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14 Dec 2024, 9:07 am by Mavrick Law Firm
To obtain a declaratory judgment, a party must show the following: There is a bona fide, actual, present, practical need for the declaration; The declaratory judgment deals with a present, ascertained, or ascertainable state of facts or present controversy as to a state of facts; Some immunity, power, privilege, or right of the complaining party is dependent on the facts or the law applicable to the facts; There is some person or persons who have, or reasonably may… [read post]
26 May 2022, 9:35 pm by Bryan M. Davis, Esq.
., an “organization” is “an organization which is exempt from federal income taxation pursuant to 26 U.S.C. s. 501(c)(3), (4), (7), (8), (10), or (19), and which has a current determination letter from the Internal Revenue Service, and its bona fide members or officers. [read post]
9 Feb 2023, 2:54 pm by Seyfarth Shaw LLP
”  The common exception to the continuous workday rule is the bona fide meal period, which generally is 30 minutes or more and can be considered unpaid time. [read post]
16 Apr 2012, 9:30 am
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 Order No. 5, subdivision 11(B) and Labor Code section 226.7, subdivision (b). [read post]
14 Apr 2010, 11:48 am
The green card will be conditional for two years so that USCIS knows the marriage is bona fide. 90 days before the expiration of the two-year period a petition to remove conditions must be filed. [read post]
The court noted Hilton’s “bona fide connections to Nevada for purposes of the choice of forum analysis,” specifically referencing Hilton’s “long-standing and significant presence in [Nevada’s] hospitality and tourism industries” and management or operation of properties within Nevada with significant claimed losses at issue. [read post]
28 Dec 2018, 9:27 am by Resnick Law Group, P.C.
The statute provides a lengthy list of exempt employees, such as “bona fide executive, administrative, or professional” employees, certain agricultural workers, employees of small newspapers, certain individuals informally employed as domestic caregivers, and border patrol agents. [read post]
25 Feb 2012, 7:14 am by James Hamilton
In particular, the bona fide hedging exemption is “unnecessarily narrow”, limiting the ability of market participants to hedge their risks, and infrastructure costs will be substantial. [read post]
21 Nov 2011, 7:11 am by EPSTEIN BECKER & GREEN, P.C.
 Excepted from this general rule are individuals employed in a bona fide executive, administrative, professional or outside sales capacity. [read post]
25 Jun 2024, 9:56 am by Dana L. Segal
This post does not address exceptions, such as those for religious associations, religious rights in the workplace, Bona Fide Occupational Qualifications (“BFOQ”), and Business Necessity. [read post]
8 Mar 2019, 4:34 pm by Erin Connell
Additionally, the form’s structure fails to account for bona fide factors that legitimately explain pay differentials (including, for example, performance, productivity, advanced skills or expertise, and other factors recognized under both state and federal law). [read post]
9 May 2019, 7:19 am by James O. Birr, III, Esq.
In Ludal, the court found the lease renewal provision enforceable because it allowed for negotiation and agreement between the parties as to renewal lease rate, and, if they could not reach agreement, the lessee was given the right of first refusal of any bona fide offer received by the landlord. [read post]
25 Nov 2019, 4:16 pm by Beth Boyer
These question whether certain occupations really require a bachelor’s degree in a specific field, whether there is a bona fide employer-employee relationship when employees are working at third-party worksites, and whether a Level I job can qualify as a “specialty occupation. [read post]
13 May 2022, 1:55 pm by Dennis Crouch
In 2018, Hyatt filed an Administrative Procedure Act (APA) suit seeking an order requiring “bona fide examination of his applications. [read post]
26 May 2022, 9:35 pm by Bryan M. Davis, Esq.
., an “organization” is “an organization which is exempt from federal income taxation pursuant to 26 U.S.C. s. 501(c)(3), (4), (7), (8), (10), or (19), and which has a current determination letter from the Internal Revenue Service, and its bona fide members or officers. [read post]
17 Jul 2014, 7:28 am by Patricia Salkin
MAUM argued that it did not have to exhaust its remedies because it asserted a bona fide equal protection claim, which requires a showing of “governmental action wholly impossible to relate to legitimate governmental objectives. [read post]
24 Mar 2011, 10:48 am
It gives an address for payment by cheque which is 2-4 Great Eastern Street, London EC2A 3NT [this blog probably has dozens of readers within a 500 metre radius] and payment by money transfer may be made to an account held with the Royal Bank of Scotland International Ltd (motto "Here for you"), which presumably satisfies itself as to the bona fides of its business account holders. [read post]
13 Oct 2011, 6:13 am by Kelly Phillips Erb
To be considered a bona fide business expense under 26 USC Sec 162(a), the expense must be “ordinary and necessary… in carrying on any trade or business. [read post]