Colorado Paid Family and Medical Leave Insurance Act. § 8-13.3-501 et seq., C.R.S. 8-13.3-501. Short title. This part 5 shall be known and may be cited as the “Paid Family and Medical Leave Insurance Act”. 8-13.3-502. Purposes and findings. The people of the state of Colorado hereby find and declare that: 8-13.3-503. Definitions. As used […]
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The Foreign Investment in Real Property Tax Act (FIRPTA) and the Fixed, Determinable, Annual, or Periodical income (FDAP) rules
Gilbert v. United States, 998 F. 3d 410 – Court of Appeals, 9th Circuit 2021 FIRPTA and the FDAP rules require the transferee—or buyer—in taxable transactions with a foreign entity to deduct, withhold, and pay a prescribed amount to the Internal Revenue Service (IRS). 26 U.S.C. § 1472; 26 U.S.C. § 1445(a). Congress specifically enacted […]
California Labor Code §1102.5
An employer in California is prohibited by law from retaliating against an employee who complains to his employer about what s/he believes to be illegal conduct on the part of the employer. California Labor Code Section 1102.5 provides, (a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce […]
New California requirements for employment separation agreements
(A) It is an unlawful employment practice for an employer or former employer to include in any agreement related to an employee’s separation from employment any provision that prohibits the disclosure of information about unlawful acts in the workplace. (B) A nondisparagement or other contractual provision that restricts an employee’s ability to disclose information related to conditions […]
The Harmonized System for Exports
Among industry classification systems, Harmonized System (HS) Codes are commonly used throughout the export process for goods. The Harmonized System is a standardized numerical method of classifying traded products. The HS is administrated by the World Customs Organization (WCO) and is updated every five years. It serves as the foundation for the import and export classification systems used in the United […]
Economic Duress and Equitable Estoppel
13340 MDR LLC v. PREFERRED BANK, Cal: Court of Appeal, 2nd Appellate Dist., 5th Div. 2019 A claim of economic duress often arises when a party is attempting to avoid a contract modification or a settlement and release. (Rich & Whillock, Inc. v. Ashton Development, Inc. (1984) 157 Cal.App.3d 1154, 1158.) The party asserting duress need […]
Transfers to Defraud Creditors
Under some circumstances a creditor may sue to set aside a transfer of property by a debtor, where the transfer defrauds that creditor. (Civ.Code, § 3439 et seq., the Uniform Fraudulent Transfer Act.) A well-established principle of the law of fraudulent transfers is, “A transfer in fraud of creditors may be attacked only by one […]
Bereavement Leave
Assembly Bill No. 1949 CHAPTER 767 An act to amend Sections 12945.21 and 19859.3 of, and to add Section 12945.7 to, the Government Code, relating to employment. [ Approved by Governor September 29, 2022. Filed with Secretary of State September 29, 2022. ] AB 1949, Low. Employees: bereavement leave. Existing law, commonly known as the California Family Rights Act, which is a part of the California […]
Substantive unconscionability in the context of an arbitration agreement
TAMANAHA v. DroneBASE, INC., Cal: Court of Appeal, 2nd Appellate Dist., 3rd Div. 2022 We begin by reviewing general principles of unconscionability. “`One common formulation of unconscionability is that it refers to “`an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to the […]
Colorado’s new non-compete / confidentiality agreement law
Effective August 10, 2022 Section 8-2-113 – Unlawful to intimidate worker – agreement not to compete – prohibition – exceptions – notice – definition (1)Legislative intent. The general assembly intends to preserve existing state and federal case law in effect before the effective date of this act that: (a) Defines what counts as a covenant not to […]