News & Analysis as of

Retroactivity Employer Liability Issues

Husch Blackwell LLP

Federal Judge Certifies Interlocutory Appeal on Retroactivity of BIPA Amendments

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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

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

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Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Perkins Coie

Failure to Pay Wages Due at Discharge Can Incur Triple Damages in Massachusetts

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Late payment of final compensation just became significantly more expensive for employers with workers in Massachusetts. In an opinion on April 4, 2022, Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held...more

Butler Snow LLP

American Rescue Plan Act Provides COBRA Subsidies

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The American Rescue Plan Act of 2021 (“ARPA”) includes a valuable benefit for an employee who has lost (or loses) healthcare coverage due to an involuntary termination or reduction in hours — up to 6 months of free COBRA...more

Sheppard Mullin Richter & Hampton LLP

Labor Commissioner Issues FAQs for Supplemental COVID-19 Paid Sick Leave Law

In a prior article, we explained Senate Bill 95, which requires employers with more than 25 employees in California to provide COVID-19 Supplemental Paid Sick leave... SB 95 creates California Labor Code Sections 248.2 and...more

McDermott Will & Emery

California Expands COVID-19 Supplemental Paid Sick Leave

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On March 19, 2021, California Governor Gavin Newsom signed Senate Bill 95 (SB95), significantly expanding California’s COVID-19 Supplemental Paid Sick Leave (CSPSL). This latest legislation now requires any California...more

Sheppard Mullin Richter & Hampton LLP

California Enacts Expansive, Retroactive Supplemental COVID-19 Paid Sick Leave Law

Beginning on March 29, 2021, Senate Bill 95 will place additional requirements on employers to provide supplemental paid sick leave to employees impacted by COVID-19. The bill, which was approved by the legislature on March...more

Faegre Drinker Biddle & Reath LLP

Summary of New California COVID-19 Supplemental Paid Sick Leave – What Employers Need to Know

On March 19, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 95, which extends and expands employer requirements to provide supplemental paid sick leave (SPSL) to employees impacted by COVID-19. SB 95 goes into...more

Jackson Lewis P.C.

The California Supreme Court To Decide Dynamex Retroactivity

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The California Supreme Court announced that it would decide whether its April 30, 2018 landmark Dynamex decision is retroactive. The Supreme Court’s determination will have a significant impact on companies utilizing...more

Fisher Phillips

Timeframe To File Workplace Bias Claims In California Extended By 2 Years

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A big focus of the #MeToo movement over the last several years has been on efforts to increase the statute of limitations for bringing sexual harassment claims. Governor Newsom just signed into law Assembly Bill 9 (Reyes),...more

Buchalter

Ninth Circuit Changes Course and Asks the California Supreme Court to Decide Whether the Dynamex Decision is Retroactive

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On April 30, 2018, the California Supreme Court issued its landmark Dynamex decision, applying a new “ABC” test to determine whether workers are classified improperly as independent contractors for claims brought under the...more

Fisher Phillips

Federal Court: New Jersey’s Equal Pay Act Is Not Retroactive

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New Jersey employers can breathe a sigh of relief knowing that a federal court has just pronounced that the Diane B. Allen Equal Pay Act, which went into effect on July 1, 2018, is not retroactive. This gives you some...more

Genova Burns LLC

New Jersey’s Equal Pay Act is Not Retroactive, For Now

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In a rare victory for New Jersey employers, on January 14, 2019, U.S. District Judge William Martini of the District of New Jersey ruled that the Diane B. Allen Equal Pay Act (NJEPA) cannot be applied retroactively. In...more

Proskauer - Whistleblower Defense

N.D. Illinois Refuses To Expand Reach of Commodity Exchange Act Whistleblower Provisions

On October 22, 2018, the U.S. District Court for the Northern District of Illinois granted a Rule 12(b)(6) motion to dismiss a first-impression whistleblower retaliation claim under the Commodity Exchange Act (“CEA”). Johnson...more

Fisher Phillips

The Ghost of Borello Returns This Halloween! Court Holds Dynamex ABC Test Applies Only to Wage Order Claims

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As we have covered extensively, the California Supreme Court dropped a proverbial bomb earlier this year in the Dynamex case when it adopted a new legal standard known as the “ABC Test,” making it much more difficult for...more

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