Sentences with phrase «employee under the code»

Because McCormick was a partner, he could not be an employee under the Code.

By contrast, the Supreme Court rejected the notion that «a partner in a firm can never be an employee under the Code».

This is not to say that a partner in a firm can never be an employee under the Code, but in the absence of any genuine control of M in the significant decisions affecting the workplace, there was no employment relationship between him and the partnership under the provisions of the Code.

Not exact matches

In 2017, we provided a company match equal to the greater of 100 % of contributions up to $ 3,000, or 50 % of the maximum contribution under the Code ($ 18,000) for a maximum match of $ 9,000, per employee (other than Larry and Sergey).

Any Employee regularly employed on a full - time or part - time (20 hours or more per week on a regular schedule) basis, or on any other basis as determined by the Corporation (if required under applicable local law) for purposes of the Non-423 Plan or any separate offering under the Code Section 423 Plan, by the Corporation or by any Designated Affiliate on an Entry Date shall be eligible to participate in the Plan with respect to the Offering Period commencing on such Entry Date, provided that the Committee may establish administrative rules requiring that employment commence some minimum period (e.g., one pay period) prior to an Entry Date to be eligible to participate with respect to the Offering Period beginning on that Entry Date.

Morgan Stanley Wealth Management is not acting as a fiduciary under either the Employee Retirement Income Security Act of 1974, as amended or under section 4975 of the Internal Revenue Code of 1986 as amended in providing this material except as otherwise provided in writing by Morgan Stanley and / or as described at www.morganstanley.com/disclosures/dol.

The Company has a qualified defined contribution plan under Section 401 (k) of the Internal Revenue Code covering eligible employees.

It does not discuss all aspects of U.S. federal income taxation that may be relevant to particular holders in light of their particular circumstances or to holders subject to special rules under the Code (including, but not limited to, insurance companies, tax - exempt organizations, financial institutions, broker - dealers, partners in partnerships (or entities or arrangements treated as partnerships for U.S. federal income tax purposes) that hold HP Co. common stock, pass - through entities (or investors therein), traders in securities who elect to apply a mark - to - market method of accounting, stockholders who hold HP Co. common stock as part of a «hedge,» «straddle,» «conversion,» «synthetic security,» «integrated investment» or «constructive sale transaction,» individuals who receive HP Co. or Hewlett Packard Enterprise common stock upon the exercise of employee stock options or otherwise as compensation, holders who are liable for the alternative minimum tax or any holders who actually or constructively own 5 % or more of HP Co. common stock).

Specifically, benefits subject to the HP Severance Policy include: (a) separation payments based on a multiplier of salary plus target bonus, or cash amounts payable for the uncompleted portion of employment agreements; (b) any gross - up payments made in connection with severance, retirement or similar payments, including any gross - up payments with respect to excess parachute payments under Section 280G of the Code; (c) the value of any service period credited to a Section 16 officer in excess of the period of service actually provided by such Section 16 officer for purposes of any employee benefit plan; (d) the value of benefits and perquisites that are inconsistent with HP Co.'s practices applicable to one or more groups of HP Co. employees in addition to, or other than, the Section 16 officers («Company Practices»); and (e) the value of any accelerated vesting of any stock options, stock appreciation rights, restricted stock or long - term cash incentives that is inconsistent with Company Practices.

DOL notes that like the FAQs issued on Oct. 27 on the Prohibited Transaction Exemptions, the FAQ for advisors focuses particularly on specific technical questions raised by financial service providers, and it is limited to investment advice concerning plans covered under the Employee Retirement Income Security Act, IRAs and other plans covered by Section 4975 (e)(1) of the Internal Revenue Code.

Parent is involved in several lawsuits in which the plaintiffs are seeking unpaid overtime compensation and other damages based on allegations that various employees of Electronic Data Systems Corporation («EDS») or Parent have been misclassified as exempt employees under the Fair Labor Standards Act and / or in violation of the California Labor Code or other state laws.

Exploiting vulnerabilities found in ArcSight's source code could render it incapable of detecting that the military's network was under attack, said Allen Pomeroy, a former ArcSight employee who helped customers build their cyber defense systems.

But under the Employee Retirement Income Security Act, which sets minimum standards for defined benefit and defined contribution retirement plans, and the IRS code, which oversees IRAs, a fiduciary advisor would be prohibited from earning commissions on investments for those accounts because that would not be considered to be acting in the best interest of the client.

The nonqualified supplemental plan provides all affected employees with the 7 - percent Company credit to which they would otherwise be entitled as a matching contribution under the qualified plan but for limitations under the Internal Revenue Code.

It makes far greater sense to treat employees like adults, inform them immediately of tax code changes and transfer the onus onto them to lodge any challenges or queries regarding correct codes and under or over-payments with the Revenue (as they do under the present regulations).

Stefanie Loader is a full - time employee of Rio Tinto and has sufficient experience which is relevant to the style of mineralisation and type of deposit under consideration and to the activity which they are undertaking to qualify as a Competent Person as defined in the 2004 Edition of the «Australasian Code for Reporting of Exploration Results, Mineral Resources and Ore Reserves».

Mr. Vickery is a full - time employee of Kennecott Utah Copper and has experience which is relevant to the style of mineralisation and type of deposits under consideration and to the activity which he has undertaken to qualify as a Competent Persons as defined in the 2004 Edition of the «Australasian Code for Reporting of Exploration Results, Minerals Resources and Ore Reserves».

Each Florida College System institution may implement an optional retirement program, if such program is established therefor pursuant to s. 1001.64 (20), under which annuity or other contracts providing retirement and death benefits may be purchased by, and on behalf of, eligible employees who participate in the program, in accordance with s. 403 (b) of the Internal Revenue Code.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

If you deduct these expenses under some other provision of the tax code, such as for employee or business expenses, you can not also deduct the expenses for the Tuition and Fees Deduction.

The Trust, the Adviser and the Distributor have each adopted codes of ethics (each a «Code») under Rule 17j - 1 under the 1940 Act that governs the personal securities transactions of their board members, officers and employees who may have access to current trading information of the Trust.

The employer shall provide the employee or applicant, in a private discussion, the opportunity to dispute the relevance of the information upon which the employer based the adverse employment action, and shall consider any such dispute before making a final decision; (3) if the employee or applicant provides oral or written notice to the employer during the 14 day period set forth in subparagraph (2) that he or she has disputed the accuracy of the consumer report with a consumer reporting agency, the employer shall not take an adverse employment action until the resolution of the dispute under section 58 of this chapter or Section 1681i (a) of chapter 15 of the United States Code, and shall consider the results of any such resolution; (4) ensure that none of the costs associated with obtaining a consumer report are paid by or passed on to the employee or applicant.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

The Cooper Union requires Personnel to report to The Cooper Union good - faith concerns about behavior that appears to violate this Code, and under this Code a «Whistleblower» is the individual reporting such activity.The Cooper Union strictly prohibits any harassment, retaliation, or adverse employment consequences against any Whistleblower who, in good faith, reports a violation or suspected violation of this Code, and any person who retaliates against a Whistleblower is subject to appropriate disciplinary and corrective action, up to and including termination of employment in the case of an employee.

The Cooper Union requires Personnel to report to The Cooper Union good - faith concerns about behavior that appears to violate this Code, and under this Code a «Whistleblower» is the individual reporting such activity.The Cooper Union strictly prohibits any harassment, retaliation, or adverse employment consequences against any Whistleblower who, in good faith, reports a violation or suspected violation of this Code, and any person who retaliates against a Whistleblower is subject to appropriate disciplinary and corrective action, up to and including termination of employment in the case of an employee.

These provisions were mirrored in the Canada Labour Code for Federally regulated employees through a coordinating amendment under the Bill to s. 206.1.

Employers, however, should be aware that payment of severance does not prevent an employee from making a complaint under the Canada Code.

There are really two issues that must be considered when asking the provocative question about whether potentially precluding an employee on the basis of an addiction to cigarettes would be a violation of that individual's rights under the Ontario Human Rights Code: (1) is the practice illegal; and (2) if not always, then when?

USW Local 1 - 424 successfully applied to the Labour Relations Board for damages under s. 54 of the Labour Relations Code when the Wolverine Mine laid off approximately 300 employees indefinitely and with no notice.

Non-managerial employees working for a federally regulated employer, such as a bank, or airline, can pursue an unjust dismissal complaint under the Canada Labour Code, which permits an arbitrator to award, among other remedies, reinstatement.

Notwithstanding the fact that the employee likely did not have the «right» to take the time off to care for his children under the Ontario Employment Standards Act, 2000, the law is clear that: (a) the ESA establishes certain minimum standards only, and (b) the Human Rights Code does, very clearly, contemplate one's «family status» as a protected ground.

Our practice includes all aspects of qualified and nonqualified retirement plans; health, welfare and fringe benefit plans; employee benefits issues under the Internal Revenue Code and ERISA; executive compensation; employee benefits - related litigation; and investment adviser and fiduciary issues.

In Zambito v LIUNA Local 183, 2015 HRTO 605, the Human Rights Tribunal of Ontario considered whether an employer met its obligations under the Human Rights Code to investigate and respond to an employee complaint that he had been harassed at work.

If your employee believes they have experienced discrimination or harassment under the Human Rights Code, the Human Rights Tribunal of Ontario is responsible for investing and resolving the claim.

In terms of «fundamental rights», an employer is prohibited from adopting a dress code that unreasonably restricts an employee's freedom of expression, a right guaranteed under article 3 of Quebec's Charter of Human Rights and Freedoms.

While employees of broadcasters like the CBC generally fall under the jurisdiction of the Federal Canada Labour Code (and therefore Premier Wynne has limited power over the CBC), the situation has served as «lightning rod» for discussion — and probably one that is much needed.

Can a unionized employee who received settlement money as a result of a union grievance also make an application under the Human Rights Code, alleging discrimination as a result of the same situation?

In a judicial review, the Federal Court of Canada disagreed, setting out the following regime for dismissals under the Code: An employer can dismiss an employee without cause so long as it gives notice or severance pay.

Furthermore, in certain cases, such as alcohol or substance abuse, an employer may be expected to accommodate the employee since such substance abuse may be a disability that prohibits the employer from terminating the employee under the Human Rights Code or Canadian Human Rights Act.

This decision should allay any fears that employers» expanding obligations with respect to harassment, including under the OHSA and Human Rights Code, do not require managers to change their management style to ensure that their employees constantly feel happy and satisfied with their roles.

A labour adjudicator appointed under the Canada Labour Code concluded that the Code only permits dismissal for cause, ruling in favour of the employee.

Note that the employer's ability to require employees to work on a public holiday is subject to the employee's right to take a day off for purposes of religious observance under the Ontario Human Rights Code, and to the terms of the employee's employment contract.

However, it should be noted that even where an employee receives a severance amount in excess of what is required by the Code, they can still file a complaint under the Code if they feel the reasons for the dismissal or its terms were unfair.

My best guess is that the proper method of enforcement in federal buildings is simply administrative action, since violating the code can provide cause for firing federal employees under Chapter 75 of the Civil Service Reform Act of 1978.

The codes of conduct need to strike a careful balance between allowing freedom of expression (which is a fundamental right of all UK citizens enshrined under Article 10 of the European Convention on Human Rights), and protecting the rights of other individuals and employees not to be subject to harassment or inappropriate comment.

Confirmation that both employees and dependent contractors are entitled to union protection under the Labour Relations Code.

A reference to «dependent contractor» was added to the definition of «employees» under the Labour Relations Code.

The Legislature recently amended Section 8547.10 (c) to add this «satisfactorily addressed» language to the statute, indicating that UC whistleblowers have the same rights and protections under the Government Code as CSU employees.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

The Employment Standards Code s. 125 also prohibits employers from discriminating against employees who assert their rights under the Act, make a complaint under the Act, or give evidence in any hearing of proceeding under the Act.