Sentences with phrase «federal law applies»

Comment: A few commenters argued that the process for obtaining an exception determination or an advisory opinion from the Secretary will result in a period of time in which there is confusion as to whether state or federal law applies.
Some commentators have suggested that this decision could endanger nationwide class action settlements in cases governed by state law (it's not a problem where federal law applies).
Federal law applies to persons working in businesses such as inter-provincial transportation, television or radio broadcasting, banks, public harbours, and the federal government, to name a few examples.
This wouldn't preclude some other federal law being used to prosecute you - but, if it happened outside the US, it's very possible that no other federal law applies.
However, the federal law applies only to debt collectors working for designated debt collection agencies and professional lawyers hired for debt collection purposes.
Before parents can obtain a 504 plan for their special needs child, they must first get a team to assess their child, decide with federal laws apply to their child's disability, and establish a plan based on those findings.
DeVos Says IDEA, Other Federal Laws Apply to Private Voucher Schools, but No Pledge on LGBT @The74 bit.ly / 2sdPM56
Some federal laws apply to both federal and private student loans.
In addition to federal law applying,...
These limitations are in addition to the ones that federal laws apply to all states.
State and federal laws apply to the trucking industry to protect people on the road, but some truckers and trucking companies do not follow them.
Earlier this year, a 1st US Circuit Court of Appeals panel of three judges was unanimous in their refusal to have federal law apply to design defect allegations.

Not exact matches

The Department of Education has seen the surge in waiver applications because its Office for Civil Rights has «exceeded its legal authority» by taking the position since 2013 that the federal law that prohibits sex discrimination applies to transgender students, Alliance Defending Freedom Senior Counsel Gregory Baylor said.
That may bring in federal regulations relating to the industry, in addition to whatever provincial laws about fair disclosure or other fine print may apply.
The Trump transition team argued, and a career Justice attorney agreed, the laws apply to jobs in federal agencies, not White House posts.
It will now be up to states and school districts to interpret whether federal sex discrimination law applies to gender identity.
People in some parts of the country have had that ability for a while, either because of state laws or the fact that the new federal rule was phased in, applying to different places at different times.
WASHINGTON — The Supreme Court ruled Tuesday that whistleblower protections in a federal law passed in response to the Enron financial scandal apply broadly to employees of publicly traded companies and contractors hired by the companies.
The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
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.
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.
In addition to federal law that bars sexual harassment, state and local laws may apply — and may result in much bigger awards for successful plaintiffs.
Several people have asked me why the federal conflicts of interest law, which bars every lowly executive branch official from acting on matters that affect their personal financial interests, won't apply to President Donald Trump.
But the Supreme Court has directed the lower federal courts to apply qualified immunity broadly, to protect from civil liability for damages all officers except «the plainly incompetent or those who knowingly violate the law.»»
[6] In the 21 (a) Report, the Commission applied longstanding securities law principles to demonstrate that a particular token constituted an investment contract and therefore was a security under our federal securities laws.
US federal securities law applies regardless of whether the «issuing entity» is a regular company or a decentralized autonomous organization.
Federal courts have applied that law more strictly than state courts, particularly ones in California.
U.S. federal and state securities laws have catch - all provisions regarding secondary liability for aiding and abetting a violation of securities laws, which could apply for facilitating trading through an unregistered exchange.
Unless a registration exemption applies, state and federal laws require investment professionals and their firms to be registered or licensed.
There is a large body of established tax principles and law for property that apply to cryptocurrency and how the gains, losses, income and transactions are treated for federal tax purposes.
At that hearing, Clayton declared, «To the extent that digital assets are securities — and I believe every ICO I've seen is a security — we have jurisdiction and our federal securities laws apply
The SEC finding in July that DAO tokens are a security, and subject to federal securities laws was welcomed by cryptocurrency industry observers as an indication the agency is developing laws to apply to cryptocurrencies.
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Regulators have indicated that securities laws generally apply to cryptocurrencies, although each asset has its own set of characteristics that may put it outside the purview of federal oversight.
It was only if those requirements were relaxed as a matter of federal law that it would become necessary to consider if those requirements could continue to apply ex proprio motu, or if they were inoperative or inapplicable by virtue of the doctrines of paramountcy and / or interjurisdictional immunity.
They still have to comply with federal and state laws, which means gays are out, but everyone else has to be considered for employment by the company (the only exceptions to the law are where your religion or other protected status are essential for the job... for example, a Muslim couldn't sue an Episcopalian church who wouldn't hire them in an administrative role because their faith clashes with that of the church — things like that don't apply to a fast food chain).
If «activism» is a bad thing, then the term should not apply simply when a court invalidates a state or federal law.
Much the same problem arises when Arkes argues that certain principles of the Bill of Rights essential to the idea of law could have been applied to the states even though the Bill of Rights was clearly intended only to bind the federal government.
They want to their «faith based» laws to apply, not Federal laws.
But I think you forget these are private companies, so separation of church and state does not really apply to their personal donations (as long as they don't conflict with state or federal laws).
But the board didn't properly apply the war crime complicity law, the federal court said.
More than half of evangelicals (54 %), practicing Christians (62 %), and those who attended church in the past week (63 %) strongly or somewhat agree that state and federal laws are applied impartially to people of every ethnicity.
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.
EQUAL OPPORTUNITY EMPLOYER The Windsor Court Hotel is an equal opportunity employer and does not discriminate against associates or job applicants on the basis of race, religion, color, sex, age, national origin, handicap, veteran status, or any other condition protected by applicable state or federal laws, except where a bona fide occupational qualification applies.
Along with this growth in staff has come the explosive growth in federal, state, and local laws applying to safety, insurance, risk management, training, and personnel management.
All federal, state and local laws and regulations apply.
If a state law is more restrictive than a federal law, but does not contradict the federal law, then the more restrictive state law applies (and the same goes for local laws.)
This commerce clause means that in some areas of purely intrastate commerce, the federal law does not apply at all.
Only the federal law would apply.
In Russian constitution, Article 15, part 4: «If international treaty sets up different provisions than the federal law, then the provisions of the international treaty apply».
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