alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 780.6 Basic support for interpretations.

The ultimate decisions on interpretations of the Act are made by the courts (*Mitchell* v. *Zachry,* 362 U.S. 310; *Kirschbaum* v. *Walling,* 316 U.S. 517). Court decisions supporting interpretations contained in this bulletin are cited where it is believed they may be helpful. On matters which have not been determined by the courts, it is necessary for the Secretary of Labor and the Administrator to reach conclusions as to the meaning and the application of provisions of the law in order to carry out their responsibilities of administration and enforcement (*Skidmore* v. *Swift,* 323 U.S. 134). In order that these positions may be made known to persons who may be affected by them, official interpretations are issued by the Administrator on the advice of the Solicitor of Labor, as authorized by the Secretary (Reorg. Pl. 6 of 1950, 64 Stat. 1263; Gen. Ord. 45A, May 24, 1950; 15 FR 3290; Secretary's Order 13-71, May 4, 1971, FR; Secretary's Order 15-71, May 4, 1971, FR). Interpretative rules under the Act as amended in 1966 are also authorized by section 602 of the Fair Labor Standards Amendments of 1966 (80 Stat. 830), which provides: “On and after the date of the enactment of this Act the Secretary is authorized to promulgate necessary rules, regulations, or orders with regard to the amendments made by this Act.” As included in the regulations in this part, these interpretations are believed to express the intent of the law as reflected in its provisions and as construed by the courts and evidenced by its legislative history. References to pertinent legislative history are made in this bulletin where it appears that they will contribute to a better understanding of the interpretations.
§ 779.415 Computing employee's compensation for the representative period. ( a ) In determining for purposes of section 7(i) whether more than half of an employee's compensation “represents commissions on goods or services” it is necessary first to total all compensation paid to or on behalf of the employee as remuneration for his employment during the period. All such compensation in whatever form or by whatever method paid should be included, whether calculated on a time, piece, incentive or other basis, and amounts representing any board, lodging or other facilities furnished should be included in addition to cash payments, to the extent required by section 3(m) of the Act and part 531 of this chapter. Payments excludable from the employee's “regular rate” under section 7(e) may be excluded from this computation if, but only if, they are payments of a kind not made as compensation for his employment during the period. (See part 778 of this chapter.)
( b ) In computing the employee's total compensation for the representative period it will in many instances become clear whether more than half of it represents commissions. Where this is not clear, it will be necessary to identify and total all portions of the compensation which represent commissions on the goods or services that the retail or service establishment sells. In determining what compensation “represents commissions on goods or services” it is clear that any portion of the compensation paid, as a weekly, biweekly, semimonthly, monthly, or other periodic salary, or as an hourly or daily rate of pay, does not “represent commissions” paid to the employee. On the other hand, it is equally clear that an employee paid entirely by commissions on the goods or services which the retail or service establishment sells will, in any representative period which may be chosen, satisfy the requirement that more than half of his compensation represents commissions. The same will be true of an employee receiving both salary and commission payments whose commissions always exceed the salary. If, on the other hand, the commissions paid to an employee receiving a salary are always a minor part of his total compensation it is clear that he will not qualify for the exemption provided by section 7(i).
§ 1910.161 Fixed extinguishing systems, dry chemical. ( a ) *Scope and application.* This section applies to all fixed extinguishing systems, using dry chemical as the extinguishing agent, installed to meet a particular OSHA standard. These systems shall also comply with § 1910.160.
( b ) *Specific requirements.* ( 1 ) The employer shall assure that dry chemical agents are compatible with any foams or wetting agents with which they are used.
( 2 ) The employer may not mix together dry chemical extinguishing agents of different compositions. The employer shall assure that dry chemical systems are refilled with the chemical stated on the approval nameplate or an equivalent compatible material.
( 3 ) When dry chemical discharge may obscure vision, the employer shall provide a pre-discharge employee alarm which complies with § 1910.165 and which will give employees time to safely exit from the discharge area prior to system discharge.
( 4 ) The employer shall sample the dry chemical supply of all but stored pressure systems at least annually to assure that the dry chemical supply is free of moisture which may cause the supply to cake or form lumps.
( 5 ) The employer shall assure that the rate of application of dry chemicals is such that the designed concentration of the system will be reached within 30 seconds of initial discharge.
[45 FR 60712, Sept. 12, 1980]
<PAGE>




                                                                    Exhibit 99.1

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Diomed Holdings, Inc. (the "Company") Quarterly Report on
Form 10-QSB for the quarter ended September 30, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Lisa
Bruneau, Principal Financial Officer of the Company, certify pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that I have reviewed the Report and to the best of my knowledge:

          (1)  The Report fully complies with the requirements of Section 13(a)
               or 15(d) of the Securities Exchange Act of 1934, as amended; and

          (2)  The information contained in the Report fairly presents, in all
               material respects, the financial condition and results of
               operations of the Company.

Date:    November 14, 2002               By:   /s/ Lisa M. Bruneau
                                               Lisa M. Bruneau
                                               Principal Financial Officer,
                                               Vice President, Finance,
                                               Secretary and Treasurer
<PAGE>

                                                                    EXHIBIT 99.1


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Patron Systems, Inc. for the period
ended March 31, 2003 as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Patrick J. Allin, Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. SS.1350, as adopted pursuant to SS.906
of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:


        1) The Report fully complies with the requirements of section 13(a) or
        15(d) of the Securities Exchange Act of 1934; and


        2) The information contained in the Report fairly presents, in all
        material respects, the financial condition and result of operations of
        the Company.




/s/ Patrick J. Allin
---------------------------
Patrick J. Allin
Chief Executive Officer


                                                                              25
#### § 785.18 Rest.

Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked. Compensable time of rest periods may not be offset against other working time such as compensable waiting time or on-call time. (*Mitchell* v. *Greinetz,* 235 F. 2d 621, 13 W.H. Cases 3 (C.A. 10, 1956); *Ballard* v. *Consolidated Steel Corp., Ltd.,* 61 F. Supp. 996 (S.D. Cal. 1945))
Exhibit 32.1

SECTION 1350 CERTIFICATIONS

In connection with
the Annual Report of Magellan Petroleum Corporation (the Company) on Form 10-K for the period ending June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, William H.
Hastings, President and Chief Executive Officer of the Company, does hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of
1934; and

(2) The information contained in the Report fairly presents, in all material respects, the
financial condition and result of operations of the Company.



By:

/S/    WILLIAM H.
HASTINGSWilliam H. HastingsPresident and Chief Executive Officer


October 2, 2009
#### The People of the State of New York, Respondent, v Charles E. Robinson, Sr., Appellant.

[698 NYS2d 212]

—Judgment unanimously affirmed *(see, People v Hidalgo,*91 NY2d 733). (Appeal from Judgment of Niagara County Court, Fricano, J. — Attempted Burglary, 2nd Degree.) Present — Den-man, P. J., Hayes, Hurlbutt, Scudder and Balio, JJ.
#### § 784.150 Named operations performed on previously processed aquatic products.

It will be noted that section 13(b)(4) refers to employees employed in “processing” the named aquatic commodities and not just to “first processing” as does the provision in section 13(a)(5) for such processing at sea. Accordingly, if the aquatic products, though subjected to a processing operation, are still in a perishable state, the subsequent performance of any of the enumerated operations on the still perishable products will be within the exemption no matter who the employer performing the exempt operations may be. He may be the same employer who performed the prior processing or other exempt operation, another processor, or a wholesaler, as the case may be. As noted in § 784.138(b), the Department has not questioned the applicability of the foregoing rule where the operation is performed on frozen, salted, smoked, or cured fish.
#### In the Matter of Firemen’s Fund Insurance Company of Newark, Appellant, v John Hopkins, Jr., Respondent.

Submitted October 16, 1995;

decided October 26, 1995

Motion to dismiss appeal denied.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting.

*Name:*                         Special Emphasis Panel in Bioengineering and Environmental Systems (1189).                    

*Date and Time:*                         June 20-21, 2000, 8 a.m.-5 p.m.                    

*Place:*                         National Science Foundation, 4201 Wilson Boulevard, Room 360, Arlington, VA 22230.                    

*Type of Meeting:*                         Closed.                    

*Contact Person:*                         Leon Esterowitz, Program Director, Biomedical Engineering and Research to Aid Persons with Disabilities, Division of Bioengineering and Environmental Systems, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230; Telephone: (703) 306-1318.                    

*Purpose of Meeting:*                         To provide advice and recommendations concerning proposals submitted to NSF for financial support.                    

*Agenda:*                         To review and evaluate proposals received under the Biophotonics Partnership Initiative announcement (NSF 00-54) as part of the selection process for awards.                    

*Reason for Closing:*                         The proposals being reviewed include information of a proprietary or confidential nature, including technical information; financial data, such as salaries; and person information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.                    

# Note: 

Closed portions are proper under the Sunshine Act exemptions cited. The CMO's signature on this Notice is the required determination.

Dated: May 23, 2000.

Karen J. York,

Committee Management Officer.

[FR Doc. 00-13421 Filed 5-26-00; 8:45am]

BILLING CODE 7555-01-M
#### § 783.10 “Establishment”.

As used in the Act (including the provision quoted below in § 783.11), the term “establishment”, which is not specifically defined therein, refers to a “distinct physical place of business” rather than to “an entire business or enterprise” which may include several separate places of business. This is consistent with the meaning of the term as it is normally used in business and in government, is judicially settled, and has been recognized in the Congress in the course of enactment of amendatory legislation (*Phillips* v. *Walling* 334 U.S. 490; *Mitchell* v. *Bekins Van & Storage Co.,* 352 U.S. 1027; 95 Cong. Rec. 12505, 12579, 14877; H. Rept. No. 1453, 81st Cong., 1st sess. p. 35). This is the meaning of the term as used in sections 3(r), 3(s), and 6(b) of the Act. An establishment may have employees employed away from the establishment as well as within it (H. Rept. No. 1453, supra).
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

July 26, 2010 

s0719 

Order 

 

July 26, 2010 

140920 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 140920 

 COA: 290279 

Wayne CC: 08-006502-FC 

CHRISTOPHER LEROME JOHNSON, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the February 25, 2010 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM LESCARDEN
INC'S MAY 31, 1998 FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAY-31-1998
<PERIOD-END>                               MAY-31-1998
<CASH>                                          32,308
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                     35,066
<CURRENT-ASSETS>                                67,374
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  70,454
<CURRENT-LIABILITIES>                          374,893
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,840
<COMMON>                                        16,611
<OTHER-SE>                                   (322,890)
<TOTAL-LIABILITY-AND-EQUITY>                    70,454
<SALES>                                          1,944
<TOTAL-REVENUES>                                 1,944
<CGS>                                                0
<TOTAL-COSTS>                                  486,804
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (484,860)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (484,860)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (484,860)
<EPS-PRIMARY>                                    (.03)
<EPS-DILUTED>                                    (.03)
        

</TABLE>
<PAGE>

                                  EXHIBIT 21

                          SUBSIDIARIES OF REGISTRANT

<TABLE>
<CAPTION>
     Name                                     Jurisdiction of Incorporation
     ----                                     -----------------------------
     <S>                                      <C>
     Cybex Financial Corporation.............        New York
     Eagle Performance Systems, Inc..........        Minnesota
     Cybex Fitness Gerate Vertriebs, GmbH....        Germany
     Cybex International UK Ltd..............        United Kingdom
     General Medical Equipment, Ltd..........        Barbados
     Lumex Bed Systems, Inc..................        Pennsylvania
     Tectrix Fitness Equipment, Inc..........        California
     Tectrix Fitness Equipment Limited.......        United Kingdom
     Tectrix Fitness Equipment Vertriebs GmbH        Germany
     CIC Leasing Company, LLC................        Massachusetts
     CIC Leasing Company (O), LLC............        Massachusetts
</TABLE>
§ 511.3 Composition and appointment of committees. An industry committee will be composed of residents of American Samoa and residents of the United States outside of American Samoa. The Secretary will appoint as members of each committee an equal number of persons representing: ( a ) The public,
( b ) Employees in the industry, and
( c ) Employers in the industry.
The public members shall be disinterested, and the Secretary will designate one as chairperson. For purposes of this section only, the definition of the industry shall be considered to include all such industry throughout the United States, its territories and possessions. [55 FR 53298, Dec. 28, 1990]
III 

Calendar No. 215 

110TH CONGRESS 

1ST SESSION S. RES. 230 

Designating the month of July 2007 as ‘‘National Teen Safe Driver Month’’. 

IN THE SENATE OF THE UNITED STATES 

JUNE 11, 2007 

Mr. ISAKSON submitted the following resolution; which was referred to the 

Committee on the Judiciary 

JUNE 21, 2007 

Reported by Mr. LEAHY, without amendment 

RESOLUTION 

Designating the month of July 2007 as ‘‘National Teen 

Safe Driver Month’’. 

Whereas automobile accidents involving teenage drivers result 

in the highest cause of death and injury for adolescents 

between the ages of 15 and 20 years; 

Whereas, each year, 7,460 teenage drivers between the ages 

of 15 and 20 years are involved in fatal crashes, and 

1,700,000 teenage drivers are involved in accidents that 

are reported to law enforcement officers; 

Whereas driver education and training resources have diminished in communities throughout the United States, leavVerDate Aug 31 2005 04:35 Jun 22, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR230.RS SR230

bajohnson on PROD1PC77 with BILLS
2 

SRES 230 RS 

ing families underserved and lacking in opportunities for 

educating the teenage drivers of those families; 

Whereas, in addition to costs relating to the long-term care 

of teenage drivers severely injured in automobile accidents, automobile accidents involving teenage drivers cost 

the United States more than $40,000,000,000 in lost 

productivity and other forms of economic loss; 

Whereas technology advances have increased the opportunity 

of the United States to provide more effective training 

and research to novice teenage drivers; and 

Whereas the families of victims of accidents involving teenage 

drivers are working together to save the lives of other 

teenage drivers through volunteer efforts in local communities: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates the month of July 2007 as ‘‘Na3 tional Teen Safe Driver Month’’; and 

4 (2) calls upon the members of Federal, State, 

5 and local governments and interested organiza6 tions— 

7 (A) to commemorate National Teen Safe 

8 Driver Month with appropriate ceremonies, ac9 tivities, and programs; and 

10 (B) to encourage the development of re11 sources to provide affordable, accessible, and ef12 fective driver training for every teenage driver 

13 of the United States. 


bajohnson on PROD1PC77 with BILLS

bajohnson on PROD1PC77 with BILLS
Calendar No. 215 

110TH CONGRESS 

1ST SESSION S. RES. 230 

RESOLUTION 

Designating the month of July 2007 as ‘‘National 

Teen Safe Driver Month’’. 

JUNE 21, 2007 

Reported without amendment 


bajohnson on PROD1PC77 with BILLS