News & Analysis as of

Burden of Proof New Legislation

Proskauer - California Employment Law

New Trial Threat To California Employers Has Arrived

A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial. In many if not most...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

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The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, April 2023

ChatGPT’s Impact on Education and Student Data Privacy - Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more

King & Spalding

Florida Passes Law Limiting COVID-19 Lawsuits

King & Spalding on

On Monday, March 29, 2021, Florida Governor Ron DeSantis signed into law a bill that limits COVID-19 liability for Florida health care providers, health care facilities and other businesses. KEY PROVISIONS - Now known...more

McDermott Will & Emery

California Law SB 1159 Creates Workers' Compensation Presumption

McDermott Will & Emery on

On September 17, 2020, California Governor Gavin Newsom signed SB 1159 into law, which is effective immediately for all employers. The law does five things: (1) it codifies Governor Newsom’s Executive Order N-62-20 on a...more

Fisher Phillips

California Enacts Workers’ Compensation Presumption That Applies To Most Employers With COVID-19 “Outbreaks”

Fisher Phillips on

California Governor Gavin Newsom just signed legislation that establishes a workers’ compensation presumption that will apply to most employers in the state that have a COVID-19 “outbreak” through 2022 – meaning it is much...more

Seyfarth Shaw LLP

Claims Can Now Be Filed Under New Jersey’s New Law For Asserting Child Sex Abuse Claims

Seyfarth Shaw LLP on

Synopsis: New Jersey’s recently enacted legislation which significantly extends the statute of limitations for sexual abuse claims and creates a two-year filing window for sexual abuse claims that would otherwise be...more

FordHarrison

NYS Eases Burden of Proof for Discriminatory Harassment

FordHarrison on

On August 12, 2019, New York State (NYS) amended its Human Rights Law to make it easier to prove discriminatory harassment for members of all protected classes, including age, race, creed, color, national origin, sex, sexual...more

Sheppard Mullin Richter & Hampton LLP

Utah Requires Law Enforcement Search Warrants

Effective this week, law enforcement in Utah will need a search warrant to obtain for certain electronic records. The new state legislation looks to expand privacy protections for content that consumers store online....more

Fisher Phillips

Kentucky's New Workers' Comp Law Encourages Drug Testing

Fisher Phillips on

House Bill 2 (“HB2”) was signed into law by Governor Matt Bevin and became effective in July 2018. Through HB2, the legislature enacted significant changes to multiple provisions of the Workers’ Compensation Act. One of the...more

Proskauer - Proskauer For Good

New York Toughens Anti-Trafficking Law

What I thought would be a simple bill signing ceremony for legislation intended to protect children from sex trafficking turned out to be something more. On August 15th in lower Manhattan, rock music blared in the community...more

Schwabe, Williamson & Wyatt PC

Wage Gap and #MeToo Movement Legislation: Impact on Washington Employers

Last week, Governor Inslee signed several pieces of important legislation that will impact Washington employers. We have seen significant media coverage in recent years about the gender wage gap and how women are still paid...more

Fisher Phillips

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

Fisher Phillips

Governor Brown Signs Bill to Significantly Alter California Retaliation Law to Benefit Employees

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Senate Bill 306, among other things, allows an employee or the Labor Commissioner to obtain a preliminary injunction (ordering the employee to be reinstated pending their retaliation claim) upon a mere showing of “reasonable...more

Fisher Phillips

Missouri Levels The Playing Field For Defending Baseless Discrimination Lawsuits

Fisher Phillips on

Good news for Missouri employers: the days of our state arguably being considered the most dangerous place in America for baseless discrimination lawsuits are about to end. Governor Eric Greitens late last week signed...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Mintz

Massachusetts Legislature Overhauls Public Records Law

Mintz on

Last week the Massachusetts Legislature adopted significant changes to the Massachusetts Public Records Law. These changes apply to all state agencies and municipalities and in theory are designed to improve the disclosure of...more

Greenberg Glusker LLP

New Year, New Fraudulent Transfer Law

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It’s a new year, and we have a new law affecting debtors and creditors in California. Effective January 1, 2016, California’s Uniform Voidable Transactions Act (UVTA) has replaced California’s Uniform Fraudulent Transfer Act...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Congress Overhauls Partnership Audit and Litigation Procedures"

On November 2, 2015, President Barack Obama signed into law the Bipartisan Budget Act of 2015 (the Act). The Act overhauls the partnership audit and litigation rules in the Internal Revenue Code, repealing both the provisions...more

Zelle  LLP

The California Fair Pay Act

Zelle LLP on

California’s Fair Pay Act, which takes effect on January 1, 2016, prohibits private employers from paying male and female employees at different wage rates for substantially similar work. This standard is both more stringent...more

Latham & Watkins LLP

How to Prepare for the New California Fair Pay Act

Latham & Watkins LLP on

Changes in the Act will increase the difficulty employers face in justifying pay differentials. On October 6, 2015, Governor Brown signed into law the California Fair Pay Act. The California Fair Pay Act amends Labor...more

Manatt, Phelps & Phillips, LLP

Fraudulent Transfers Get an Update in California

Why it matters - With the enactment of the Uniform Voidable Transaction Act (UVTA) to supersede the Uniform Fraudulent Transfer Act (UFTA), California has put a fresh spin on the law of fraudulent transfers in the state....more

McDermott Will & Emery

Missouri DOR Burden of Proof and Notice Requirements Remain Uncertain After Veto

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The Missouri General Assembly passed several tax-related bills at the end of the legislative session in mid-May that would have altered the Department of Revenue’s (Department) burden of proof and changed its notice...more

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