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CRS84686ENRpage37
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CRS-25 A consistent and simultaneous decrease in rate of growth since the early 1960's has been reported in red spruce, shortleaf pine, and pitch pine. Both young and mature stands of red spruce have also shown a progressive dying back from the top, particularly at high elevation. ?The area of affected spruce forests estends from south- eastern Canada to the southern Appalacian mountains
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CRS86620Apage20
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CRS-17 CONCLUSION The applicability of the anti-retaliatory provision of Public Law 99-150 to a general wage reduction by a public employer was not clear from the legislative record. The Ranking Minority Member of the Committee stated on the House floor that the provision would g2£_apply where "public employers have chosen to reduce their employees’ wages across the board in response
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CRS86620Apage17
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- tions constitute discrimination or retaliation with respect to wages or other terms or conditions of employment? One form of discrimination would consist of disparate treatment of an identifiable group of employees in a protected category. For example, in Donovan v. M.A.P. Insulation Co., 26 BNA Wage Hour Cases 1379 (D. Mass. 1984), a Department of Labor investiga- tion had led to a back pay award
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CRS86620Apage11
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not supersede applicable requirements of State law or a collective bargaining agreement. An employer who, after February 19, 1985, paid cash overtime at a time and one-half rate pursuant to the FLSA may not recoup these over- time payments from his employees by whatever means without violating section 8. State and local government employers are in no way obligated to comply with the Act's overtime
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CRS86620Apage16
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CRS-13 The central aim of the Act was to achieve, in those industries within its scope, certain minimum labor standards. See § 2 of the Act, 52 Stat. 1060, 29 U.S.C. § 202. The provisions of the statute affect weekly wage dealings be- tween vast numbers of business establishments and employees. For weighty practical and other reasons, Congress did not seek to secure com- pliance with prescribed
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CRS-12 (c) testifying or being about to testify in any such proceeding; and (d) serving or being about to serve on an industry committee. 29 U.S.C. § 215(a)(3). The P.L. 99-150 amendments to the FLSA have created a new category of pro- tected activity under section 15(a)(3); this newly protected activity consists of asserting coverage under the overtime provisions of section 7 of the Act
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CRS86620Apage21
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CRS-18 not, in and of itself, involve the application of section 8 of the pronosed legislation, and thus would not be held to violate section 15(a)(3) of the FLSA. As approved by the Solicitor of Labor, the wage reduction would have to meet at least four requirements: (1) compliance with the minimum wage requirements of section 6 of the FLSA; 3 (2) compliance with overtime provisions of section 7
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CRS86620Apage13
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. Mr. HAWKINS. If the gentleman will yield. The gentleman's understanding is correct, and I thank the gentleman for his clarification. 131 Cong. Rec. H 9916 (daily ed., Nov. 7, 1985). followed by a colloquy between Mr. Boulter and Mr. Hawkins: Mr. BOULTER. yielding. I thank the gentleman for Mr. Speaker, I would also like to engage in a brief colloquy with the chairman. Mr. BOULTER. I would like
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CRS86620Apage19
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CRS-16 in the light of Garcia, (2) the public agency reduced wages or altered other terms and conditions of employment of that group of employees because of those assertions, and (3) the reduction or other changes affected employees who were newly covered by the FLSA, but did not affect other employees of the public agency. In these circumstances, a reviewing court might find that a public
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CRS85549Apage17
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of the child may commence an action to obtain visitation rights (§ 1012). Virginia: Upon decreeing the dissolution of a marriage or divorce, a court may make such further orders as it deems expedient concerning visi- tation privileges for grandparents (Va. Code § 20-107.2). Washington: Any person may petition the court for visitation ri;.t5 at any time, includi~', but not limited to, custody proceedings
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CRS85549Apage13
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cns-11 . ' New Mexico: In rendering a judgmnt of dissolution of marriage or legal separation, or at any time after six months from the entry of such decree, the court may grant reasonable visitation privileges to a grandparent of a minor child (N.M. Stat. § 40-9-1). If one or both parents of a minor child are deceased and the child is in the custody of anyone other than an adoptive parent
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is ordinarily defined so as to not include grandparents, have constitutionally protected privacy rights and a right of family integrity under which the parents’ judgments will ordinarily not be questioned by a court or other government entity absent evidence that the children are abused, neglected, or otherwise ill—treated. . l.A few states (e.g., Minn._Stats. § 257.022, ld Pa. Cons. Stats. § lOl4) authorize
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of the noncustodial parent of the child; or (2) a parent of the child has been deceased for at least three months, and the grandézrents were the parents of the deceased parent of zht child (Ariz. Rev. Sta: 5 25—337.0lA). Comparable rights are extended tn
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comonly following the death of a grandchi1d's parent and/or the dissolution of the marriage of the grandchild's parents. This survey indicates that Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, iLouisiana, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Jersey, New Mexico, New York, North
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with said grandparent(s)(Idaho Code § 32-1008). Illinois: Whenever both natural or adoptive parents of a minor are deceased and the minor has not been subsequently adopted, visitation rights shall be granted to the grandparents of the minor who are parents of the .minor's legal parents (111. Rev. Stats. ch. llO.5, § ll-7.1). Indiana: A grandparent may seek visitation with a grandchild
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been declared invalid or has been dissolved by divorce or legal separation; (2) legal custody of the child has been given to a party other than the child's parent or the child has been placed outside of and does not reside in the home of the parent, excluding adoptive placements; and (3) the child's parent, who is the child of the grandparent, has died (Colo. Rev. Stat. § l9—l-116(1)).
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CRS85549Apage10
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making an order of nullity of marriage or divorce may. award reasonable rights of contact with a minor child to any third persons (Me. Rev. Stat. tit. 19, § 372). Similar language applies when a spouse has deserted (§ 581) or when the child's parents are living apart (§ 214). Marvland: At any time following the termination ofla marriage, the court may consider a petition for reasonable visitation
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CRS85549Apage01
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'f"“L 89549.43 Congressional Research Service The Library of Congress Washington, 0.62. 20540 Government Publications Unfi JUL22 i994 Washington University Libraries St. Louis. MO 63130 CIRCUMSTANCES UNDER WHICH GRANDPARENTS MAY PETITION THE COURT FOR VISITATION RIGHTS WITH THEIR GRANDCHILDREN by Rita Ann Reimer Legislative Attorney American Law Division November 10, 1983 Updated January
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CRS83628ENRpage03
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COMMON QUESTIONS ABOUT THE U.S. DAIRY PROGRAM 1. What is the Dairy Price Support Program? Authorized by the Agricultural Act of 1949, the program is one of four major Federal policies aimed at supporting dairy farmers’ income and assuring an adequate supply of milk to consumers. Under the program, the U.S. Depart- ment of Agriculture's Commodity Credit Corporation (CCC) agrees to purchase
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