Exemptions and Exceptions. Notwithstanding the above, the PSLL does not apply to any of the following: • an independent contractor who does not meet the definition of employee under section 190(2) of the New York State Labor Law; • an employee covered by a valid collective bargaining agreement in effect on April 1, 2014 until the termination of such agreement; • an employee in the construction or grocery industry covered by a valid collective bargaining agreement if the provisions of the PSLL are expressly waived in such collective bargaining agreement; • an employee covered by another valid collective bargaining agreement if such provisions are expressly waived in such agreement and such agreement provides a benefit comparable to that provided by the PSLL for such employee; • an audiologist, occupational therapist, physical therapist, or speech language pathologist who is licensed by the New York State Department of Education and who calls in for work assignments at will, determines his or her own schedule, has the ability to reject or accept any assignment referred to him or her, and is paid an average hourly wage that is at least four times the federal minimum wage; • an employee in a work study program under Section 2753 of Chapter 42 of the United States Code; • an employee whose work is compensated by a qualified scholarship program as that term is defined in the Internal Revenue Code, Section 117 of Chapter 20 of the United States Code; or • a participant in a Work Experience Program (WEP) under section 336-c of the New York State Social Services Law.
Exemptions and Exceptions. Notwithstanding the above, the ESSTA does not apply to any of the following: an independent contractor who does not meet the definition of employee under N.Y. Labor Law § 190(2); an employee covered by a valid collective bargaining agreement, if the provisions of the ESSTA are expressly waived in such agreement and such agreement provides a benefit comparable to that provided by the ESSTA for such employee; an audiologist, occupational therapist, physical therapist, or speech language pathologist who is licensed by the New York State Department of Education and who calls in for work assignments at will, determines their own schedule, has the ability to reject or accept any assignment referred to them, and is paid an average hourly wage that is at least four times the federal minimum wage; an employee in a work study program under Section 2753 of Chapter 42 of the United States Code; an employee whose work is compensated by a qualified scholarship program as that term is defined in the Internal Revenue Code, Section 117 of Chapter 20 of the United States Code; or a participant in a Work Experience Program (WEP) under N.Y. Social Services Law § 336-c.
Exemptions and Exceptions. Notwithstanding the above, the PSLL does not apply to any of the following:
57.5.3.1. an independent contractor who does not meet the definition of employee under section 190(2) of the New York State Labor Law;
57.5.3.2. an employee covered by a valid collective bargaining agreement in effect on April 1, 2014, until the termination of such agreement;
57.5.3.3. an employee in the construction or grocery industry covered by a valid collective bargaining agreement if the provisions of the PSLL are expressly waived in such collective bargaining agreement;
57.5.3.4. an employee covered by another valid collective bargaining agreement if such provisions are expressly waived in such agreement and such agreement provides a benefit comparable to that provided by the PSLL for such employee;
57.5.3.5. an audiologist, occupational therapist, physical therapist, or speech language pathologist who is licensed by the New York State Department of Education and who calls in for work assignments at will, determines his or her own schedule, has the ability to reject or accept any assignment referred to him or her, and is paid an average hourly wage that is at least four times the federal minimum wage;
57.5.3.6. an employee in a work study program under Section 2753 of Chapter 42 of the United States Code;
57.5.3.7. an employee whose work is compensated by a qualified scholarship program as that term is defined in the Internal Revenue Code, Section 117 of Chapter 20 of the United States Code; or
57.5.3.8. a participant in a Work Experience Program (WEP) under section 336-c of the New York State Social Services Law.
Exemptions and Exceptions. Notwithstanding the above, the ESSTA does not apply to any of the following:
Exemptions and Exceptions. Notwithstanding the above, the PSLL does not apply to any of the following:
Exemptions and Exceptions. Notwithstanding the above, the PSLL does not apply to any of the following: an independent contractor who does not meet the definition of employee under New York State Labor Law § 190(2); an employee covered by a valid collective bargaining agreement in effect on April 1, 2014, until the termination of such agreement; an employee in the construction or grocery industry covered by a valid collective bargaining agreement if the provisions of the PSLL are expressly waived in such collective bargaining agreement; an employee covered by another valid collective bargaining agreement if such provisions are expressly waived in such agreement and such agreement provides a benefit comparable to that provided by the PSLL for such employee; an audiologist, occupational therapist, physical therapist, or speech language pathologist who is licensed by the New York State Department of Education and who calls in for work assignments at will, determines his or her own schedule, has the ability to reject or accept any assignment referred to him or her, and is paid an average hourly wage that is at least four times the federal minimum wage; an employee in a work study program under Section 2753 of Chapter 42 of the United States Code; an employee whose work is compensated by a qualified scholarship program as that term is defined in the Internal Revenue Code, Section 117 of Chapter 20 of the United States Code; or a participant in a Work Experience Program (WEP) under New York State Social Services Law § 336-c.
Exemptions and Exceptions. The Parties recognise that certain exemptions and exceptions from their respective competition regimes may be necessary to achieve other legitimate policy objectives. The Parties shall endeavour to identify and review these exemptions and exceptions to ensure that each is no broader than necessary to achieve a legitimate policy objective, and implemented in a transparent way that minimises distortions to fair and free competition.
Exemptions and Exceptions. If you wish to request an exception or exemption from any term, policy or condition you must 1) submit a written request and outline the purpose for the request and sensible alterations to said term, policy or condition AND 2) obtain a written approval from KINGLY before acting on a Term exception or exemption. KINGLY shall have the right to reject any such request without providing a reason or explanation.
Exemptions and Exceptions i) Except as otherwise specified in this Agreement, the exceptions to and exemptions from the provisions of the Agreement shall be those specified in Article 506 and 507 of the Agreement on Internal Trade.
ii) A party may, in support of first-time manufacturing or service facilities, exclude a particular procurement from this Memorandum of Agreement for economic development purposes for a period not exceeding three years. For the purposes of this exception, first-time manufacturing or service facilities refers to the first time such a product is manufactured, processed or assembled or service originated within the region. All such exemptions must be reported to the Atlantic Procurement Coordinating Committee prior to the finalization of the contractual arrangement. The Atlantic Procurement Coordinating Committee will review such exceptions in accordance with appropriate criteria. It is understood that the exemption for first-time services allows the provinces to outsource and privatize government services on a one- time basis for a reasonable period of time to be dictated by the nature of the contract.
iii) Professional services listed in Annex 502.1B, subsection (a) of the Agreement on Internal Trade will be exempted from public tendering, but all firms with offices established in the Atlantic Provinces will be given equal opportunities to do business without regard to province of origin. Parties will work toward the development of common procurement practices for these services which will ensure that this provision may be effectively implemented.
iv) Notwithstanding Section 4, paragraph (ii), the parties agree that Newfoundland may continue to apply a provincial preference, as defined in its Provincial Preference Act not exceeding 5%, as applied against Maritime firms within the thresholds of the Agreement.
