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8 Mar 2024, 9:06 am by Eric S. Solotoff
Too often, courts don’t nip this in the bud early on and force the objector to put their cards on the table immediately, and moreover, schedule a hearing on the enforceability of the prenuptial agreement, if there really is a bona fide issue, early in the case, before wasting time on needless discovery about issues otherwise covered in the prenup. [read post]
While Wonka’s attorneys will certainly try to argue that the exclusive hire of Oompa Loompas is a bona fide occupational qualification (BFOQ), justifying this as reasonably necessary to the normal operation of that particular business or enterprise may prove challenging, as an employer may not base hiring decisions on stereotypes and assumptions about a person’s protected class. [read post]
7 Mar 2024, 6:59 am by Richard Reibstein Esq.
Although the sorters claim that after a certain period of time they are reclassified as “full-time” employees, their pay is still allegedly reduced in violation of law by deductions made for meal breaks “that are not bona fide” under the FLSA and Maryland law. [read post]
5 Mar 2024, 11:47 am by Kurt R. Karst
AstraZeneca argued that CMS’s bona fide marketing test, which is based on claims data, moves “at glacial pace” and can be delayed by numerous months. [read post]
Defines “low-wage employees” as employees other than those who are employed in a bona fide executive, administrative, or professional capacity and earn at least $1,300 per week. [read post]
4 Mar 2024, 8:56 am by Kyle Persaud
Background Since Oklahoma became a state, there has been a law saying that only U.S. citizens, or non-citizens who are or may become “bona fide residents” of Oklahoma, may own land in Oklahoma. [read post]
4 Mar 2024, 4:00 am by Peter J. Sluka
  On the other hand, an ambiguity in the agreement or a bona fide dispute over how book value should be calculated stands a far better chance at succeeding. [read post]
3 Mar 2024, 2:31 am by Cari Rincker
However, a settlement resulting from a bona fide dispute or litigation should be treated as a transfer for full and adequate consideration and not a gift for gift tax purposes. [read post]
1 Mar 2024, 11:10 am by Katelynn Minott, CPA & CEO
Two of the most commonly leveraged tax breaks for expats are the Foreign Tax Credit (FTC), a provision that gives you dollar-for-dollar US tax credits for any foreign income taxes you pay, and Foreign Earned Income Exclusion (FEIE), a provision that allows you to exclude a certain amount of foreign-earned income from taxation (provided that you pass either the Physical Presence Test or Bona Fide Residence Test). [read post]
28 Feb 2024, 3:29 am
Monster claimed a likelihood of confusion with various BEAST-formative marks for beverages, as well as a lack of bona fide intent. [read post]
27 Feb 2024, 11:22 pm by Katelynn Minott, CPA & CEO
Foreign Earned Income Exclusion (FEIE): A provision that allows Americans who pass either the Physical Presence Test or Bona Fide Residence Test to exclude a certain amount of income from taxation. [read post]
27 Feb 2024, 8:44 am by Eric S. Solotoff
That said, once again, for purposes of this blog, courts shoudln’t be considering child support or parenting issues where there is no bona fide domestic violence and certainly shouldn’t be granting FROs based on same. [read post]
26 Feb 2024, 8:59 am by Eric S. Solotoff
One gets the sense that the court believed that the husband did not voluntarily lose his job, but was not convinced that his job search was fulsome, or in the usual parlance used, entirely bona fide. [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
Compare what’s said about source/TM use in Abitron; use in commerce as a separate requirement after Abitron: bona fide is going to give us some trouble but not necessarily a lot since it is explicitly contrasted with not reserving rights, so it could also help identify non-source identifying uses. [read post]
23 Feb 2024, 12:09 pm by Katelynn Minott, CPA & CEO
Residency status Your residency status, including whether you qualify as a bona fide resident or meet the substantial presence test, can impact your US taxes owed to the US. [read post]
21 Feb 2024, 10:22 am by Steven Schwartzapfel
So whether you’re a seasoned theatregoer or a bona fide first-timer, what you wear can be a big part of the magic of taking in a Broadway show. [read post]
21 Feb 2024, 1:26 am by Katelynn Minott, CPA & CEO
To qualify, you must pass either the Physical Presence Test or the Bona Fide Residence Test. [read post]
Because we have a statute called 31-51Q, and it says that an employer cannot discharge or discipline an employee on the basis of that employee’s exercise of certain constitutionally-protected rights, including the right to freedom of speech, unless that speech substantially or materially interferes with the employee’s performance of their bona fide job duties or the working relationship between the employee and the employer. [read post]