News & Analysis as of

Employer Liability Issues Limitation Periods

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

European Court of Justice Finds That There Is Not an Automatic Start of the Limitation Periods for Paid Annual Leave Days

Paid annual leave days in Germany have been the subject of several recent decisions by the European Court of Justice (ECJ), with the Luxembourg-based judges regularly opposing previous case law of the Federal Labor Court...more

Akin Gump Strauss Hauer & Feld LLP

California Trial Courts Continue To Interpret Johnson v. Maxim Healthcare Narrowly When Applying PAGA’s One-Year Statute of...

Last year, the California Court of Appeal raised eyebrows by ruling that a plaintiff could pursue a Private Attorneys General Act (PAGA) claim for alleged violations of Labor Code Section 432.5, even though the statute of...more

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

Pennsylvania Court Holds Medical Marijuana Act Allows Employees to Sue for Discrimination

On August 5, 2021, the Superior Court of Pennsylvania held for the first time that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to sue his or her employer for taking an adverse employment action based on the...more

Bradley Arant Boult Cummings LLP

DOL Clarifies One-Year Limitation on COVID-19 Deadline Extensions — New Notices May Be Required

In EBSA Disaster Relief Notice 2021-01, the Department of Labor (DOL) has issued a critical interpretation of prior guidance that extended certain deadlines for employee benefit plans, participants, and beneficiaries due to...more

Parker Poe Adams & Bernstein LLP

Employers Cannot Shorten Time Period for Filing Suit Under Title VII

Title VII of the Civil Rights Act of 1964 provides specific time limitations for filing EEOC charges and subsequent lawsuits. What happens, however, if the employer and employee agree to shorten the period of time under which...more

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

German Federal Labor Court Rules Limitation Periods in Employment Contracts That Do Not Explicitly Exclude the Minimum Wage Are...

The questions of whether limitation periods in employment contracts must expressly exclude claims to the statutory minimum wage and whether limitation/forfeiture clauses in employment contracts without such an exception are...more

Bracewell LLP

Too Late, Even If Not Too Little: Joining a National Trend, New Jersey Puts the Brakes on Driver’s Claims as Untimely based on...

Bracewell LLP on

When does two years become six months? When a signed employment application says it does.1 Last month, New Jersey recognized the express lane permitting employers and employees to set their own limitations periods,...more

Foley & Lardner LLP

Supreme Court Allows Employers to Limit Time Periods for Bringing Employee Benefit Plan Suits

Foley & Lardner LLP on

In a recently-issued decision, the U.S. Supreme Court unanimously held that employee benefit plans may include a contractual limitations period for filing suit under ERISA §502(a)(1)(B) so long as that period is not...more

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

Sixth Circuit Prohibits Employers From Contractually Shortening the Limitations Period for FLSA Claims

The Sixth Circuit Court of Appeals recently issued a decision in Boaz v. FedEx Customer Information Services, Inc., rejecting an employer’s defense to a claim made for unpaid overtime on the basis of a provision in an...more

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