policy that is nominally applicable” to the entire range of personnel subject to the Department’s authority. See Ahern v. Nassau County, 118 F.3d 118, 121 (2d Cir. 1997); Balgowan v. New Jersey Dep’t of Transp., 115 F.3d 214, 219 (3d Cir. 1997); Stanley v. City of Tracy, 120 F.3d 179, 184 (9th Cir. 1997); Carpenter v. City & County of Denver, 115 F.3d 765, 766-67 (10th Cir. 1997). The Court Services Units are staffed by a broad range of exempt and nonexempt employees. There is no basis for finding that this policy creates a “significant likelihood” of deductions for disciplinary action or other infractions. The Commonwealth presented evidence that the JPOs have not been subject to any disciplinary deductions in the wake of Garcia v. San Antonio Metro. Transit Auth., 469 U.S. 528 (1985) (<HOLDING>). The absence of prior deductions under this
holding that congress may abrogate a states immunity pursuant to its enforcement power under  5 of the fourteenth amendment holding that congress has power to subject the states to wage and hour regulation recognizing power of states to engage in some regulation of interstate commerce recognizing that congress has the power to completely divest the courts of their sentencing discretion and that congress granted broad authority to the sentencing commission guided by specific goals and principles holding that where congress has directed the agency to issue a rule without regard to any other provision of statute or regulation that applies to issuance of such rule  congress has amended the law and does not offend the constitution