Judgment Search Results Home > Cases Phrase: employers liability act 1938 Page 5 of about 63,085 results (0.176 seconds)

Breuer Vs. Jim's Concrete of Brevard, Inc.

Court : US Supreme Court

..... of 1993] prescribed in paragraph (1) may be maintained against any employer (including a public agency) in any federal or state ..... employment act of 1967 "shall be enforced in accordance with the powers, remedies, and procedures provided in" 216(b) and other sections of the flsa); 2005(c)(2) ("an action to recover the liability prescribed [under the employee polygraph protection act of 1988] in paragraph (1) may be maintained against the employer in any federal or state court of competent jurisdiction"); 2617(a)(2) ("an action to recover the damages or equitable relief [under the family and medical leave act ..... the united states or any officer or employee of the united states in his official capacity is a party"); 3612 ("no case arising under [the condominium and cooperative abuse relief act of 1980] and 697 brought in any state court of competent jurisdiction shall be removed to any court of the united states, except where any officer or employee of the united states in ..... act of 1938 (flsa or act), that suit under the act ..... interest, and attorney's fees under the fair labor standards act of 1938 (flsa), which provides, inter alia, that "[a]n action .....

Meyer Vs. Holley

Court : US Supreme Court

..... circuit identifies nothing in the language or legislative history of the act to support the existence of this special kind of liability-the kind of liability that, for example, the law might impose in certain special circumstances upon a principal or employer that hires an independent contractor. ..... for another thing, the department of housing and urban development (hud), the agency primarily charged with the act's implementation and administration, has specified that ordinary vicarious liability rules apply in this area, and the court ordinarily defers to an administering agency's reasonable statutory interpretation, ..... we conclude that the act imposes liability without fault upon the employer in accordance with traditional agency principles ..... for one thing, they say, california law itself creates what amounts, under ordinary common-law principles, to an employer/employee or principal/agent relationship between (a) a corporate officer designated as the broker under a real estate license issued to the corporation, and (b) a ..... and the holdings in cases from other circuits that the ninth circuit cited do not support the kind of nontraditional liability that it applied, nor does the language of those cases provide a convincing rationale for the ninth circuit's ..... -281 (1943) (congress intended that a corporate officer or employee "standing in responsible relation" could be held liable in that capacity for a corporation's violations of the federal food, drug, and cosmetic act of 1938, 52 stat. .....

New India Assurance Company Ltd. Vs. Urmila Wd/O Sudhakar Gangare and ...

Court : Mumbai

Reported in : 2004(4)MhLj637

..... the relevant section of motor vehicles act, 1938 (for short 'the act of 1938'), is reproduced as under:'95 (2) (a) where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all, including the liabilities, if any arising under the workmen's compensation act, 1923, in respect of the death of or bodily injury to employees (other than the driver), not exceeding six in number, being carried in the ..... am of the view, that as in the present case, there is no substantial dispute raised about the existence of the policy and as there is no substantial dispute about the quantum of amount of liability, as expressly mentioned in the written statement by the insurance company and as owner was party to the proceedings and moreover the claimants/respondents no. ..... thus, a careful reading of these decisions clearly shows that the liability of the insurer is limited, as indicated in section 95 of the act, but it is open to the insured to make payment of additional higher premium and get higher risk covered in respect of third ..... anything elsewhere contained in any law, a person issuing a policy of insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of that person of those classes of persons.'4. ..... the vehicle is a vehicle in which passengers are carried for hire or regard or by reason of or in pursuance of a contract of employment.--(i)..(ii)...(1)... .....

Gujarat Beedi Karkhana Owners' Association and Ors. Vs. Union of India ...

Court : Gujarat

Reported in : (1971)GLR690; (1972)ILLJ253Guj

..... connection relied upon the widest entry 27 'welfare of labour, conditions of labour, provident fund, employer's liability and workmen's compensation, health insurance, invalid pensions, old age pensions. ..... clerical, and includes - (i) any labour who is given raw materials by an employer or a contractor for being made into beedi or cigar or both at home (hereinafter referred to in this act as 'home-worker',) and (ii) any person not employed by an employer or a contractor but working with the permission of, or under agreement with, the employer or contractor; section 2(g) defines 'employer' to mean - (a) in relation to contract labour, the principal employer, and (b) in relation to other labour, the person who has the ultimate control ..... definitions of 'factory' and 'worker' had its source not in any desire to afford special privileges to any class of owners, and, therefore, the legislature authorised the state governments to issue notifications extending the act even to those establishments which were deemed to be factory and in which persons were working only with the permission or under the agreement with the owners but not as employees of the owners and were to be ..... of the term 'to comply' was broad enough to include 'to suffer or permit to work' in the fair labour standards act, 1938, it was held that where the work done in its essence followed the usual path of an employee, putting on an independent contractor's label would not take the worker from the protection of the act. .....

Labor Board Vs. Gullett GIn Co.

Court : US Supreme Court

..... unemployment compensation payments made by a state out of funds derived from taxation are collateral benefits, since they were not made to discharge any liability or obligation of the employer, but to carry out a policy of social betterment for the benefit of the entire state. pp. ..... that employees may be reimbursed for earnings lost by reason of the wrongful discharge, from which should be deducted net earnings of employees from other employment during the backpay period, republic steel case, supra, and also sums which they failed without excuse to earn, phelps dodge corp. v. ..... different result is not required by the fact that, under the state law, the unemployment compensation payments incidentally affect adversely the employer's experience rating record, and prevent him from qualifying for a lower tax rate. p. ..... however, the payments to the employees were not made to discharge any liability or obligation of respondent, but to carry out a policy of social betterment for the benefit of the ..... our holding is supported by the fact that, when congress amended the national labor relations act in 1947, the board had for many years been following the practice of disallowing deduction for collateral benefits such as ..... 253 , this court held that the benefits received by employees under a state unemployment compensation act were plainly not earnings which, under the board's order in that case, could be deducted from the back ..... 164 of 1938, 2; in re cassaretakis, ..... 11 (1938); 4 n.l.r.b. .....

Jerman Vs. Carlisle, Mcnellie, Rini, Kramer and Ulrich Lpa

Court : US Supreme Court

..... to reduce liquidated damages under the portal-to-portal act of 1947 if an employer demonstrates that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of the fair labor standards act of 1938 ); 17 u. s. c. ..... 111 , 125, 126 (1985) (damages provision under the age discrimination in employment act, which applies only in cases of willful violations, creates liability where an employer knew or showed reckless disregard for the matter of whether its conduct was prohibited by the adea (internal quotation ..... some circumstances intentional discrimination could occur without giving rise to punitive damages liability, such as where an employer is unaware of the relevant federal prohibition or acts with the distinct belief that its discrimination is lawful. ..... more importantly, the existence of a separate provision that, by its plain terms, is more obviously tailored to the concern at issue (excusing civil liability when the act s prohibitions are uncertain) weighs against stretching the language of the bona fide error defense to accommodate carlisle s expansive reading. ..... also suggests that reading 1692k(c) to include legal errors would encourage litigation over a number of issues: what subjective intent is necessary for liability; what procedures are necessary to avoid legal mistakes; what standard applies to procedures adopted by attorney debt collectors as compared to non-attorney debt .....

United India Insurance Co. Ltd. Vs. Kashimsab and Others

Court : Karnataka

Reported in : II(1993)ACC627; 1993ACJ946; [1994]80CompCas576(Kar); ILR1993KAR1991; 1992(2)KarLJ559; (1994)ILLJ500Kant

..... we, therefore, hold that the provision in section 14 does not enable the insurance company (appellant) to avoid its liability under a contract of insurance issued specifically for covering the employer's liability to a workman under the workmen's compensation act, to avoid such liability on the ground that the insured employer has not become insolvent, or made a composition of a scheme or arrangement with his creditors or being a company, the proceedings relating to its winding up has not commenced. ..... the view taken by the division bench construing the provisions of section 14 is to the effect that the insurer cannot avoid its liability under a contract of insurance issued specifically for covering the employer's liability to a workman under the workmen's compensation act. ..... however, having regard to the indemnity under taken by the insurance company while issuing a policy in respect of a motor vehicle of the insured including the employer under the act, we much see whether the insurer having entered the shoes of the employer or the owner of the vehicle could escape its liability merely because the word 'employer' is found in the third proviso to section 30(1) of the act. ..... secondly, the insurance act, 1938, and the workmen's compensation act, 1923, having been enacted earlier to the indian constitution, perhaps, parliament, while bringing amendment to section 30(1), inserting the third proviso did not foresee this kind of complicated questions having it own intricacies arising. .....

MclaughlIn Vs. Richland Shoe Co.

Court : US Supreme Court

..... in contrast, the statute's plain language does not support the jiffy june standard, which effectively limits the normal 2-year statute of limitations to employers who are unaware of the flsa and its potential applicability, and thereby virtually obliterates the distinction between willful and nonwillful violations which congress obviously intended ..... in addition, the jiffy june standard would" "impose a third year of liability even on those employers who firmly and reasonably (albeit wrongly) believe that their pay practices are lawful, a result that seems counter to the concerns expressed in the legislative process during the ..... " "an employer acts willfully and subjects himself to the three-year liability if he knows, or has reason to know, that his conduct is governed by ..... standard, a violation of the flsa is "willful" and therefore subjects an employer to a 3-year rather than a 2-year statute of limitations if the employer knew that there was an appreciable possibility that it was covered by the act and failed to take steps reasonably calculated to resolve the doubt. ..... the alternative, two-step standard espoused by the secretary, whereby an flsa violation would be deemed "willful" "if the employer, recognizing it might be covered by the flsa, acted without a reasonable basis for believing that it was complying with the statute. ..... ii because no limitations period was provided in the original 1938 enactment of the flsa, civil actions brought thereunder were governed by state statutes .....

U.P. State Electricity Board and anr. Vs. District Magistrate and ors.

Court : Allahabad

Reported in : 1998ACJ721; AIR1998All1; (1997)2UPLBEC1344

..... of the workmen's compensation act 1923 provides for compensation for injuries arising out of and in the course of employment, and this compensation is not for negligence on the part of the employer but is a sort of insurance to workmen against certain risks of accidents, vide air 1938 nagpur 91.74. ..... of strict liability,section 3(2) of the 1991 act places a strict liability (liability without fault) in cases of such accidents due to 'hazardous substances', and it is not necessary for the claimant to plead that the death or injury was caused by a wrong or negligent act of any ..... realising this difficulty of the general public, the public liability insurance act 1991 was enacted by parliament for giving compensation to the persons (or their legal representatives) who suffer in accidents caused ..... in my opinion this will also not affect the liability of the owner under the act, otherwise the act can be frustrated by the collector by simply not ..... rylands in fact created a new legal principle (the principle of strict liability in the case of hazardous activities), though professing to be based on analogies drawn ..... the accepted legal position in england was that fault, whether by an intentional act or negligence, was the basis of all liability (see salmond on 'tort', 6th edn p. ..... in england, the pearson committee recommended the introduction of strict liability in a number of circumstances (though none of these recommendations have so far been implemented, with the exception of that related .....

Delhi Jal Board Vs. Raj Kumar and ors.

Court : Delhi

Reported in : IV(2005)ACC746; 2006ACJ1025; AIR2006Delhi75; 125(2005)DLT120; (2006)142PLR33

..... section 3 of the workmen's compensation act 1923 provides for compensation for injuries arising out of and in the course of employment, and this compensation is not for negligence on the part of the employer but is a sort of insurance to workmen against certain risks of accidents, vide air 1938 nagpur 91.42. ..... fletcher in fact created a new legal principle (the principle of strict liability in the case of hazardous activities), though professing to be based on analogies drawn from existing ..... this decision the accepted legal position in england was that fault, whether by an intentional act or negligence, was the basis of all liability (see salmond on 'tort', 6th edn p. ..... in england, the pearson committee recommended the introduction of strict liability in a number of circumstances (though none of these recommendations have so far been implemented, with the exception of that related to defective products ..... , apart from the principle of strict liability, in our opinion, we have to develop new principles for fixing liability in cases like the present one.45. ..... in various social welfare statutes the principle of strict liability has been provided to give insurance to people against death and ..... ' the court also observed that this strict liability is not subject to any of the exceptions to the rule in rylands ..... thus in cases where the principle of strict liability applies, the defendant has to pay damages for injury caused to the plaintiff, even though the defendant may not have been at any .....