In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Input: Consider Input: failed to ' pay Tomlin at the time-and-a-half rate for the hours he worked in excess of forty per week. In the event of such a failure, we instruct the ALC to determine the rate of compensation to which Tomlin was entitled, the number of overtime hours that were underpaid, and the amount the Department owes Tomlin for his labor. II. Remaining Issues With regard to Tomlin’s remaining issues, we affirm based upon the following authorities: 1. As to the circuit court’s remand to the ALC for determination of the prevailing wage: Condor, Inc. v. Bd. of Zoning Appeals, City of N. Charleston, 328 S.C. 173, 178, 493 S.E.2d 342, 344 (1997) (preventing an appellant from arguing on appeal an issue conceded in the trial court); Bowman v. Bowman, 357 S.C. 146, 160, 591 S.E.2d 654, 661 (Ct.App.2004) (<HOLDING>). 2. As to whether Tomlin was an employee of 
 Holding statements: (A) holding that even when the issue is constitutional in nature an argument is not preserved on appeal unless the appellant raised and made the argument at trial and obtained a ruling on it nor will a particular theory be addressed on appeal if it was not presented below (B) holding a party cannot seek and receive a particular result at trial and then challenge it on appeal (C) holding that defendant must object at trial to preserve as applied challenge for appeal (D) holding that we cannot properly receive and consider evidence that was not presented to and considered by the trial court (E) holding that claims based on grounds not objected to at trial cannot be considered on appeal

Output: (B)


Input: Consider Input: omitted)). This is a fact-intensive inquiry that requires a finder of fact to consider numerous relevant factors, including “substantially identical management, business purpose, operation, equipment, customers, supervision, and ownership.” Int’l Union of Operating Eng’rs, Local 150, AFL-CIO v. Rabine, 161 F.3d 427, 433 (7th Cir.1998). Intent to evade union obligations, though not the keystone to proving alter ego in some other circuits, is the most critical factor in the Seventh Circuit. Compare Trs. of Pension, Welfare & Vacation Fringe Benefit Funds of IBEW Local 701 v. Favia Elec. Co., 995 F.2d 785, 789 (7th Cir.1993) (quoting Centor Contractors, 831 F.2d at 1312), with Rd. Sprinkler Fitters Local Union No. 669, U.A., AFL-CIO v. Dorn Sprinkler Co., 669 F.3d 790, 794 (6th Cir.2012) (<HOLDING>). 1. Ownership, management, operation, and 
 Holding statements: (A) holding that collective bargaining agreements cannot compel the arbitration of statutory rights (B) holding that intent to evade collective bargaining obligations is merely one factor among many that must be considered (C) holding that exercising control over other participants is one factor among many that should be considered not a requirement for applying the adjustment (D) holding that a debtorinpossession could reject a collective bargaining agreement (E) holding terms of collective bargaining agreement only a factor in weighing reasonableness of accommodation

Output: (B)


Input: Consider Input: 418, 421 (Colo.2001) (concluding, after determining that the URA did not apply, that public entity could enforce a 30-day termination provision in a lease because the entity “possessed the same rights ... which any other market buyer would have”); Se. Pa. Transp. Auth. v. Frankford 5206 Bar, Inc., 138 Pa.Cmwlth. 209, 587 A.2d 855, 857, 860 (1991) (concluding that when public entity acquired property and informed tenant that it would not renew tenant’s lease at the end of current lease term, tenant was not a “‘displaced person’ since the termination of its occupancy here resulted from the natural expiration of its then current lease term and not from [the public entity’s] acquisition of the [property]”); Hindsley v. Twp. of Lower Merion, 25 Pa.Cmwlth. 455, 360 A.2d 297, 298-99 (1976) (<HOLDING>). These cases are not persuasive in light of 
 Holding statements: (A) holding that former employees of a brokerage firm who had a contractual right to a share of any commission received by the firm upon extension of a lease were not entitled to a share of the commission received when the landlord and tenant entered an amendment to the lease which extended the duration but also added new terms this was a new lease not an extension of the prior lease (B) holding that after township acquired property entered into lease with tenant that was renewable absent notice of termination and terminated lease tenant was not displaced person because tenant will be moving not as a result of the acquisition  of such real property but rather because township having already acquired the property has merely declined to renew the lease quotation omitted (C) holding that the tenant was not a holdover tenant despite retaining keys because the tenant recognized the termination of the tenancy relinquished possession of the premises and the landlord was able to gain access to the property (D) recognizing that a lease providing for renewal at the termination of the lease did not require the lessee to exercise the option before the lease expired nor did it require renewal at the precise hour of termination but gave the lessee a reasonable time after the termination of the lease in which to make his election (E) holding that when notice to vacate was insufficient to comply with the terms of the lease lease was not properly terminated before commencement of summary ejectment action


Output: (B)