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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
--------
Question: amount and terms of the deductions ...” In case of any failure to pay wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney’s fees as the court may allow. § 41-10-80(C). The South Carolina Supreme Court has interpreted this treble damages provision to mean that the decision to award the penalty of treble damages is discretionary, and the penalty should not be imposed “if there is a good faith dispute over wages allegedly due.” Rice, 456 S.E.2d at 383. Fruehauf asks us to extend the requirement that there be a bona fide, good faith wage dispute to require that Wall show that Fruehauf willf 335 S.C. 598, 518 S.E.2d 591 (1999) (<HOLDING>); O’Neal v. Intermedical Hospital of South 
 Holding statements: (A) recognizing that an attorney has a duty of loyalty to his client (B) holding that the lack of a confidentiality agreement does not necessarily defeat an argument that information is a trade secret because where an employee acquires during the course of his employment a special technique or process developed by his employer he is under a duty not to use it to the detriment of his employer (C) holding that an attorney who breaches a fiduciary duty to a client forfeits his right to compensation without any requirement that the client prove actual harm (D) holding that an employee who breaches the duty of loyalty to his employer forfeits his right to compensation and creates a good faith dispute over the payment of his wages by virtue of his bad behavior (E) holding that when an employee is injured by his employers tortious conduct his employer owes him damages and compensation under the act

Answer: recognizing that an attorney has a duty of loyalty to his client


Question: that in December 1995, his wage was $8.67 per hour. Lewis stated that a Caucasian employee, who misrepresented his knowledge of desktop publishing, was hired at a rate of $9.00 per hour in his department. This employee ultimately was “[p]ushed out the door.” Supp.App. at 354. Lewis also stated that another Caucasian employee received a pay increase from $7.50 to $8.25 per hour after he went from part-time to full-time status, and that a third Caucasian employee told him that he received a raise after his father called the store manager. The District Court held that Lewis failed to establish a prima facie case of discrimination because he had not shown that the employees he identified were similarly situated to him. See Watson v. Eastman Kodak Co., 235 F.3d 851, 857-58 (3d Cir.2000) (<HOLDING>). Finally, on his wrongful termination claim, 
 Holding statements: (A) holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated (B) holding that a plaintiff who did not show that he was paid at a lower rate than similarly situated employees could not survive summary judgment (C) holding that plaintiff was not similarly situated to another employee who also engaged in protected activity for purposes of plaintiffs retaliation claim (D) holding that employees of differing seniority levels were not similarly situated (E) holding that employee who violated a different policy of the store than plaintiff was not similarly situated

Answer: holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated


Question: 487 U.S. 1, 11-14, 108 S.Ct. 2225, 101 L.Ed.2d 1 (1988) (considering a facial challenge to the New York Human Rights Law, which forbade discrimination based on race and other factors). And in Taxpayers for Vincent, the Supreme Court considered a challenge to the constitutionality of a Los Angeles sign ordinance. Noting that the challenging party had not argued that the ordinance could never be validly applied, the Court characterized the attack on the ordinance as “a challenge to the ordinance as applied to [appellees’] activities” and limited its analysis to whether the ordinance was unconstitutional as applied. 466 U.S. at 802, 104 S.Ct. 2118. This court has also found laws unconstitutional as applied, but not facially. See, e.g., State v. Grossman, 636 N.W.2d 545, 551 (Minn.2001) (<HOLDING>); McDonnell v. Comm’r of Pub. Safety, 473 
 Holding statements: (A) holding  1130 to be unconstitutional as applied to the plaintiff (B) holding minnesotas patterned sex offender senfence enhancement statute unconstitutional as applied to one defendant and noting our doubts as to whether the statute could ever be constitutionally applied (C) holding that the death penalty is unconstitutional as applied to juvenile defendants (D) holding that the defendant could not be sentenced under the patterned sex offender statute if his offense occurred before the statute became effective (E) holding that the statute as applied violates the commerce clause

Answer:
holding  1130 to be unconstitutional as applied to the plaintiff