Obviously this interpretation of “any advantage” is in tension with a definition of “fringe benefits” as benefits given in addition to a regular monetary salary. If we were to read “fringe benefits” to mean all benefits given to an employee in addition to regular monetary pay, “wages” would necessarily be defined to exclude all nonmonetary compensation. This would make Congress’s use of the phrase “reasonable value of any advantage” meaningless. Moreover, this conflict in the specific context of § 2 is not diminished by looking to the broader context of the statute as a whole.11 Because it is an “elementary canon of construction that a statute should be interpreted so as not to render one part inoperative,” Colautti v. Franklin, 439 U.S. 379, 392, 99 S.Ct. 675, 58 L.Ed.2d 596 , we conclude that “any advantage” and “fringe benefit” cannot both be given their ordinary meanings.
The rate for this coverage is usually 50% of the 80% coinsurance contents rate—in contrast with 100% of the applicable contents rate for direct coverage—and is justified by the fact that the insurance applies only to losses for which the insured can be held legally liable. If, unfortunately, there is a loss due to fire, all parties should review the lease, their own insurance policies, and the relevant law of their jurisdiction. A full understanding of the implied coinsured doctrine early on might avoid costly legal battles . This part emphasizes the preliminary operation and role of rules of attributability in comparison to the other ‘secondary’ rules of international law. In addition, it discusses the threshold principle of the supremacy of international law in order to convey the autonomous dimension of attributability issues in international law vis-à-vis municipal law.
271 (C.C.D.S.C. 1890) and United States Fire Insurance Company v. Phil-Mar Corporation,139 N.E.2d 330 (Oh. 1956). Basically, because the landlord has waived the right to sue the tenant for fire damage prior to a loss, the right to sue then cannot be passed to the insurer. Moreover, many courts adhere to the idea that subrogation should not be available to the insurance carrier because the law considers the tenant as a co-insured of the landlord us financial group 60m key absent an express agreement between them to the contrary. This idea is derived from a recognition of a relational reality, namely, that both the landlord and the tenant have an insurable interest in the rented premises—the former owns the fee and the latter has a possessory interest. (This is termed the “Sutton approach” based on the case of Sutton v. Johndal,532 P.2d 478 ). We express no opinion on the final outcome of the case.
If the employer has established suitable alternate employment, the employee can nevertheless prevail in his quest to establish total disability if he demonstrates that he diligently tried and was unable to secure employment. The Board noted the existence of jurisprudence wherein a criminal conviction/record in existence at the time of the work injury can prevent certain jobs from being realistically available to a claimant. [For instance, a convicted felon can not reasonably obtain employment as a bank worker or security guard.] However, the Board distinguished the instant case from other criminal conviction cases in several respects. In the instant case, the DUI convictions were not a prior impediment to the claimant’s obtaining employment which was otherwise suitable for him.
Given the judge’s uncontested factual finding that Balles never disobeyed a direct order, his conduct did not constitute gross insubordination. Text messages, and electronic mail messages, all of which were stored on his company-issued computer. The investigation disclosed more than one hundred photographs and thousands of text messages between Balles and the female subordinate. Several of the messages described executives, as well as Balles’s “negative feelings about working for and about his superiors.” LeClair came to the conclusion that “Balles failed to perform his job from the moment” that he began his affair with the female subordinate. In the summer of 2008, Balles began an intimate extramarital relationship with the female subordinate, which continued through his termination in 2010.
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