News & Analysis as of

Domestic Violence

Alston & Bird

CFPB Proposes to Include Coerced Debt in the Definition of “Identity Theft”

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What Happened? On December 9, the Consumer Financial Protection Bureau (“CFPB”) issued an advance notice of proposed rulemaking(“ANPR”), seeking stakeholder input regarding amending the definitions of “identity theft” and...more

Ballard Spahr LLP

CFPB plans to issue proposed rule mitigating the financial consequences to abuse survivors

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The CFPB intends to issue a proposed rule to address the impact of credit reporting relating to accounts of survivors of domestic violence, elder abuse, and other forms of financial abuse....more

Troutman Pepper Locke

CFPB Initiates FCRA Rulemaking to Address Coerced Debt

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On December 9, the Consumer Financial Protection Bureau (CFPB or Bureau) announced the launch of a rulemaking process addressing credit reporting on survivors of domestic violence, elder abuse, and other forms of financial...more

K&L Gates LLP

State of the Workplace

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In this special end of year publication, we take a look back at another tumultuous year in Australian employment law following significant changes. Almost every area of Australian employment law has over the past two years...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 1 "Additional Protections for Victims of Violence"

The end of one thing is always the beginning of another. That also rings true for years end and new employment laws. It is time, once again, for all California employers to sit down, buckle up, and get ready for the 2025...more

Mandelbaum Barrett PC

Cyber Harassment: A Growing Concern in Domestic Violence Cases

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As technology becomes more integrated into our lives, it has introduced new challenges, particularly in domestic violence cases. One of the most alarming trends is the rise of cyber harassment, where individuals use...more

Stark & Stark

Types of Restraining Orders in New Jersey

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There are two main types of restraining orders you can obtain in New Jersey: A Temporary Restraining Order (TRO) is an emergency measure you can file to obtain immediate protection from your abuser. This order can be...more

Mandelbaum Barrett PC

Elder Law Alert: IRS Issues Guidance on Exceptions to Early Distribution Penalty from Retirement Plans

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The Internal Revenue Service (IRS) recently issued guidance on two new exceptions to the tax on early distributions from certain eligible retirement plans. This guidance, outlined in Notice 2024-55 (IR 2024-170, 6/20/2024),...more

Morgan Lewis - ML Benefits

Guidance on Distributions for Emergency Personal Expense and Domestic Abuse Victims

The Internal Revenue Service (IRS) released a notice providing guidance on distributions for emergency personal expense and domestic abuse victims under the SECURE 2.0 Act of 2022 (SECURE 2.0). Both distributions are...more

Bowditch & Dewey

Massachusetts Expands Eligibility to Obtain a Restraining Order Beyond Physical Abuse

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Has your partner or a family member ever: - Isolated you from family or friends? - Controlled your access to food, medicine, money, transportation, or another basic needs? - Forbidden you from attending school or...more

Seyfarth Shaw LLP

If Pain, Yes Gain – Part 126: California Expands Paid Sick Leave Protections For 2025

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Governor Newsom recently signed new laws – SB 1105 and AB 2499 – which extend and clarify employees’ available reasons for use of California paid sick leave (PSL)....more

Fox Rothschild LLP

Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on Credibility

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Many domestic violence cases, particularly those dealing with allegations of harassment, or borderline cases that may or may not be what is called “domestic contretemps” come down to credibility determinations. Which party is...more

Fox Rothschild LLP

More Protected Time Off Provisions for CA Employers (AB 2499)

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It can be so confusing to understand whether and when an employee’s missed shift can be grounds for discipline. For example, you can’t discipline an employee, even if they call off at the last minute, if they have statutory...more

Ius Laboris

Domestic Abuse ‘Safe Leave’ in Northern Ireland

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The Department for the Economy in Northern Ireland has published a public consultation on the framework for the introduction of safe leave for employees experiencing domestic abuse....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Expands Protections and Paid Sick Leave Uses for Crime Victims

On September 29, 2024, California Governor Gavin Newsom signed into law Assembly Bill (AB) No. 2499, a measure that provides leave protections for victims of domestic violence, sexual assault, stalking, or other crimes, as...more

Littler

California Expands Paid Sick Leave Uses for Crime Victims and Agricultural Employees, and Changes Unpaid Leave Standards for...

Littler on

On September 29 and 24, 2024, respectively, California’s governor signed two bills that amend California’s Healthy Workplaces Healthy Families Act (HWHFA), the statewide paid sick leave law. AB 2499 expands who qualifies for...more

Fisher Phillips

New Law Reframes Victim-of-Violence Leave in California: 8 Key Takeaways for Employers

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California Governor Gavin Newsom signed a bill into law yesterday that will reframe and expand existing workplace protections for employees who are victims of crime or abuse. The new law redefines who is entitled to...more

Bowditch & Dewey

Finding a Way Out From Under Financial Abuse

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According to the National Domestic Violence Hotline, 27% of people in physically abusive relationships also reported experiencing financial abuse. Financial abuse takes many forms and does not discriminate based on race,...more

Fox Rothschild LLP

Yes, The Fifth Amendment Does Apply to Domestic Violence Proceedings

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It was long believed by many that if a defendant in a domestic violence hearing plead the 5th Amendment (i.e. chose not to testify on the grounds that it might incriminate him/herself), that the court could draw an adverse...more

Smith Debnam Narron Drake Saintsing & Myers,...

The Basics of Restraining Orders in North Carolina

In the sixteen years that I was a Wake County District Judge and District Attorney, I’d often be asked how to get a restraining order. The answer is relatively simple – the North Carolina General Assembly passed a law that...more

Mitratech Holdings, Inc

Zero Tolerance: Implementing Workplace Violence Prevention Policies and Best Practices

Discover how implementing prevention policies and adopting best practices can foster a secure, productive, and respectful workplace. Every employee deserves to feel safe at work, yet incidents of workplace violence remain...more

Smith Debnam Narron Drake Saintsing & Myers,...

What Can You Sue Your Ex-Spouse For?

Grounds for Suing an Ex-Spouse or Ex-Partner - Can you Sue Your Ex for Emotional Distress? In North Carolina, you may be able to sue your ex-spouse for intentional infliction of emotional distress or negligent infliction...more

Jackson Lewis P.C.

New Guidance: Emergency Personal Expense And Domestic Abuse Victim Distributions

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Of interest to 401(k) plan sponsors and administrators, the IRS recently issued Notice 2024-55, providing guidance on SECURE 2.0’s new exceptions—effective January 1, 2024—to the additional 10% tax on early qualified...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - June 2024

The June Monthly Minute highlights recent DOL guidance on annuity provider selection for defined benefit plans and IRS Q&As that provide details on SECURE 2.0’s optional emergency and domestic abuse victim distributions for...more

Dorsey & Whitney LLP

The Supreme Court Update - June 21, 2024

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The Supreme Court of the United States issued five decisions today: United States v. Rahimi, No. 22-915: This Second Amendment case addresses the constitutionality of 18 U.S.C. § 922(g)(8), which makes it a crime for an...more

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