Sentences with phrase «statutory minimum»

Over the next two years, several states plan to raise statutory minimum wage rates, adding to the upward pressure on wages.

Some bonds are required to meet certain statutory minimum requirements.

Instead, the employee may be left with only statutory minimums, which are usually far more predictable and less expensive than what the common law provides.

There is a disparity between what employees can claim through statutory minimums and common law notice.

Similarly, in Hart v EM Plastic & Electric Products Ltd, 2008 BCSC 228 («Hart «-RRB-, Bruce J reduced the notice period to the applicable statutory minimum of eight weeks.

Although statutory minimums for severance pay and termination pay do exist, the minimums usually represent only a small portion of an employee's total notice entitlement, the larger additional portion being common law notice.

«Employment can usually be terminated «without cause» if employers provide applicable statutory minimum entitlements, along with notice or pay in lieu, under the common law,» he says.

Pre-Oudin there was an accepted «rule book» about required language for employees to contract out of their entitlement to common law notice of termination of employment — and to restrict themselves to statutory minimums under the Employment Standards Act, 2000 — without offending the ESA.

Would there be statutory minimum pay as with statutory sick (SSP) or maternity pay (SMP) and could the employer reclaim any portion of this, as with SMP?

Few settings will be able to fulfil these requirements if they operate according to the new statutory minimum ratios, and few parents would be happy to entrust their children to such settings.

In addition to the above statutory minimums, the policy coverage contemplated by the sample premiums include underinsured and uninsured motorist coverage for the same limits, medical expense benefits of $ 2,000 per person, and comprehensive and collision protection with $ 100 and $ 200 deductibles, respectively.

Employees seek job security, but, in most Canadian, non-unionized workplaces, such security is the exception: Employment can usually be terminated «without cause» if employers provide applicable statutory minimum entitlements, along with notice or pay in lieu, under the common law.

Employers operating in Ontario who «draw the circle» around employee rights and entitlements on termination should carefully review and ensure that their contractual termination clause complies with all aspects of statutory minimum standards, and in particular: (a) notice or pay in lieu, (b) benefits continuation during the notice period, (c) severance pay, if applicable, and (d) continued vacation accrual during the termination notice period.

Prosecutors «may» dismiss cases of those who successfully complete the veterans court program and courts «may» reduce or modify any sentences related thereto but specifically not below statutory minimums.

The change has resulted in confusion with regard to how the virtual charter schools will be held accountable for ensuring students are meeting statutory minimum requirements for learning — and that's a troubling prospect to virtual charter schools expert Gary Miron, a Western Michigan University professor who says a very similar pilot program took place in his home state.

The most striking disparities are found in the use of charges that carry non-zero statutory minimum sentences.»

Because statutory minimums do not usually satisfy the definition of reasonable notice, the amount of notice could form the basis for a wrongful dismissal claim.

Because statutory minimums provide only the legal minimums, determining what constitutes «reasonable» notice is crucial for avoiding the possibility of litigation by employees who may be entitled to far more notice under common law.

Though some crack defendants received statutory minimum sentences (which the new guidelines do not change), it's likely the new guidelines could directly impact more than 4,000 federal sentencing cases every year.

We had our first statutory minimum wage under Blair and got rid of the eleven - plus under Wilson.

During my time working as a student caseworker in the Workers Rights division at Parkdale Community Legal Services, it was clear that there were two particular features of the MOL ESA enforcement mechanism which provided employers with incentives to ignore statutory minimum standards while also erecting barriers to workers who wished to take legal action to recover their unpaid wages.

Maine requires one of the highest statutory minimums of any state: $ 100,000 per accident or $ 50,000 per person.

In my practice it is not uncommon for employers to tell me that they have received a demand letter, or worse been sued, after paying the employee exactly what the Labour Board told them they had to pay, i.e. statutory minimums.

In addition to the above statutory minimums, the policy coverage contemplated by the sample premiums include underinsured and uninsured motorist coverage for the same limits, medical expense benefits of $ 2,000 per person, and comprehensive and collision protection with $ 100 and $ 200 deductibles, respectively.

Instead, the employee may be left with only statutory minimums, which are usually far more predictable and less expensive than what the common law provides,» writes Rose.

Had either custodian facing Cameron J. destroyed records pursuant to a short retention rule that complied with applicable statutory minima, Cameron J. might have had a better evidentiary basis for drawing conclusions about retention rules, limitation periods and reasonableness.

(Miller follows the advice of sympathetic economists and his own businessman's instincts to argue that raising the statutory minimum wage to an actual living wage would cost too many jobs.)

It affects only those buildings that happen to be older than the statutory minimum age and that possess certain attributes, not previously identified, that led the members of a commission to designate them landmarks.

In the CIOT's submission to the Government's consultation on the new offence the Institute said: «We welcome a statutory minimum threshold amount of tax evaded, see draft section 106F (2), although we do not think that # 5,000 is high enough.

In short, the governor's order will effectively convert the statutory minimum of 180 school days into a maximum.

Even if the statutory minimum ratio is 1:30, out of school clubs must also ensure that they are meeting the staff: child ratio demanded by their insurers.

The statutory minimum ratio is being increased from 1:8 to 1:30, however clubs will still need to meet all the other Ofsted welfare requirements.

The programs may last one to two years, but only one program, according to the CTC, is as short as the statutory minimum of one year.

Subject: Request by Folsom - Cordova Unified School District for a renewal to waive portions of California Education Code Section 51222 (a), related to the statutory minimum requirement of 400 minutes of physical education each ten school days for students in grades nine through twelve in order to implement a block schedule at Vista del Lago High School.

The fund's capital reserve ratio is at 0.41 %, still far below its statutory minimum of 2 %.

Specifically, if the debtor's current monthly income for the six - months prior to filing bankruptcy is more than the statutory minimum then it's assumed that the debtor has enough extra money to repay unsecured creditors, thus eliminating their right to file Chapter 7 bankruptcy.

You may cancel your order for any reason up to 10 days after you receive the goods (the statutory minimum is 7 days).

Who can blame freelance critics, whose average income (according to Germany's state social security provider for artists and writers, Künstlersozialkasse), is below the statutory minimum wage, for accepting works that they would never be able to afford from their earnings alone?

While filing via the MOL can be faster and much cheaper (free), it will only result in getting an employee the statutory minimum.

As in the Ontario Court of Appeal's decision in Nemeth, the Court found that the contractual wording established a floor in the form of the statutory minimum notice requirement.

She had a written agreement that attempted to provide an exhaustive list of termination entitlements, stating that the Corporation could terminate her employment without cause at any time by providing the statutory minimum notice or pay in lieu of notice and severance pay.

As a result, the statutory minimum entitlement is not the only situation that would be «in accordance» with the Act.

Interestingly, the chambers judge recognized that the employer may have intended to limit the employee's entitlements to the statutory minimum but he refused to give effect to that intention.

The Court agreed with the chambers judge that the termination clause did not clearly restrict the applicable notice period to the statutory minimum set out in the Act.

While the chambers judge found that Holm's notice entitlement was limited to s. 2 (2) above, the requirement that the notice period be «in accordance with the provincial legislation» did not set the statutory minimum notice period as a ceiling.

For example, if an employment contract provides for less than the statutory minimum entitlements that result from terminating employment, then the employer will become liable for payment in lieu of reasonable termination notice at common law — often far exceeding the statutory minimums.