010, 6:18 am by gmlevine
John Thalacker D/B/A Traffico, D2010-1332 (WIPO October 1, 2010)) “are often found not to be bona fide offerings of goods or services, but this is not always the case. [read post]
30 Mar 2010, 7:05 pm
Payment for nonproductive time is not required after a bona fide termination of employment. [read post]
9 Aug 2010, 5:51 am by Clarence T.
   Your lawyer should also try to determine if your actions fall under an exception to identity theft, such as obtaining information in the course of a bona fide consumer or commercial transaction, or pursuant to the discovery process of a civil court action, administrative proceeding, or arbitration proceeding. [read post]