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28 May 2017, 8:30 am by Josh Blackman
In other words, Mandel’s requirement that an immigration action be “bona fide” may in some instances compel more searching judicial review (p. 50). [read post]
27 May 2017, 1:56 pm by Josh Blackman
” Because the President’s travel ban is not “bona fide,” the court privileged cable news hits from Rudolph Giuliani and Stephen Miller over official statements of the Departments of Homeland Security, Justice, and State, to conclude that the policy was in fact animated by animus. [read post]
26 May 2017, 7:30 am
The starting point was the Mandel test - which asks only if the action was "facially legitimate and bona fide. [read post]
26 May 2017, 6:43 am by CheshireParker
These provisions include (but are not limited to): Bona Fide Employment Exception – Under the Stark Law, physicians who are in a “bona fide employment relationship” are entitled make referrals to their employers and receive fair-market-value compensation for their services, provided that their compensation is in no way tied to client referrals. [read post]
26 May 2017, 6:43 am by CheshireParker
These provisions include (but are not limited to): Bona Fide Employment Exception – Under the Stark Law, physicians who are in a “bona fide employment relationship” are entitled make referrals to their employers and receive fair-market-value compensation for their services, provided that their compensation is in no way tied to client referrals. [read post]
25 May 2017, 1:30 pm by Corey Brettschneider
By Corey Brettschneider(cross-posted at Take Care)In the recent travel ban appeals, the acting solicitor general (ASG) relied largely on a case called Kleindanst v. [read post]
22 May 2017, 2:00 am
Bona fide meal breaks of over 30 minutes do not have to be paid.Classifying EmployeesIt is critical that your employees be classified correctly. [read post]
11 May 2017, 7:05 am by Paul Rosenzweig
  It could, here, quote all of the outside sources that it did (though perhaps with more care not to quote people who might publicly distance themselves from the firing) and use that to buttress the conclusion of actual misconduct with the "agreement" from outside the Department. [read post]
3 May 2017, 12:52 am by Michael H Cohen
·        FEE-SPLITTING 101 FOR MEDICAL DOCTORS, CHIROPRACTORS, ACUPUNCTURISTS … ·        CREATING LEGALLY SUCCESSFUL, MULTIDISCIPLINARY HEALTH CARE PRACTICES …   The MSO model tries to use to the personal services and management safe harbor. [read post]
21 Apr 2017, 2:32 pm by HRWatchdog
SB 562 (Lara; D-Bell Gardens) Government-Run Health Care — Creates a new single-payer government-run, multibillion-dollar health care system financed by an unspecified and undeveloped “revenue plan” which could penalize responsible employers and individuals and result in significant new taxes on all Californians and California businesses. [read post]
30 Mar 2017, 4:17 pm by Kevin LaCroix
David Fontaine John Reed Stark The recent news that Yahoo’s general counsel had resigned following a probe of high-profile data breaches at the company has generated a great deal of discussion and concern. [read post]
29 Mar 2017, 10:00 pm
Similarly, the Research Exemption, the use or reproduction of a protected variety is non-infringing if it is for breeding or bona fide research. [read post]
Mandel, the Court wrote: “We hold that when the Executive exercises [the power to exclude an alien] on the basis of a facially legitimate and bona fide reason, the courts will n[ot] look behind the exercise of that discretion . . . . [read post]
22 Mar 2017, 7:00 am by Alice Woolley
His decision ignores the existence of a bona fide legal dispute between the parties. [read post]
17 Mar 2017, 9:10 am by Rebecca Tushnet
Additionally, the advertiser may continue to run the advertisement only so long as it has good reason to believe that the endorser remains a bona fide user of the product. [read post]
16 Mar 2017, 4:43 am by Peter Margulies
Watson found the revised EO’s careful tailoring insufficient to withstand the plaintiffs’ Establishment Clause challenge. [read post]
27 Feb 2017, 9:01 pm by Joanna L. Grossman
Under Title VII, employers can legally distinguish between male and female employees when they can prove that sex is a bona fide occupational qualification (bfoq). [read post]