Search for: "And All those Similarly Situated"
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22 Jan 2014, 1:11 pm
This new law removes any doubt that it is unlawful for an employer to treat a woman worse because of her pregnancy or childbirth, and makes it clear that employers cannot treat pregnant women less favorably than their similarly situated coworkers. [read post]
9 Aug 2022, 2:16 pm
Similarly, high-income clients may feel more comfortable paying a higher price for legal representation. [read post]
20 Apr 2018, 3:32 pm
In the final analysis, some or all of these provisions (with the potential exception of the last) may be amended out of the legislation, most likely at the behest of the airline industry. [read post]
12 Aug 2021, 7:23 am
When it comes to property division in a divorce, Michigan is an “equitable distribution” state, meaning that spouses must divide all marital property fairly in accordance with the specific details of their situation. [read post]
29 Jun 2010, 8:58 pm
Defense attorneys opposed class action treatment, arguing that class members were not “similarly situated” because of “highly individualized fact-specific determinations taking into account driver-specific factors such as type of car, routes, and total mileage” and because “reimbursements vary by geographic region. [read post]
16 Apr 2013, 1:42 pm
In Genesis Healthcare, the plaintiff was a registered nurse who brought suit on her behalf, and on behalf of all similarly situated individuals, alleging that her health care employer automatically deducted a thirty minute meal period even though the nurses were regularly required to work through their lunches or perform compensable work during those breaks. [read post]
25 Apr 2016, 10:21 am
“Ignoring that factual context, Holley reads Newman to hold that a ‘pecuniary or similarly valuable benefit’ is required in all tipping cases under Section 10(b),” and that view cannot be reconciled under either Newman or Dirks, asserted the brief. [read post]
23 Mar 2014, 11:25 am
In order to implement Congressional intent and maintain the independence of the accounting and auditing community, noted Chairman Conaway, Congress must exempt these private, non-profit organizations from the President’s Budget and clarify that these and other similarly situated entities are not subject to current or future sequestration. [read post]
11 May 2023, 7:18 am
Similarly, torts under civil law describe incidents that harm specific individuals or parties, while crimes under criminal law are typically considered publicly unjust. [read post]
9 May 2014, 4:00 am
Similarly, new graduates view professionalism as one of the most important skills for the new lawyer. [read post]
15 Dec 2010, 12:28 pm
The best way to reconcile these two conflicting imperatives is to go get some help: blog with the other members of your practice group, or if you’re in a solo or small-firm practice, with other lawyers similarly situated in practice size and focus. [read post]
6 Oct 2017, 1:19 pm
Treating transgender employees the same as their similarly situated, non-transgender co-workers remains the best way for all employers to avoid liability for gender identity discrimination. [read post]
6 Oct 2017, 1:19 pm
Treating transgender employees the same as their similarly situated, non-transgender co-workers remains the best way for all employers to avoid liability for gender identity discrimination. [read post]
14 Sep 2022, 3:55 pm
Yeshiva easily satisfies all these requirements. [read post]
23 Aug 2011, 10:02 am
” This benefit consists of “a bump in income such that, post-tax, the employees are in the same position as similarly situated employees electing healthcare benefits for their opposite-sex spouses. [read post]
21 Apr 2011, 12:11 pm
A carefully mounted defense, which highlights the individual differences in supposedly similarly situated employees, especially if, as here, those employees are widely scattered can defeat class certification and deter the plaintiff’s lawyers from trying the same thing with a different grouping of employees. [read post]
10 May 2012, 10:26 am
” The same would have been true even if you hadn’t intend to distress those people, but reasonably should have known that the material — say, pictures of Mohammed, or blasphemous jokes about Jesus Christ, or harsh cartoon insults of some political group — would have “cause[d] emotional distress to a similarly situated person of reasonable sensibilities. [read post]
27 May 2015, 2:37 pm
But that’s not all. [read post]
24 Feb 2019, 1:15 pm
However, since then the situation has changed greatly, as the Pentagon has opened up virtually all combat positions to women. [read post]
18 Apr 2013, 7:39 am
The Back Story: This case originated when respondent Laura Symczyk ("Symczyk") filed this case on behalf of herself and "all other persons similarly situated" as a collective action under the Fair Labor Standards Act ("FLSA") against her former employer, the petitioners, alleging the company's automatic meal break deduction policy violated the FLSA because it failed to pay employees for compensable work. [read post]
