News & Analysis as of

Employer Liability Issues Statute of Limitations

Littler

Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes,...

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Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more

BCLP

Unlawful Deductions Claims and Tricky Time Limits

BCLP on

This week we consider a new EAT decision that emphasises the difficulties of making assumptions about tribunal time limits, particularly the date from when time starts to run....more

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

New Louisiana Laws on Tort Actions, Meal Breaks, Arbitration Agreements, and Nondisclosure Agreements Take Effect in July and...

Four new and notable laws affecting Louisiana employers are taking effect in summer 2024, including an expanded statute of limitations for employment torts, meal breaks for minors, a ban on predispute arbitration agreements...more

Bradley Arant Boult Cummings LLP

What Does the End of Chevron Deference Really Mean for Employers?

This month, the Supreme Court put an end to “Chevron deference,” the decades-long practice of judicial deference to federal agency interpretations of ambiguous statutory language. What does this mean for employers? Well,...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Schwabe, Williamson & Wyatt PC

Supreme Court Opinions Overturn Chevron and Modify the Statute of Limitations Allowed by Lower Courts

On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more

Seyfarth Shaw LLP

PAGA Paraphrased – AB 2288 and SB 92

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AB 2288 and SB 92 collectively amount to the most substantive changes ever to be seen to PAGA. The changes include numerous pro-employer provisions which seek to address longstanding concerns such as standing, penalties, and...more

Seyfarth Shaw LLP

PAGA Reform: AB 2288 and SB 92 Introduced

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Seyfarth Synopsis: PAGA reform has officially been introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history. The bills have...more

Fisher Phillips

Time’s Up: New Kentucky Law Reduces Time Employees Have to Bring Discrimination and Wage Lawsuits

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The Kentucky Legislature recently delivered good news to employers when it passed a new law reducing the time employees have to bring certain claims under state law, including discrimination, retaliation, wrongful discharge,...more

Littler

New Jersey Court Clarifies Application of 2019 Wage and Hour Law Amendments

Littler on

On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019...more

Saiber LLC

New Jersey Supreme Court Finds 2019 Amendments to the Wage Payment Law and Wage and Hour Law are Not Retroactive

Saiber LLC on

In a recent unanimous decision by the New Jersey Supreme Court in Christopher Maia v. IEW Construction Group, the seven-judge panel reversed the prior judgment of the Appellate Division and held that the August 6, 2019,...more

Ballard Spahr LLP

New Jersey “Wage Theft”  Amendments Apply Only Prospectively

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In a unanimous decision, on May 15, 2024, the New Jersey Supreme Court held that the state’s amendments (Chapter 212) to the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) apply prospectively, and therefore plaintiffs...more

Littler

New York City Bans Contractual Provisions Shortening Period of Time to File Complaints or Civil Actions Relating to...

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Effective May 11, 2024, New York City now prohibits employers from entering into any type of agreement that shortens the statutory period by which an employee may file an administrative claim or complaint, or civil action,...more

Falcon Rappaport & Berkman LLP

Navigating the Challenges of California’s PAGA Law: Insights for Employers

California’s Private Attorneys’ General Act, or PAGA, just celebrated its 20th birthday despite repeated, failed attempts at its repeal. California’s Labor Code is among the strictest in the nation and California law affords...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

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

New York Expands Restrictions on Nondisclosure Agreements Related to Discrimination, Harassment, and Retaliation Claims

New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations...more

Bond Schoeneck & King PLLC

New York Extends Statute of Limitations for Filing Claims of Unlawful Discrimination with the Division of Human Rights

November 27, 2023 By: Gianelle M. Duby On Nov. 17, 2023, Gov. Kathy Hochul signed Senate Bill S.3255, which amends Section 297 of the New York Executive Law by extending the statute of limitations for filing complaints of...more

Sherman & Howard L.L.C.

Split Appellate Decision on State Wage Statute of Limitations Extends Confusion on Scope of Liability

Sherman & Howard L.L.C. on

Colorado employers may, once again, have to look waaaayyy back in time when facing claims for minimum wage violations after a recent Court of Appeals decision blessed a six-year statute of limitations for these claims....more

Chartwell Law

The Chartwell Chronicles: New Jersey Workers’ Comp Alert

Chartwell Law on

In Episode 18 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss recent New Jersey workers' compensation happenings. Topics of discussion include physician fee increases, discontinuances, statutes of...more

Littler

Colorado Amends Equal Pay Transparency Posting Requirements, Extends Statute of Limitations for Wage Discrimination Claims to Six...

Littler on

On June 5, 2023, Governor Polis Signed SB 23-105 into law, which will significantly change employers’ job posting and promotional notice obligations in Colorado. The law amends Colorado’s pay transparency statute, which has...more

Dickinson Wright

Sixth Circuit Announces Stricter Standard for Sending Notice in FLSA Collective Actions

Dickinson Wright on

A recent court opinion from the Sixth Circuit Court of Appeals clarified an important point of law concerning the Fair Labor Standards Act (“FLSA”), specifically what “showing … is necessary for a district court to facilitate...more

Fisher Phillips

Florida’s Tort Reform Will Have an Impact on Employment Litigation – 5 Takeaways for Employers

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Florida Governor Ron DeSantis and state lawmakers recently enacted significant tort reforms designed to restrict plaintiffs pursuing negligence claims – but which could give an unexpected boost to those pursuing costly...more

Shook, Hardy & Bacon L.L.P.

BIPA After Tims and White Castle: Now What?

As you likely heard, in two recent rulings, the Illinois Supreme Court finally addressed important statute-of-limitations issues. In Tims v. Black Horse Carriers, the Supreme Court ruled that a five-year statute of...more

Husch Blackwell LLP

Massive Changes to Illinois BIPA Cases—Claims Now Accrue Per Scan Going Back As Far As Five Years

Husch Blackwell LLP on

On February 2, 2023, the Illinois Supreme Court ruled in Tims et al. v. Black Horse Carriers, Inc. that all cases filed pursuant to the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of...more

ArentFox Schiff

Illinois Supreme Court Holds That Every Unlawful Biometric Scan or Transmission is Separate BIPA Claim

ArentFox Schiff on

A split Illinois Supreme Court issued on Friday another long-awaited decision interpreting the Illinois Biometric Information Privacy Act (BIPA), holding that a separate BIPA violation occurs with each undisclosed and...more

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