McKnight's Long-Term Care News’ Post

New York employers: As previously reported on PERKS, Governor Hochul signed an amendment to NY law regulating the use of nondisclosure provisions in settlement agreements. Keep in mind that the amendment expands coverage of this law to claims involving harassment and retaliation, and also to claims asserted by independent contractors. The amendment clarifies that an individual who prefers the inclusion of such a nondisclosure provision must be given “up to” 21 days to consider such provision, which indicates that the individual may now agree to waive some or all of the 21-day period (which was not previously permitted). Finally, the amendment adds that in a settlement agreement involving the release of discrimination, harassment or retaliation claims, the agreement: (i) may not include liquidated damages for breach of a nondisclosure or non-disparagement provision; (ii) may not require or include an affirmative statement by the individual that they were not in fact subjected to unlawful discrimination, harassment or retaliation; and (iii) must include carve out language specifying that the agreement does not preclude the individual from speaking with law enforcement, the EEOC, the NYSDHR, the attorney general, a local commission on human rights, or an attorney. Please note that this amendment (and the law it amends) does not appear to apply to severance agreements entered into upon termination of employment where no discrimination, harassment or retaliation claims are asserted. #NYS #nondisclosure #confidentiality #settlements #expandedprotections #DGPERKS

On April 11, 2024, the Washington Supreme Court issued a decision mandating how public records officers, agency attorneys and other government employees must close their responses to public records requests under the state Public Records Act (“PRA"), Chapter 42.56 RCW, in order to trigger the PRA’s one-year statute of limitations. Read our latest Legal Alert to learn about the new requirements and steps public agencies and agency personnel can take to ensure their PRA policies are properly updated. https://bit.ly/49HUXuS #LegalAlert #FosterGarvey #PublicRecords #WashingtonLaw

To greet the New Year, here is a look back at the most important False Claims Act developments from 2023. Authors Wendy Schwartz and Greg Pruden have a wealth of experience in this specialized area of the law. #falseclaimsact https://lnkd.in/gmghJirV

Rule 702 Has Changed – Is Your Expert Witness Prepared? With the updated Rule 702 now in effect, courts are scrutinizing expert testimony more rigorously. Litigators must prepare their experts thoroughly to meet the new standards. 📜 New Rule 702 standards for expert testimony. 🔑 Key changes litigators must consider. 📅 How to ensure your expert witnesses comply with the new requirements. Learn more about the critical changes to Rule 702 and how they could impact your upcoming cases. Make sure your expert witnesses are fully prepared. https://lnkd.in/eX29fwkp. #Rule702 #ExpertWitness #Litigation #LegalStrategy #TrialPreparation

With several landmark decisions this term, the U.S. Supreme Court accelerated a substantial transformation of the law governing actions by regulatory agencies. Washington, D.C. partners Stuart Delery and Matt Gregory discuss what these major cases mean for regulatory agencies going forward, particularly against the backdrop of other significant Supreme Court administrative law decisions in recent years. Listen to the webcast: https://lnkd.in/gcQtjq49 #SCOTUS #RegulatoryAgencies #AdministrativeLaw

The Dispute Resolution Ombudsman's (DRO) response to the The Law Society's Green Paper on 21st Century Justice. 'We read the Green paper with interest and are pleased to be able to provide some insight into the current and ongoing policy considerations in the sphere of (Alternative) Dispute Resolution ((A)DR), particularly within the small claims jurisdiction which more closely mirrors the financial values of the majority of the disputes that the Ombudsman considers across the schemes it operates.' Read the full response here: https://ow.ly/MY0z50Ql6FM #ADR #disputeresolution #legalinsights #thelawsociety

#BusinessLawToday | The Supreme Court upheld the Dodd-Frank Act’s CFPB funding mechanism, concluding it fit “comfortably within the First Congress’ appropriations practice.” Read: https://lnkd.in/ergjbwAu #BusinessRegulation #RegulatedIndustries #BusinessLaw

#BusinessLawToday | The Supreme Court upheld the Dodd-Frank Act’s CFPB funding mechanism, concluding it fit “comfortably within the First Congress’ appropriations practice.” Read: https://lnkd.in/euabq_rw #BusinessRegulation #RegulatedIndustries #BusinessLaw

#BusinessLawToday | The Supreme Court upheld the Dodd-Frank Act’s CFPB funding mechanism, concluding it fit “comfortably within the First Congress’ appropriations practice.” Read: https://lnkd.in/gSdF9grD #BusinessRegulation #RegulatedIndustries #BusinessLaw

#BusinessLawToday | The Supreme Court upheld the Dodd-Frank Act’s CFPB funding mechanism, concluding it fit “comfortably within the First Congress’ appropriations practice.” Read: https://lnkd.in/gwdsKpyt #BusinessRegulation #RegulatedIndustries #BusinessLaw