News & Analysis as of

Employee Rights Statute of Limitations

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
CDF Labor Law LLP

Employment Law Bills Await Governor Newsom’s Signature Or Veto

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It is that time of year again, when California Governor Gavin Newsom considers a number of bills that need to be signed by September 30, 2024, in order to take effect. Several of those bills would impact California employers,...more

Genova Burns LLC

Stepping In Where Unions Have Failed, NYC Council Imposes Just Cause Standard On Non-Union Employers

Genova Burns LLC on

As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge,...more

Littler

Bill Proposes Sweeping Expansion of Colorado Anti-Discrimination Statute

Littler on

The Colorado Legislature has formally introduced Senate Bill 21-176, the Protecting Opportunities and Workers’ Rights (POWR) Act, which would impose sweeping changes to Colorado’s anti-discrimination law....more

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

Sixth Circuit Extends Ban of Contractually Shortened Limitations Periods to ADA and ADEA Claims

The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with...more

Littler

Finally! Ohio Restores its Employment Discrimination Statute

Littler on

After over 25 years of proposals and negotiations among key stakeholders—including Ohio employers and their supporting associations, the Ohio plaintiffs’ employment law bar, and various employee-rights advocates—on December...more

Jaburg Wilk

Olson v. U.S. 9th Circuit Applies FLSA Definition of Willfulness to FMLA Case.

Jaburg Wilk on

In Olson v. U.S., the Ninth Circuit upheld a district court’s ruling that found an employer’s failure to alert an employee of her FMLA rights was not willful. Let’s talk about the case and what it means for employers. ...more

Jaburg Wilk

What Arizona Teachers, Professors, and School Employees Need to Know if They Feel Unsafe Returning to In-person Class Instruction...

Jaburg Wilk on

Many employees of schools and universities are fearful about returning to work due to concerns about contracting COVID-19. There are many state and federal laws that offer protections to these employees....more

Jaburg Wilk

Everything Employers and Employees Need to Know When an Employee Feels Unsafe Returning to Work Due to COVID

Jaburg Wilk on

Many employees are concerned about returning to work due to COVID-19. Employers need to be prepared for their employee’s requests. They will want to treat their employees fairly and also minimize their liability. There are...more

Littler

Legislative Highlights for Oregon Employers in 2020

Littler on

Oregon’s active 2019 legislative session has prompted the need for several policy and handbook updates for employers doing business in Oregon.  This Insight provides an overview of the most notable recent employment law...more

FordHarrison

2019 Recap: New York Leads the Nation in Expanding Work Harassment Protections

FordHarrison on

New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more

Vedder Price

New York State’s Updates on Sexual Harassment Prevention and Anti-Discrimination Laws

Vedder Price on

In recent months, the New York State legislature has enacted amendments to the New York State Human Rights Law (“NYSHRL”) and other laws aimed at expanding protections against discrimination and harassment. The laws emphasize...more

Sheppard Mullin Richter & Hampton LLP

2020 Vision: California’s New Employment Laws

To close out the 2019 legislative season, Governor Gavin Newsom signed dozens of bills into law, which will have lasting impacts for California employers. In addition to the summaries and clarifications from prior blog posts,...more

Robinson+Cole Manufacturing Law Blog

Manufacturing a Summer (Employment) Potpourri

As predicted here, the Trump Administration launched a series of not-so-surprising raids to arrest undocumented workers.  As of this writing, there has not been a noticeable increase in the prosecution of employers who employ...more

Fisher Phillips

New York Lawmakers Pass Game-Changing Reforms to State Discrimination Laws

Fisher Phillips on

Still grappling with the expansive sexual harassment reforms passed last year, New York businesses and employers will soon need to manage through yet another expansive suite of amendments that will continue the state’s...more

Proskauer - California Employment Law

California Employment Law Notes - July 2018

Supreme Court Bars Mandatory Union Dues For Public Employees - Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) - In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

FordHarrison

New Jersey Employers Cannot Reduce Employees' Time To File Discrimination Claims From Two Year Statute Of Limitations, Rules...

FordHarrison on

The New Jersey Supreme Court has held that employment agreements shortening the time in which an employee may file a discrimination claim against his or her employer under the New Jersey Law Against Discrimination (LAD) are...more

PilieroMazza PLLC

PilieroMazza Legal Advisor - Fourth Quarter 2015

PilieroMazza PLLC on

More Small Business Subcontracting Plan Changes: SBA Proposes to Allow Subcontracting Plan Credit for Small Business Subcontractors at any Tier - Following recent proposed changes to the FAR’s small business...more

Proskauer - Law and the Workplace

Seventh Circuit Holds That FMLA Limitations Period Begins To Run At Time Of Each Leave Denial

On October 20, the Seventh Circuit held, in Barrett v. Illinois Department of Corrections, that a former state employee’s Family and Medical Leave Act (“FMLA”) denial of leave claim was untimely because suit was not filed...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Obermayer Rebmann Maxwell & Hippel LLP

New Jersey Court Upholds Use of Job Application to Shorten Statute of Limitations for Employment Claims

According to a recent decision from New Jersey’s intermediate appellate court, employers in New Jersey can now reduce the statute of limitations for employment claims by adding the appropriate language to their job...more

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

Federal Judge Approves Contractual Limitation On Time To Bring Employment Claims Under Oregon Law

A federal court in Oregon recently ruled that employment agreements may impose a reasonable limitation on the time period in which an employee may bring statutory and common law claims against his or her employer, even when...more

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