Sentences with phrase «apply under some state laws»

Remember: short breaks generally 20 minutes or less under federal law, but even more strict requirements may apply under some state laws, must be paid.

Not exact matches

Last year, the New York - based 2nd U.S. Circuit Court of Appeals disagreed, finding that the DMCA applied to infringement claims brought under federal and state law, including oldies songs.

Mendez didn't buy that, writing, «The UIGEA language exempting fantasy sports has no corresponding authority under New York State law... The exception found in UIGEA does not apply under the current New York statutory language.»

Similar rules may apply under state tax laws.

Under the new tax law, a $ 10,000 limit will apply on 2018 returns as the maximum deduction for all state and local taxes combined.

For these reasons he and President Obama have determined that DOMA may not be constitutionally applied to same - sex couples whose marriages are legally recognised under state law in those states that recognise same - sex unions.

The court found that the plaintiff had a private right of action under Illinois state law and the identical federal law did not apply to preempt the state law claim.

School districts in some states, including all five surveyed, may have additional protection under «recreational use» statutes, which offer immunity from certain claims against landowners who open their property to the public for recreational use.10 In states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchens.

Laws govern trade practices for everyone doing business in the United States and apply to individuals, sole - proprietors, corporations, and co-ops, including those operating «under the table».

«It's disappointing that any candidate for Attorney General would believe that equal justice and equality under the law applies to some New York State citizens and not to all,» said Assembly Member Matt Titone (61st AD - Staten Island).

However, under state law, that goal only applies to contracts issued by state agencies and authorities; it does not apply to state funding given to localities such as cities, counties, towns, villages and school districts, which amounts to approximately $ 65 billion annually.

Under the new financial disclosure law, a concession was made to such lawyer - legislators: They will be allowed to confidentially apply with either JCOPE or the state Office of Court Administration for an exemption from disclosing a client if it might damage the client's interests.

In a motion to dismiss filed last week, Silver's lawyers argued that the precedent in Skilling v. United States, which severely restricted the federal «honest services» law under which Bruno was convicted, should also apply to Silver's case.

The Motion Picture Production Code was the set of industry moral guidelines that was applied to most United States motion pictures released by major Code of Justinian: Code of Justinian, collections of laws and legal interpretations developed under the sponsorship of the Byzantine emperor Justinian I in

Under a little - known state law, students in the Normandy and Riverview school districts were then eligible to apply for a transfer to an accredited district — a contentious practice that was upheld by the state supreme court in 2013.

State officials applied for a waiver under a different section of the law that they claimed gave Duncan authority to grant permission.

«Notably, the very acts of corporal punishment that are permissible when applied to children in schools under some state laws would be prohibited as criminal assault and battery when applied to adults in the community in those very same states,» King said.

Under the new law, states will have to identify only the absolute bottom 5 percent of schools, and since that rule applies only to a subset of public schools that accept federal funds, we'll be down to identifying just 2,750 schools.

This would have prohibited the DPI from submitting its ESSA plan to the feds without first responding to any objections filed by members of the Senate or Assembly education committees was amended in the Assembly to also apply to other state plans required under federal law to be submitted by state agencies.

within one hundred and eighty days after the alleged awful practice occurred, or in a case to which section 14 (b) applies, within three hundred days after the alleged unlawful practice occurred or within thirty days after receipt by the individual of notice of termination of proceedings under State law, whichever is earlier.

(a) Insert «1» after (a)» in subsection (a) and add at the end of subsection (a) the following new paragraphs: (2) No person acting under color of law shall --(A) in determining whether any individual is qualified under State law or laws to vote in any Federal election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote;

If you decide not to apply for Medicare at age 65 the 2014 Blue Shield plan brochure states, «Under the FEHB law, we must limit our payments for inpatient hospital care and physician care to those payments you would be entitled to if you had Medicare.

(e) This section is intended to confirm and clarify existing law that none of the provisions of this chapter, other than the provisions of subdivision (1) of Section 5 -19-1 and Section 5 -19-3, apply to any transaction that is not a consumer transaction, or, where provided in subsection (a) to any transaction involving an interest in real property, whether or not a consumer transaction, to any transaction of a trust institution described in subsection (a), or to any municipal pension system created under the laws of the State of Alabama described in subsection (a).

This law is applied to dogs — in fact, state law allows any person to shoot a dog in pursuit of a wild animal under certain circumstances.

If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in Section 5 (and with respect to 5 (c), insofar as any claims may arise from, or relate to, consumer protection or fraud and / or misrepresentation, or result in attorney's fees) does not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence.

The provision only applies to states that already permit industrial hemp growth and cultivation under state law.

Amendment applies only to states that already permit industrial hemp growth and cultivation under state law.

Originally introduced by Representatives Jared Polis (D - CO), Thomas Massie (R - KY) and Earl Blumenauer (D - OR), the amendment allows State Agriculture Departments, colleges and universities to grow hemp, defined as the non-drug oilseed and fiber varieties of Cannabis, for academic or agricultural research purposes, but it applies only to states where industrial hemp farming is already legal under stateState Agriculture Departments, colleges and universities to grow hemp, defined as the non-drug oilseed and fiber varieties of Cannabis, for academic or agricultural research purposes, but it applies only to states where industrial hemp farming is already legal under statestate law.

Originally introduced by Representatives Jared Polis (D - CO), Thomas Massie (R - KY) and Earl Blumenauer (D - OR), the amendment allows colleges and universities, and now also State Agriculture Departments per the conference committee revisions, to grow hemp for academic or agricultural research purposes, but applies only to states where industrial hemp farming is already legal under stateState Agriculture Departments per the conference committee revisions, to grow hemp for academic or agricultural research purposes, but applies only to states where industrial hemp farming is already legal under statestate law.

First, the member state could argue that its obligations under EU law take priority over its BIT obligations, in which case the priority of one obligation over the other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).

In 2011, the CJEU decided in Case C - 384 / 09 Prunus that Art. 63 TFEU also applied to the OCTs as if they were third countries; they are not third countries, since they áre part of the EU Member States (such as the Caribbean island of Curacao which is part of the Kingdom of the Netherlands, both constitutionally as under public international law; under EU - law, Curacao is an OCT).

If a third state investor brings a claim against a member state, it may well be that the tribunal will have to interpret (or even apply) EU law in similar ways as tribunals established under intra-EU BITs.

78 However, the absence of such an autonomous and uniform definition under European Union law of the concepts of social security, social assistance and social protection and the reference to national law in Article 11 (1)(d) of Directive 2003/109 concerning those concepts do not mean that the Member States may undermine the effectiveness of Directive 2003/109 when applying the principle of equal treatment provided for in that provision.

In theory this applies only to the organisation of EP elections, however, to the extent that Member States apply the same electoral code to EP elections and national elections, potentially at least a whole range of national measures restricting voting rights could be subject to judicial review under Union law and especially a requirement of proportionality.

In Danforth, a 7 - 2 majority held that states are free to make the benefits of Supreme Court decisions apply retroactively, even if the Supreme Court itself has ruled they are not retroactive under federal law.

In other words, the Court does not agree with the Belgian government, which argues that it is obvious that visa - applications submitted under the Visa Code should not be dealt with under EU law if the applicants» aim is to prolong their legal stay beyond 90 days on arrival in the Member State they applied to through an application for international protection.

Civil lawsuit trials can be conducted in a state other than the state where the breach of contract or tort giving rise to the lawsuit took place for jurisdictional purposes and not infrequently is brought in another state, although constitutional choice of law rules limit the circumstances under which a particular state's laws can be applied to a particular set of circumstances in a lawsuit.)

If it formulated its ruling in such a way as to highlight the exceptionality of the circumstances that would force Member States to apply Article 25 (1) of the Visa Code to issue LTVs despite the fact that there might be reasons to refuse a visa according to Article 32 of the Visa Code, the EU would honor its obligations under international and European refugee and human rights law, without endangering the functioning of the CEAS.

This applies directly in the case of federal criminal prosecutions in the federal courts, and applies in state courts because it is incorporated to apply in state court cases through the due process clause of the Fourteenth Amendment to the Constitution of the United States under 20th century case law applying the «Selective Incorporation doctrine.»

A court that must apply state substantive law under the Erie Doctrine often finds that it's facing a state law that is ambiguous, confusing, or possibly unconstitutional, either under the federal or the state Constitution.

By contrast, whether the Charter also applies to the national rules determining under what conditions police and judicial authorities can access the retained data is less obvious, because Directive 2002 / 58 / EC does not cover «activities of the State in areas of criminal law» (Art. 1 (3)-RRB-.

Moreover, to the extent that the Protocol applies to the latter, it will apply to all the situations coming under the «jurisdiction» of those States within the meaning of Art. 1 of the Convention, i. e. not just to those which are governed by EU law.

As a result, it might certainly make sense for the supreme courts of the EU Member States to be reminded in an appropriate way, when considering applying Protocol no. 16, of their duties under Art. 267 TFEU and of the supreme authority of the ECJ as regards the interpretation of EU law.

Under UIFSA, the law of the forum applies, except to the termination date of the order, which is determined under the law of original issuing sUnder UIFSA, the law of the forum applies, except to the termination date of the order, which is determined under the law of original issuing sunder the law of original issuing state.

To complicate things further, each state has different time limits, so it is imperative that you seek assistance from an attorney who is specifically familiar with the statute of limitations that applies to your case under California law.

67 Conflict of laws If: (a) the proper law of a contract for the supply of goods or services to a consumer would be the law of any part of Australia but for a term of the contract that provides otherwise; or (b) a contract for the supply of goods or services to a consumer contains a term that purports to substitute, or has the effect of substituting, the following provisions for all or any of the provisions of this Division: (i) the provisions of the law of a country other than Australia; (ii) the provisions of the law of a State or a Territory; the provisions of this Division apply in relation to the supply under the contract despite that term.

the settlement agreement is null and void, inoperative or incapable of being performed under the law to which the agreement is subjected; or failing any indication thereof, under the law deemed applicable by the competent authority of the Contracting State where the agreement is sought to be applied, or the obligations in the settlement agreement have been performed;

On the basis of reciprocity, the Republic of Guatemala will apply the above Convention to the recognition and enforcement of arbitral awards made only in the territory of another contract - ing State; and will apply it only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

«The Republic of Cyprus will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State; furthermore it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.»

«The United States of America will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the United States.»