News & Analysis as of September 20, 2024

Statute of Limitations › Employment Contract

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

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

Schwabe, Williamson & Wyatt PC on 7/10/2024

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

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

Littler on 5/14/2024

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

Am I Entitled to a Bonus? - McGlinchey Commercial Law Bulletin - February 16, 2024

McGlinchey Stafford on 2/19/2024

Ohio- Enforceability of Arbitration Agreement- Bryan Costin v. Midwest Vision Partners LLC., 8th Dist. Cuyahoga No. 112651, 2024-Ohio-463. The Eighth District Court of Appeals recently affirmed the trial court’s ruling...more

Employee Benefits and Rights in Puerto Rico: What to Know Now That Law 41-2022 Has Been Declared Null and Void

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/10/2023

On March 3, 2023, the U.S. District Court for the District of Puerto Rico issued a decision declaring Law 41-2022 null and void, effectively reinstating the prior state of many of Puerto Rico’s employment statutory...more

An Agreement to Shorten the Statute of Limitations on Employment Claims is Enforceable but Employers Must Prove an Agreement

Bodman on 1/25/2023

In Michigan, it is well-established that the statute of limitations for claims of discrimination, harassment and most other employment-based claims may be shortened by the agreement of the employer and the employee. This...more

10 Takeaways as New Jersey Set to Drastically Limit Non-Competes and Other Restrictive Covenants

Fisher Phillips on 6/1/2022

The New Jersey legislature is currently considering legislation that would add the state to the growing list of jurisdictions that have significantly limited the scope and enforceability of non-competition agreements and...more

State Attorneys General Newsletter – October 2021

Orrick, Herrington & Sutcliffe LLP on 10/18/2021

New York Attorney General Enters into Settlement Prohibiting “No-Poach” Pacts in Title Insurance Industry - New York Attorney General Letitia James recently entered into a settlement agreement with a national insurance...more

PAGA Claim Survives—Even Where Employee’s Claim Time-Barred

Manatt, Phelps & Phillips, LLP on 8/27/2021

An employee can pursue a Private Attorneys General Act (PAGA) claim despite the fact that her individual claim against the employer is time-barred, a California appellate panel recently determined. Maxim Healthcare Services...more

California Court of Appeal Reaches Perplexing Conclusion That Even Employees Whose Claims Are Time-Barred Can Still Bring PAGA...

Epstein Becker & Green on 7/26/2021

In a decision that seems like to be reviewed by the California Supreme Court or rejected by other California Courts of Appeal, one of California’s appellate courts has issued a perplexing decision holding that even employees...more

PAGA Strikes Again: The Statute of Limitations Does Not Apply to Representative Plaintiff

Haight Brown & Bonesteel LLP on 7/26/2021

In Johnson v. Maxim Healthcare Services, Inc. (“Johnson”), the California Court of Appeal, Fourth District, Division One (San Diego) held that an employee, whose individual claim is time-barred, may still pursue a...more

Federal Appeals Court Strikes Down Contractual Time Limits On Bringing Age And Disability Discrimination Claims

Fisher Phillips on 1/22/2021

The 6th Circuit Court of Appeals recently held that employers cannot contractually shorten the statute of limitations for filing suit under the Americans with Disabilities Act (ADA) or the Age Discrimination in Employment Act...more

Impact of the Coronavirus outbreak on Employment Relationship

Hogan Lovells on 2/18/2020

On January 31, 2020, the World Health Organization has announced the outbreak of novel coronavirus (2019-nCov), sourced from Wuhan, as a Public Health Emergency of Concern. To minimize the personnel mobility and to curb the...more

Mark Your Calendars, New York Employers: A Look at the 2020 Effective Dates for Employment-Related Legislation

Kramer Levin Naftalis & Frankel LLP on 1/15/2020

2019 brought a number of important changes in the law that warrant the attention of New York employers. Start off the new year right and ensure your calendars are up to date by including the 2020 effective dates of these New...more

A New Decade Begins! Ensure Your Business Is Up to Speed on California’s New Employer Requirements

Buchalter on 1/8/2020

The close of the decade ended with a flurry of activity on the labor and employment front, creating a number of significant new obligations for employers. As 2020 opens, it is important to ensure that employers of all sizes...more

2020 California Employment Law Roundup

Vedder Price on 12/30/2019

As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

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

FordHarrison on 12/18/2019

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

“No more arbitration for you!”: The California #MeToo Affect Continues

Lewitt Hackman on 10/16/2019

California Governor Gavin Newsom signed groundbreaking legislation largely impacting mandatory arbitration agreements (Assembly Bill 51) and extending the deadline to file a harassment complaint from one to three years...more

California Enacts a Raft of New Employment Laws

Proskauer - California Employment Law on 10/14/2019

On Thursday, October 10, 2019, California Gov. Gavin Newsom signed into law several new measures that employers will need to comply with by January 1, 2020 and that will generally make it easier for employees to sue their...more

Sixth Circuit says employers can’t shorten time for filing Title VII claims

Bricker Graydon LLP on 10/2/2019

In Logan v. MGM Grand Detroit Casino, released September 25, 2019, the United States Court of Appeals for the Sixth Circuit, which hears appeals from the federal district courts of Ohio, Michigan, Kentucky and Tennessee, held...more

A Sweeping Overhaul: An Employer’s Guide to the Latest Expansion of New York State’s Discrimination Laws

ArentFox Schiff on 8/14/2019

After enacting progressive sexual harassment laws just last year, New York State (NYS) lawmakers have once again strengthened employee protections in the workplace. Governor Cuomo signed Assembly Bill No. 8421 into law on...more

New York Governor Cuomo Signs Sweeping Reforms to Anti-Harassment Laws

Polsinelli on 8/14/2019

On August 12, 2019, New York Governor Andrew Cuomo signed a law which strengthens further the state’s Human Rights Law (NYSHRL). The new legislation further amends anti-harassment laws enacted in 2018, discussed here,...more

Oregon Enacts Sweeping #MeToo Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/9/2019

On June 11, 2019, Governor Kate Brown signed into law the Oregon Workplace Fairness Act (SB 726), which will significantly impact all Oregon employers. The Act addresses concerns of the #MeToo movement by imposing strict...more

New Oregon Workplace Fairness Act Brings Sweeping Changes for Employers

Davis Wright Tremaine LLP on 6/17/2019

One of the most highly anticipated new Oregon laws for employers was signed into law on June 11, 2019, and will go into effect in the fall of 2019. It brings sweeping changes for all companies with Oregon employees. ...more

Key Legislation Emerging from Maryland and Local Ordinances to Remember

Littler on 5/29/2019

In Maryland this year, spring brings warm weather and new employment laws. The General Assembly passed, and Governor Larry Hogan signed, several new laws regulating the workplace. ...more

Is It “Time’s Up” For Arbitrating Employment Matters In New York?

Dechert LLP on 5/16/2018

In the wake of a strong public reaction to the “Time’s Up” and “#MeToo” movements, states across the country are enacting legislation aimed at expanding and bolstering sexual harassment and discrimination protections in the...more

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Statute of Limitations › Employment Contract

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