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25 Sep 2023, 9:02 pm by Eugene Volokh
The court acknowledged that the First Amendment doesn't bar social media platforms from acting on their own to restrict user speech, since the First Amendment applies only to the government and not to private parties (including large corporations). [read post]
9 Sep 2023, 6:52 am by Eugene Volokh
Dart (7th Cir. 2015) (finding the "urgency" of a sheriff's letter, including a follow-up, "imposed another layer of coercion due to its strong suggestion that the companies could not simply ignore" the sheri [read post]
14 Feb 2022, 10:32 am by Eric Goldman
A few observations from reading numerous FOSTA cases: sex trafficking victim cases are horrifying. courts cannot figure out how to interpret FOSTA. due to FOSTA’s ambiguities, judges are turning to judicial activism to favor victims regardless of the law. the doctrinal errors judges are making in FOSTA cases may migrate into standard Section 230 jurisprudence, which would cause significant problems for UGC that Congress thought FOSTA wouldn’t reach. [read post]
26 Jul 2021, 12:52 pm by Genevieve Lakier
Although the lawsuits have attracted much derision from legal scholars for getting the “First Amendment exactly wrong” by failing to recognize that it applies only to government actors, not private corporations, the core argument the Trump complaints make is not that Facebook, Twitter and YouTube are generally bound by the First Amendment but, rather, that the companies “censored” Trump and other class members’ speech because of what the complaints describe as… [read post]
26 Jul 2021, 12:52 pm by Genevieve Lakier
Although the lawsuits have attracted much derision from legal scholars for getting the “First Amendment exactly wrong” by failing to recognize that it applies only to government actors, not private corporations, the core argument the Trump complaints make is not that Facebook, Twitter and YouTube are generally bound by the First Amendment but, rather, that the companies “censored” Trump and other class members’ speech because of what the complaints describe as… [read post]
19 Jul 2021, 3:20 pm by Eugene Volokh
The letter it sent contained no threat to prosecute, nor intimation of intent to proscribe the distribution of the publications…. [read post]
9 Mar 2020, 4:11 pm by HSnader
Dairy Queen General Mills Applebee’s Dart Containers Georgia-Pacific Aramark Deer Park Spring Water co. [read post]
6 Dec 2019, 7:10 am by Shannon O'Hare
 On 1 February 2019, the Commissioner, the Honourable Kenneth Hayne AC QC, issued a final report, which contained 76 recommendations (the “Report”). [read post]
9 May 2018, 10:41 am by Jeffrey D. Polsky
Dart Container Corporation of California, the same court announced a more employee-friendly way of calculating overtime for employees who receive bonuses. [read post]
26 Mar 2018, 11:32 am by HRWatchdog
Dart Container Corporation of California dealt mainly with how an employer must calculate overtime compensation for an employee who earns both an hourly rate and a flat sum nondiscretionary bonus. [read post]
9 Mar 2018, 2:25 pm by Bryan Hawkins
Dart Container Corporation of California, the California Supreme Court determined how employers must calculate an employee’s overtime pay rate when the employee earns a bonus during a single pay period. [read post]
9 Mar 2018, 2:25 pm by Bryan Hawkins
Dart Container Corporation of California, the California Supreme Court determined how employers must calculate an employee’s overtime pay rate when the employee earns a bonus during a single pay period. [read post]
6 Mar 2018, 10:50 am by Gail Cecchettini Whaley
In the case, Dart Container Corporation of California, which manufactures food service products such as cups and plates, allegedly maintained a policy of paying a flat “attendance bonus” of $15 per day to employees who worked Saturday and Sunday shifts, regardless of the number of hours worked on the weekend shift. [read post]
13 May 2016, 1:00 pm by Steven G. Pearl
Dart Container Corporation of California (Cal.App. 1/14/16) (discussed here), the California Court of Appeal held: (1) California law does not provide a method of calculating overtime rates of pay where the employer pays its employees an hourly rate of pay, plus a flat sum daily attendance bonus; (2) the employer here properly followed the formula set forth in the Code of Federal Regulations for paying overtime.The Supreme Court granted review on May 11. [read post]