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As we noted earlier this year, some jurisdictions (like Massachusetts) have refused to adopt the stringent “ABC” test in a joint employer analysis and instead adopted the FLSA standard, which focuses on the “totality of the circumstances. [read post]
24 Aug 2022, 5:01 am by Jim Dempsey
Again, roughly similar language appears in HIPAA and in the safeguards rules for financial data adopted under the GLBA by the Comptroller of the Currency and other major bank regulators and, separately, by the Federal Trade Commission (FTC). [read post]
16 Apr 2023, 5:33 pm by Petrelli Previtera, LLC
Best Practices for LGBTQ+ Parents Navigating Child Custody Matters LGBTQ+ parents can take several steps to protect their legal rights and ensure the best possible outcomes in child custody matters. [read post]
13 Aug 2013, 9:30 pm by Ralph S. Tyler
  The same point applies to rules adopted under the Tobacco Control Act. [read post]
  The term “family member” is defined in the Healthy Workplaces, Healthy Families Act of 2014 and includes:  a child (whether biological, adopted, foster, stepchild, legal ward, or a child to whom the employee stands in loco parentis), a parent (whether biological, adoptive, foster, stepparent, legal guardian of employee or his/her spouse/registered domestic partner, or person who stood in loco parentis when employee was a child), a spouse, a registered… [read post]
3 Jul 2018, 6:00 am by DONALD SCARINCI
It requires covered facilities to post California’s precise notice, no matter what the facilities say on site or in their advertisements. [read post]
22 Mar 2018, 5:23 am by Jack Goldsmith, Maddie McMahon
It is neither required nor forbidden under the rules in force today. [read post]
7 Jun 2007, 5:15 am
"  The 8th Circuit adopted a narrow reading of liability under Rule 10b-5. [read post]
4 Mar 2013, 11:10 pm by Gilles Cuniberti
Related posts:French Court Rules Gay Adoption Violates Public Policy When Rome meets Greece: could Rome I help the Greek debt restructuring? [read post]
18 Mar 2010, 10:41 pm by Orin Kerr
To see why this matters, let’s consider a few scenarios and think about whether the exclusionary rule should apply. [read post]
17 Sep 2023, 9:05 pm by renholding
Second, the courts have adopted bundles of doctrine that can be referred to as “scrutiny modifiers. [read post]
4 Nov 2021, 7:58 am by Cynthia Marcotte Stamer
As the request for comments indicates OSHA is considering extending the rule to businesses with fewer than 100 employees, businesses also should critically evaluate the impact of the rules on their operations and submit comments during the comment period. [read post]
23 Jan 2012, 11:32 am by Steve Hall
What should matter, he said, is the contemporary reasonable expectation of privacy. [read post]
21 Mar 2017, 7:00 am by Sara Josselyn
Holdings LLC established the business judgment rule as the standard of review in post-closing damages litigation. [read post]
It is the safe and prudent course of action to give the proper assurances when interviewing any union-represented employee as part of a workplace matter, whether it be a sexual harassment investigation or in preparation for an arbitration under a collective bargaining agreement. [read post]
11 Dec 2017, 11:31 am by vforberger
In this tax matter, the dispute concerns how expansive for tax purposes a statutory reference to “process” should be read. [read post]