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Retroactive Application New Legislation

Hinshaw & Culbertson - Consumer Crossroads

Takeaways From Oral Argument in the New York Court of Appeals Review of FAPA Retroactivity

Recently, the New York Court of Appeals heard arguments on the consolidated appeal of two cases that are expected to significantly impact the landscape for mortgage foreclosures in New York. It was certainly a “hot bench” of...more

Holland & Knight LLP

Entra en vigor la reforma a la Ley de Amparo en México

Holland & Knight LLP on

Se publicó el 16 de octubre de 2025, en el Diario Oficial de la Federación, el decreto por el que se reforman y adicionan diversas disposiciones de la "Ley de Amparo, reglamentaria de los artículos 103 y 107 de la...more

Marshall Dennehey

Fifth District Sides with the Sixth District and Finds SB-2A Does Not Apply Retroactively

Marshall Dennehey on

Blumberg v. Security First Insurance Company, Fla. 5th DCA, No. 5D2024-1214, LT Case No. 2023-37546-COCI, August 28, 2025 - The Fifth District Court of Appeals reversed a trial court’s ruling that had retroactively applied...more

McGlinchey Stafford

Second Department Holds Judicial Estoppel Bars Application of FAPA

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On July 16, 2025, the Appellate Division, Second Department declined to apply the Foreclosure Abuse Prevention Act (FAPA) to a mortgage foreclosure commenced prior to FAPA’s enactment, pursuant to the doctrine of judicial...more

Fox Rothschild LLP

Colorado Changes Noncompete Landscape Again

Fox Rothschild LLP on

On August 6, Colorado dramatically changed how restrictive covenants will be handled in the state in the context of health care providers and business owners. The law is not retroactive and will not apply to pre-existing...more

Husch Blackwell LLP

Federal Judge Certifies Interlocutory Appeal on Retroactivity of BIPA Amendments

Husch Blackwell LLP on

On June 10, 2025, Judge Georgia N. Alexakis of the U.S. District Court for the Northern District of Illinois issued an order allowing the defendant in an Illinois Biometric Information Privacy Act (BIPA) action to immediately...more

McGlinchey Stafford

Timing is Everything: Retroactive Application of the Direct Action Statute Amendment

McGlinchey Stafford on

Louisiana’s Direct Action Statute was recently amended to remove the right of an injured person or, if deceased, the statutory beneficiaries, to bring a direct action claim against a tortfeasor’s insurer, except in certain,...more

Littler

New York Significantly Expands Workers’ Compensation Coverage for Work-Related Stress Claims

Littler on

On December 6, 2024, Governor Kathy Hochul signed new legislation, S.6635/A.5745, to support employees facing job-related mental health issues. The law, which went into effect on January 1, 2025, will allow any employee to...more

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

Foley & Lardner LLP

New Legislation Extends California Noncompete Ban to Agreements Signed Outside the Golden State and May Impose Notice Obligations...

Foley & Lardner LLP on

As we’ve previously written, California already takes a strong position against employee noncompete agreements. State law bans such agreements (with extremely limited exception) and imposes significant penalties on employers...more

Mayer Brown

New York Enacts Retroactive Foreclosure Legislation

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While many around the world are setting their calendars forward for the year 2023, residential mortgage loan owners and servicers may need to also look backward in time now that New York Governor Kathy Hochul signed the...more

CDF Labor Law LLP

California Re-Introduces Paid COVID-19 Supplemental Sick Leave

CDF Labor Law LLP on

During 2020 and 2021, California introduced various bills that mandated COVID-19 supplemental paid sick leave for certain California employees. That leave expired in September 2021....more

Procopio, Cory, Hargreaves & Savitch LLP

The New 2022 California Supplemental COVID-19 Paid Sick Leave: Answers to Employer Questions

California employers with 26 or more employees must now prepare to comply with a new supplemental COVID-19 paid sick leave law (“2022 COVID-SPSL”). ...more

Miller Canfield

Michigan Pass-Through Entity Tax Enacted - Quick Action May Be Needed for 2021

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Michigan Gov. Gretchen Whitmer signed legislation on December 20, 2021, allowing Michigan pass-through entities to elect to pay a newly enacted 4.25% income tax and for the owners of those entities to claim a tax credit...more

Fisher Phillips

Kentucky Becomes Latest State to Protect Businesses from Pandemic-Related Liability

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On the final day of the Kentucky General Assembly’s 2021 session, it fulfilled one of its top legislative priorities: enacting a new law that provides personal injury liability protections against COVID-19-related claims to...more

Benesch

Retroactive Payments: California Enacts Expanded COVID-19 Paid Sick Leave

Benesch on

On March 29, 2021, a new law took effect in California requiring most employers to provide supplemental paid sick leave to employees for a variety of COVID-19-related circumstances. The new law, approved by Governor Newsom on...more

Stokes Wagner

California Extends & Expands COVID-19 Supplement Paid Sick Leave Mandate

Stokes Wagner on

On March 19, 2021, Governor Gavin Newsom signed into law SB 95, providing supplemental paid sick leave for COVID-related leaves and absences. The supplemental paid sick leave requirements apply in addition to previous paid...more

Nilan Johnson Lewis PA

California’s New Supplemental Paid Sick Leave for COVID-19

Nilan Johnson Lewis PA on

California recently passed new legislation that will require employers to provide their California employees with up to 80 hours of supplemental paid sick leave for various COVID-19-related reasons. Sound familiar? There are...more

Ervin Cohen & Jessup LLP

SB 95: California Provides Supplemental Paid Sick Leave for COVID-19

On March 19, 2021, California Governor Gavin Newsom signed Senate Bill 95 providing a new form of COVID-19 related paid sick leave for many California workers. The law will become effective on March 29, 2021, and applies...more

Littler

California Enacts (Retroactive) 2021 Emergency Supplemental Paid Sick Leave Law

Littler on

On March 19, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 95, which creates new Labor Code section 248.2 and mandates that employers provide employees with supplemental paid sick leave (SPSL) for various...more

Polsinelli

California Supreme Court Holds “ABC Test” For Independent Contractors Applies Retroactively

Polsinelli on

On January 14, 2021, the California Supreme Court held that the “ABC Test” for classifying workers as independent contractors applies retroactively.  The high court first articulated this standard, which makes it tougher for...more

Littler

California Supreme Court Reaffirms that ABC Test is Retroactive

Littler on

On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more

CDF Labor Law LLP

California Supreme Court Affirms That The Dynamex (A-B-C) Test Applies Retroactively

CDF Labor Law LLP on

Since April 2018, when the California Supreme Court issued its Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) decision, which radically changed the way in which courts differentiated between an...more

Dorsey & Whitney LLP

California Supreme Court Finds that Dynamex Decision Regarding the Standard for Worker Classification Applies Retroactively

Dorsey & Whitney LLP on

Employers have continued to feel the impact of the 2018 California Supreme Court decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles County, 4 Cal.5th 903 (2018). Today, the California Supreme Court in...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

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