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20 May 2009, 10:09 am
The Court also ruled that the benefit calculation rule is part of a bona fide seniority system under § 703(h) of Title VII - a system that has no discriminatory terms, which insulates it from challenge. [read post]
20 May 2009, 5:03 am
The Supreme Court held “there is no necessary violation; and the benefit calculation rule in this case is part of a bona fide seniority system under §703(h) of Title VII of the Civil Rights Act of 1964…which insulates it from challenge. [read post]
8 Oct 2010, 9:25 pm
On the first issue, the Court examined in detail the scheme and provisions of the BR Act and concluded that assignment of NPAs is within the purview of a bank’s permitted business activity: - The Reserve Bank of India (RBI) can lay down parameters enabling banking companies to expand its business; - Apart from accepting deposits and lending, the BR Act leaves ample scope for banks to venture into new businesses being subject to the control of RBI; - Section 6(1)(n) of the BR Act… [read post]
2 Mar 2010, 2:00 am
Is culture the main barrier to the emergence of a bona fide market for inventions? [read post]
5 Aug 2008, 8:10 pm
Disparate treatment analysis of employment decisions based on religion, including recruitment, hiring, promotion, discipline, and compensation, as well as differential treatment with respect to religious expression; customer preference; security requirements; and bona fide occupational qualifications. [read post]
23 Feb 2017, 1:28 pm
Some of the specific prohibitions include referring to awards that are not bona fide, are likely misleading, confusing or deceptive, are not the result of a “reasonable evaluative process” or are purchased (i.e., as opposed to received by legitimate evaluation of performance). [read post]
18 Aug 2022, 8:47 am
As noted in the LPTV consent decree, the “failure to provide sponsorship identification announcements for paid appearances by candidates on a show …. held out to the public as a bona fide news interview and public affairs program was particularly egregious because such failure had the potential to undermine the public’s confidence in the integrity of legitimate political discourse. [read post]
24 Aug 2022, 8:14 am
If the representative is running for reelection, and has qualified for a place on the ballot (for a primary or general election) or will run as a bona fide write-in candidate (see our post here about write-in candidates), then the ads can have FCC political broadcasting implications. [read post]
1 Jul 2009, 5:15 am
State: A unanimous Court held that the defendant feeling depressed and her moments of impairment because of her long history of drug use that had resulted in terminal end-stage liver disease did not raise a bona fide doubt about the defendant's competence to stand trial. [read post]
10 Jul 2024, 3:03 pm
According to the government, Rite Aid and its subsidiaries “improperly reported to CMS portions of rebates received from manufacturers as bona fide service fees, even though manufacturers did not negotiate with the defendants to pay such fees. [read post]
19 Dec 2024, 9:05 pm
In a new article, we provide three explanations for why : Spoofing is hard to detect: There are so many legitimately canceled orders that regulators have to process millions of data records daily to detect manipulation and to ascertain that an order was not bona fide. [read post]
1 Jul 2015, 9:41 am
” While the proposed rule does not make any changes to the duties test for exempt white collar employees, it does solicit comments on whether the standard duties test is working as intended to screen out employees who are not bona fide white collar exempt employees. [read post]
16 May 2010, 7:39 pm
As a side issue that is sure to annoy some segment of this blog's readership (which I try to do with every post), I think it is extremely unfortunate that a bona fide conservative like Bennett was apparently ousted by Tea Party tin foil hat wearers because he voted for TARP. [read post]
6 Dec 2021, 12:36 pm
However, a financial advisor or brokerage firm cannot argue that they currently lack the “bona fide ability to pay”. [read post]
28 Jan 2007, 12:56 pm
Don't discriminate in the hiring process on the basis of any protected class (see below); unless: mandated pursuant to a legally binding order or agreement, oryou are doing so based on a "bona fide occupational qualification. [read post]
26 Mar 2012, 3:50 pm
In these settings, an employer's efforts to restrict dissemination may backfire in the form of bad publicity, a claim of retaliation, or reinforce the employee's bona fides as a whistleblower in the eyes of the workforce, a court or the media following the dispute. [read post]
6 Jul 2009, 4:00 am
Because AT&T's benefit calculation rule accorded with the terms of a bona fide seniority system under Title VII, the company was insulated from a legal challenge (May 18, 2009).Ashcroft v Iqbal. [read post]
25 Nov 2008, 7:30 am
To qualify for exclusion under this exception, the bonus must be a bona fide gift. [read post]
8 Feb 2019, 7:12 am
The statute allows exceptions in situations “where age is a bona fide occupational qualification. [read post]
4 Jun 2012, 10:58 am
As a result of Fundy, to take advantage of more favourable tax laws in another jurisdiction, the trustees in that jurisdiction must exercise bona fide management and control of trust assets. [read post]
