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30 Jul 2015, 3:29 pm by Seyfarth Shaw LLP
Co-authored by Louisa Johnson and Alex Passantino As you have no doubt heard, the Department of Labor’s Wage & Hour Division (“WHD”) has proposed revisions to the regulations defining which of your white-collar employees qualify as exempt from the Fair Labor Standards Act’s overtime pay and minimum wage requirements. [read post]
29 Jul 2015, 7:36 am
Yet, rather than have the case remanded and let the WCJ clarify what, clearly to this author, was a Finding of Fact that the 100% credit caused financial hardship, the Court decided to simply ignore that factor. [read post]
28 Jul 2015, 1:34 pm by Anthony B. Cavender
The Court concluded its opinion by stating that, “Judicial review of administrative action is the norm in our legal system, and nothing in Title VII withdraws the courts’ authority to determine whether the EEOC has fulfilled its duty to attempt conciliation of claims”. [read post]
22 Jul 2015, 4:01 am by Louis Mirando
A recognized authority, when published as a hardcover monograph or treatise, retains its authority over time. [read post]
20 Jul 2015, 9:07 am by Marty Lederman
 Such notice from DOL to the TPA -- rather than any form signed or submitted by the objecting organization -- will then become a "plan instrument" that designates the TPA as an ERISA "plan administrator" for purposes of contraception coverage. [read post]
15 Jul 2015, 4:00 am by Malcolm Mercer
This could be seen as being concern about loss of authority and importance. [read post]
9 Jul 2015, 4:10 pm by Chad Ruback
Notice of Appeal – TRAP 25.1(d) lists what is required to be included in a notice of appeal. [read post]
9 Jul 2015, 4:10 pm by Chad Ruback
Notice of Appeal – TRAP 25.1(d) lists what is required to be included in a notice of appeal. [read post]
The Edmunds Act of 1882 supplemented earlier anti-polygamy laws, and beefed up enforcement. [read post]
6 Jul 2015, 3:31 pm
Canada's notice-and-notice system is not a “second best” alternative to notice-and-takedown, and therefore there is no justification for the TPP to force Canadians to supplement it with additional enforcement measures that could have negative effects of their own. [read post]
6 Jul 2015, 12:00 pm by Wells Bennett
Relatedly, on Thursday Al Warafi's lawyers replied to a notice of supplemental authority filed by the United States. [read post]
3 Jul 2015, 11:15 am by David Duncan
Williams, 529 F.3d 1, 4 n.3 (1st Cir. 2008)(authority interpreting one “generally persuasive” in interpreting the other); U.S. v. [read post]
1 Jul 2015, 2:32 pm by Steve Sady
In an opinion authored by Justice Scalia, the Court held that imposition of an increased sentence under the ACCA’s residual clause violates the Due Process Clause because the residual clause is unconstitutionally vague:“We are convinced that the indeterminacy of the wide-ranging inquiry required by the residual clause both denies fair notice to defendants and invites arbitrary enforcement by judges. [read post]
27 Jun 2015, 2:50 pm by MOTP
It would seem that the dominant jurisdiction doctrine cannot furnish an answer - and would not provide a basis for abatement - because the two fora do not have co-extensive authority under an arbitration agreement that makes some claims arbitrable but not others, - at least not in a scenario where both types of claims are present in the same dispute and are contemporaneously pursued, in the respective fora, but involve a common core of case-determinative facts. [read post]
25 Jun 2015, 3:35 am by Joy Waltemath
The court then declined to exercise supplemental jurisdiction over his D.C. law claims and dismissed them as well. [read post]
What to do now Review current information notices to ensure that they are accurate, comprehensive, and up to date. [read post]
4 Jun 2015, 8:14 am
(See Official Bureau Interpretation, Supplement 1 to Part 1024, ¶ 41(i)-1 (effective Jan. 10, 2014)). [read post]