News & Analysis as of

Rebuttable Presumptions

Benesch

NLRB’s General Counsel Declares “Stay-or-Pay” Provisions Unlawful, Employers Given 60 Days to Comply (Deadline: December 6, 2024)

Benesch on

The top prosecutor for the National Labor Relations Board (the “NLRB”) warned employers that they have 60 days to redo or eliminate contracts containing “stay-or-pay” provisions, which require employees to continue working or...more

Jackson Lewis P.C.

NLRB General Counsel Declares ‘Stay-Or-Pay’ Provisions Unlawful: What Employers Need to Know

Jackson Lewis P.C. on

Takeaways: •The General Counsel expanded her theory that certain restrictive covenants are unlawful by also including “stay-or-pay” provisions - •Employers could soon face expanded remedies for proffering, maintaining, -or...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Issues Injunction to Prevent Presumptive Gender and Race Preferences for DOT Contracts Within Kentucky and Indiana

With the recent Supreme Court decision ending affirmative action in college admissions, similar statutory presumptions of disadvantage, such as DOT’s DBE program, are susceptible to similar challenge. The Court issued a...more

Bowditch & Dewey

Abutter’s Diminution in Property Value Argument Found Insufficient to Confer Standing to Challenge Special Permit for Research and...

Bowditch & Dewey on

In Pobeda RT II, LLC v. Zoning Bd. of Appeals of Watertown, 104 Mass. App. Ct. 250 (2024), the Court of Appeals confirmed the longstanding holding that “diminution in property value is an insufficient basis for standing...more

Davies Ward Phillips & Vineberg LLP

Navigating the New Norm: Further Changes to Canada’s Competition Act in Effect

Parliament recently passed Bill C-59 (the Fall Economic Statement Implementation Act, 2023), which include important changes to Canada’s Competition Act, many of which are now in force. These amendments follow the already...more

Benesch

Colorado Jumps to the Head of the Line: Enacts First Comprehensive State AI Consumer Protection Law

Benesch on

Colorado’s comprehensive artificial intelligence legislation signals that future AI regulation is trending toward a state-by-state approach, like data privacy before it, unless federal legislation is enacted. ...more

Weber Gallagher Simpson Stapleton Fires &...

New York Court of Appeals Clarifies WCL § 21(1) in Work Assault Cases: Timperio v. Bronx Lebanon

The New York Court of Appeals issued a decision last week, clarifying the rebuttable presumption of WCL § 21(1) in work assault cases, particularly in a mass shooting scenario. When an injury happens during work, it is...more

Stange Law Firm, PC

Missouri makes equal parenting time a rebuttal presumption

Stange Law Firm, PC on

Missouri recently followed many other states by making equal parenting time a rebuttable presumption in divorce and child custody matters. The rebuttal presumption was enacted as part of Senate Bill 35, which went into effect...more

Holland & Knight LLP

Treasury, IRS Issue Inbound Corporation Stock Repurchase Excise Tax Proposed Regulations

Holland & Knight LLP on

Following the release of initial guidance in the form Notice 2023-2, the U.S. Department of the Treasury (Treasury) and IRS issued proposed regulations (the Proposed Regulations) under the Section 4501 stock repurchase excise...more

Lathrop GPM

Regulators Examining Interested Party Transactions in Healthcare and in other Nonprofits

Lathrop GPM on

State attorneys general, the IRS, and other regulators are focused on “interested party” (conflict-of-interest) transactions in the healthcare and nonprofit sectors. While these transactions are generally permissible and may...more

Womble Bond Dickinson

Window Shade Bracket Design is Not Protectable Trade Dress

Womble Bond Dickinson on

The U.S. District Court for the Southern District of New York recently held that window shade systems designed for hiding wires in a power shade system and described as “clean” and “seamless” were not entitled to trade dress...more

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

Provisional Deal Reached on the EU Platform Work Directive, With Changes on Worker Classification Test, Stricter AI Rules

European Union policymakers reached a provisional agreement on the Platform Work Directive on March 11, 2024, which reveals significant concessions on the classification of digital platform workers as employees or independent...more

Eversheds Sutherland (US) LLP

FCC order codifies rules for revocation under the TCPA

On February 15, 2024, the Federal Communications Commission (FCC) published a Report and Order (Order) that attempts to clarify the rules for revoking consent under the Telephone Consumer Protection Act (TCPA). Most notably,...more

Farella Braun + Martel LLP

Navigating California's New Rebuttable Presumption Law

The ever-evolving landscape of employment laws in California has introduced a notable change with the implementation of a new law that establishes a rebuttable presumption of retaliation in some circumstances. This law, which...more

The Volkov Law Group

Episode 309 -- Alex Cotoia on Compliance with the Uyghur Forced Labor Prevention Act

The Volkov Law Group on

On December 31, 2021, President Joseph R. Biden, Jr. signed the the Uyghur Forced Labor Prevention Act (“UFLPA”) into law to address the ongoing exploitation of the ethnic minority Uyghur population by the government of the...more

Laughlin, Falbo, Levy & Moresi LLP

The Covid-19 Presumptions: Are They Truly Gone?

For more than three years, virtually everyone in the California workers’ compensation community had become familiar with the Covid-19 presumptions. Labor Code sections 3212.86, 3212.87, and 3212.88 were passed as emergency...more

Schwabe, Williamson & Wyatt PC

Mid-America Continues to Challenge DOT’s DBE Program ‎

Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 was filed in the United States District Court for the Eastern District of Kentucky to challenge the federal Department of...more

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

Digital Platforms, Beware of the Evolving EU Platform Work Directive

After more than two years of legislative highs and lows for the European Union’s proposed Platform Work Directive, the EU may be inching closer to adopting regulations on the classification of platform workers, such as...more

Kaufman & Canoles

New Court of Appeals of Virginia Opinion Regarding Key Requirements To Prove, And Rebut, The Existence Of An Easement By...

Kaufman & Canoles on

Yesterday, the Court of Appeals of Virginia addressed key requirements to prove, and rebut, the existence of an easement by prescription in Boxley v. Crouse, Record No. 0183-23-3. ...more

Holland & Knight LLP

A Look at New California Labor and Employment Laws for 2024

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The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 6 "Employers Beware - Rebuttal Presumption Potentially Available for...

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the sixth day of the holidays, my labor and employment...more

Dunlap Bennett & Ludwig PLLC

The “New” Narrative Requirement In SBA 8(a): Business Development Program Eligibility For Socially And Economically Disadvantaged...

The US Small Business Administration (“SBA”) has a long history of supporting socially and economically disadvantaged business owners under Title 15, Chapter 14A, Sections 636(j)(10) and 637(a) of the United States Code. One...more

Fox Rothschild LLP

Retaliation Claims Will Be Even Easier to Allege in 2024

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I have often said to clients that retaliation claims in California are the easiest claims to allege and the hardest claims to defend. Regardless of the statute, a retaliation claim is essentially three things:...more

Ervin Cohen & Jessup LLP

California Expands Protections for Employee Conduct

Ervin Cohen & Jessup LLP on

Employee claims of retaliation in the workplace have been on an upward trend since the California Legislature amended Labor Code section 1102.5 to include protections for whistleblower complaints made directly to a person...more

Schwabe, Williamson & Wyatt PC

Mid-America Case Challenges the DOT’s Use of a Rebuttable Presumption

On October 26, 2023, a new legal challenge to the federal Department of Transportation’s Disadvantaged Business Enterprise program was filed in the Federal District Court for the Eastern District of Kentucky. Raising the...more

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