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28 Dec 2015, 9:37 am
While the revised law still allows employers to provide a bona fide defense by showing that a wage gap is based on specific factors other than sex, an employee will now have the opportunity to overcome that defense by proving that an alternative business practice exists that would serve the same business purpose without producing the wage gap. [read post]
15 Sep 2011, 9:35 am
determine that the patient has made a substantial good-faith effort at weight reduction under a bona fide program not utilizing anorectics; 7. [read post]
27 Jun 2012, 8:08 am
Pensacola Motor Sales Inc. v. [read post]
24 Aug 2010, 5:13 am
By Brian A. [read post]
12 Jul 2020, 8:06 pm
In Chapter 11 of the “Canadian Health Law Practice Manual,” Genetics and the Law, Amy Zarzeczny, Tracey M. [read post]
8 Jul 2014, 9:23 am
In Canada, the Federal Court of Appeal in BMG Canada v Doe (2005) held that copyright owners had an equitable right to get subscriber information where they had a legitimate and bona fide claim, subject to balancing the claim against subscribers’ privacy considerations. [read post]
14 Sep 2022, 7:45 am
[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. [read post]
14 Mar 2011, 8:18 am
According to the DLSE, "[a]n overly strict interpretation of [this] factor which fails to recognize both the dynamic real world environments interns are placed and the objectives of the internship program could easily operate to render nearly all bona fide training and internship programs invalid under applicable wage and hour laws" (DLSE OL 2010.04.07). [read post]
31 Dec 2012, 7:47 pm
At its January 4, 2013 Conference, the Court will consider petitions seeking review of issues such as the authority of the U.S. [read post]
11 Oct 2009, 8:25 pm
Western Law hosted a forum on pension reform this past Thursday, featuring community leaders, legal academics, and practitioners. [read post]
27 May 2014, 3:04 am
The complaint (read here) contends that D&Y dissolved upon Yee’s death pursuant to Section 6.8 (a) of the 1997 Partnership Agreement which overrides the continuation provision in Section 6.8 (b); that Calvaruso never was a bona fide equity partner in any event, thereby mooting Donovan’s reliance on Section 6.8 (b); and that Yee’s estate was entitled to half the firm’s assets upon dissolution valued at least $207,000 based on a second… [read post]
21 Sep 2015, 8:58 am
SB 358 (enrolled and presented to the Governor September 15) would prohibit an employer from paying any employee at a wage rate less than that paid to employees of the opposite sex for doing substantially similar work—when viewed as a composite of skill, effort, and responsibility—and require the employer to affirmatively demonstrate that a wage differential is based entirely and reasonably upon one or more enumerated factors, such as a seniority system, a merit system, a system that… [read post]
28 Dec 2015, 6:03 am
While the revised law still allows employers to provide a bona fide defense by showing a wage gap is based on specific factors other than sex, an employee will now have the opportunity to overcome that defense by proving that an alternative business practice exists that would serve the same business purpose without producing the wage gap. [read post]
29 Dec 2010, 6:45 am
This position was consistent with National Policy 62-202, which clearly states that the main objective of take-over bid regulation is to protect the bona fide interests of the shareholders of the target. [read post]
2 Nov 2022, 2:17 pm
INTRODUCTION The Ford Government’s invocation of section 33 of the Canadian Charter of Rights and Freedoms in Bill 28 prohibiting education workers from striking and imposing a contract on them has once again raised cries of “this isn’t what the notwithstanding clause is for”. [read post]
7 Aug 2011, 2:57 pm
Thanks to everyone for posting such interesting questions. [read post]
28 May 2020, 5:29 am
Of course, a challenge may be solely focused upon the expert witness’s credibility, such as when an expert witness testifies on many occasions only for one side in similar disputes, or for one whose political commitments render him unable to acknowledge the bona fides of any studies conducted by the adversarial parties.[1] If, however, the Rule 702 challenge stated an objection to the witness’s methodology, then the objection would count against both the opinion’s… [read post]
20 Dec 2021, 6:01 am
They claim that these are bona fide memorization and spelling assignments. [read post]
9 Dec 2011, 12:14 pm
In Part 5 of this series, we discussed preparing for a License Appeal Hearing. [read post]
27 Dec 2011, 8:19 am
By Eric Goldman UMG Recordings, Inc. v. [read post]