News & Analysis as of

Retroactive Application Amended Legislation

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

Second Circuit Ruling Clarifies Reach of EFAA Under Continuing Violation Doctrine in Sexual Harassment Cases

The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a...more

Mintz - Employment Viewpoints

Do as I Say And as I Do – California Amends Its Non-Compete Law

On the heels of the New York and FTC non-competition legislation (discussed here and here), Governor Newsom recently signed an amendment to California’s non-compete ban into law. The amendment, S.B. 699, takes effect on...more

Venable LLP

Florida Adopts Changes to the Florida Telephone Solicitation Act

Venable LLP on

Last month, Florida governor Ron DeSantis signed into law amendments to the Florida Telephone Solicitation Act (FTSA) that scale back the scope and reach of the statute, bringing it in line with federal TCPA standards and...more

Proskauer - Minding Your Business

Court Rules that New York’s New Anti-SLAPP Law Applies Retroactively

On June 30, 2021, pop star Kesha was reportedly handed a victory by a New York state court, which ruled that the state’s new anti-SLAPP legislation applied retroactively to music producer Dr. Luke’s lawsuit, in which he...more

Epstein Becker & Green

#WorkforceWednesday: New AB5 Exemptions, EEOC COVID-19 Updates, Joint-Employer Rule Partially Struck Down - Employment Law This...

Epstein Becker & Green on

Welcome to #WorkforceWednesday! This week, worker classification and joint employment are in focus, as California amends AB5 and a federal judge rules on joint-employer liability. New AB5 Exemptions in CA (video attached) ...more

Seyfarth Shaw LLP

Challenge to North Dakota Farm Equipment Dealer Statute May Give New Life to Contract Clause Arguments by Manufacturers

Seyfarth Shaw LLP on

Article I, Section 10, Clause 1 of the United States Constitution provides that “[n]o state shall . . . pass any . . . Law Impairing the Obligation of Contracts . . . .” On August 2, 2019, a panel of the US Court of Appeals...more

WilmerHale

Congress Enacts Law Creating a Sex Trafficking Exception From the Immunity Provided by Section 230 of the Communications Decency...

WilmerHale on

On Wednesday, April 11, the President signed into law the Allow States and Victims to Fight Online Sex Trafficking Act of 2017, also known as “FOSTA.” FOSTA aims to address congressional concerns that certain online service...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Parses Distinction Between “Based on” and “Applicable to” in Context of Sentence Reductions for Retroactive...

In United States v. Leonard, No. 15-22-32-cr (December 14, 2016) (Raggi, Chin, Droney), the Second Circuit vacated and remanded an order finding a defendant ineligible for a sentence reduction based on a retroactive amendment...more

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