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  1. #1

    Default Federal Laws That Are Retroactive and Legal

    Are there any federal laws--commonly used by plaintiffs--that retroactively apply to employment rights issues?

    An example of what I mean is the Americans with Disabilities Act of 1990 and its impact on the way employers treat employees with disabilities.

    It's my understanding that there were some federal laws in place--depending on the industry--that covered employment discrimination against those who were disabled, but if a person wasn't covered by one of them, wouldn't it be a case of "too bad for you?" (Because the ADA isn't--to the best of my MoreBeagleThanLegal knowledge--not retroactive.)

    I'm also wondering if there is a source with an "easy to scan" listing of such critters (federal laws with retroactive application)--if indeed, any such laws exist?

    Thanks!

  2. #2
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    Default Re: Federal Laws That Are Retroactive and Legal

    Quote Quoting MoreBeagleThanLegal
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    Are there any federal laws--commonly used by plaintiffs--that retroactively apply to employment rights issues?
    You need to better explain what you mean.
    Quote Quoting MoreBeagleThanLegal
    An example of what I mean is the Americans with Disabilities Act of 1990 and its impact on the way employers treat employees with disabilities.
    What does that have to do with retroactivyt?
    Quote Quoting MoreBeagleThanLegal
    ....but if a person wasn't covered by one of them, wouldn't it be a case of "too bad for you?"
    If you aren't protected by a law then, yes, "too bad for you" that you're not protected by that specific law.
    Quote Quoting MoreBeagleThanLegal
    I'm also wondering if there is a source with an "easy to scan" listing of such critters (federal laws with retroactive application)--if indeed, any such laws exist
    No such resource exists.

  3. #3
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    Default Re: Federal Laws That Are Retroactive and Legal

    Quote Quoting MoreBeagleThanLegal
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    Are there any federal laws--commonly used by plaintiffs--that retroactively apply to employment rights issues?
    I agree that we need a better explanation of what you are asking for. It may help to understand that the term retroactive as applied to a statute means a statute that provides that it applies not only for periods after enactment of the law but also for some period prior to the enactment of that law. For example, Congress could pass a law today that provides for a certain tax credit. Normally that would only apply to tax years 2018 and after. But Congress could also provide that you can claim that credit for 2017, too. The provision allowing you to go back to a tax year prior to enactment of the law is retroactive. Such laws are not all that common, however.

  4. #4
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    Default Re: Federal Laws That Are Retroactive and Legal

    Retroactive laws are generally not prohibited. The major restriction is the Constitutions prohibition on ex post facto laws. This applies primarily to criminal law, criminal burden of proof, and criminal penalties being changed after the crime was committed. However, even that is sometimes a gray area. The sex offender registraiton rules are allowed to retroactively apply as the court has determined not to be a conviction nor punishment (similarly, restrictions on gun ownership, etc...).

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    Default Re: Federal Laws That Are Retroactive and Legal

    Post hx is enlightening

  6. #6

    Default Re: Federal Laws That Are Retroactive and Legal

    Thanks so much--once again-- for your answers!!

    You are all correct that the wording of my question was inadequate. I left out some important information. (Because the collective intelligence of this group is exceptional, I just assumed you were also mind readers.)

    Ah, but Taxing Matters read between my badly constructed lines when writing, "the term retroactive as applied to a statute means a statute that provides that it applies not only for periods after enactment of the law but also for some period prior to the enactment of that law."

    TM further supplemented my question with the mention of a hypothetical Congressional passage of a new tax credit for 2018: "Congress could also provide that you can claim that credit for 2017, too."

    That's the issue about which I was wondering.

    To clarify even further, here's what more specifically prompted my question:

    When I review various state statutes, I see--in the footnotes--that many have been updated -sometimes a number of times-during various years following the date the statutes became law. I'm wondering how these updates might effect various cases.

    Example: Let's say that such a statute went into effect in 2015.

    Then, in 2016, a plaintiff's attorney proved that his/her client was injured by a defendant's negligence during 2016, a year during which the original statute was applicable.

    Further, let's assume the 2015 statute stated that in such cases, a jury or judge could award the plaintiff as much money as he/she/they believed to be appropriate.

    Flash forward to 2017, when the 2015 statute is updated to include a limit on the amount of damages that can be awarded.

    The trial concludes after the 2017 update to the 2015 law.

    With regard to the amount of the award, which version of the statute would apply to the plaintiff's case?

    1) Would the 2015 statute apply, because it was "the law," when the injury took place and the claim was filed, meaning no limit on the award?
    2) Or… Would the 2017 updated statute apply--restricting the amount of the award--because that's the year the trial ended?

    Is there a "general" answer to this type of question?

    Thanks again!

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    Default Re: Federal Laws That Are Retroactive and Legal

    Quote Quoting MoreBeagleThanLegal
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    Is there a "general" answer to this type of question?

    Thanks again!
    It depends on exactly how the statute is written. Typically that kind of statute the legislature will expressly state when the new damages limit takes effect. Most commonly, at least in the states in which I practice, the legislature would make that new limit apply to injuries that occurred after the law takes effect rather than limiting it to to trials that occur after the law takes effect. The latter has several problems, not the least of which is that it punishes plaintiffs with cases pending when the bill was introduced whose cases just happen to take longer to get to trial and may prompt defendants to drag out cases to get the benefit of the cap.

  8. #8

    Default Re: Federal Laws That Are Retroactive and Legal

    Thanks!

    A couple of other questions:

    1) Is there any way to know whether a state statute--as currently worded--actually incorporates all of the subsequent changes?

    2) On the Federal level, does the current version of the US Code (at Cornell, for example) incorporate changes to the various laws? (Or does one have to "dig"?)

    Would love to know of a source that details what certain sections of the code actually apply TODAY.

    Thanks again!

  9. #9
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    Default Re: Federal Laws That Are Retroactive and Legal

    Quote Quoting MoreBeagleThanLegal
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    Thanks!

    A couple of other questions:

    1) Is there any way to know whether a state statute--as currently worded--actually incorporates all of the subsequent changes?
    Check to see how current the source is that you are using. Some are updated pretty quickly, others are not.

    Quote Quoting MoreBeagleThanLegal
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    2) On the Federal level, does the current version of the US Code (at Cornell, for example) incorporate changes to the various laws? (Or does one have to "dig"?)
    Same answer. You need to determine when the version of the Code you are looking at was last updated. There are times where you may need to do additional research to ensure that the Code you have is indeed current, like checking the Thomas service of the Library of Congress for pending and recently enacted bills. For tax law I subscribe to a tax news service that tells me every day what changes in the statutes, regulations, rulings and procedures were issued the previous day. It's expensive, but when you need to know the changes as they occur, that kind of service is invaluable. I doubt, however, that you will want to spend that kind of money if you are not practicing law just to be perfectly updated. For most needs, a reasonably updated version of a statute is likely to be all you need. Outside of tax law, most statutes do not change all that often. The Congress keeps the Code updated to within a few days here: U.S. Code. At the top of each section it will tell you how current it is. I picked on at random and it was current as of yesterday. You won't do any better than that other than checking for any bills signed today by the president that might change that section. Again, for most sorts laws the chance of that occurring is going to be pretty small.

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