News & Analysis as of

Statute of Limitations Retaliation

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... more +
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 -
Littler

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

Littler on

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

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

Fisher Phillips

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

Fisher Phillips on

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

BakerHostetler

5th Circuit Upholds Six-Month Contractual Limitations Period for Section 1981 Discrimination and Retaliation Claims

BakerHostetler on

On February 1, the 5th Circuit slashed a $366,160,000 jury verdict against FedEx for employment retaliation claims under 42 U.S.C. § 1981 (Section 1981) and Title VII of the Civil Rights Act of 1964 (Title VII)....more

Cole Schotz

UPDATE: New York State Amendments Affecting Employee Anti-Discrimination Protections

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A SNAPSHOT OF WHAT YOU NEED TO KNOW- • New York Governor Kathy Hochul recently signed into law two bills impacting employment discrimination protections in the State. • The first bill prohibits liquidated damages and...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments - April 2023

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Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: Third...more

Venable LLP

The Continued Expansion of New York's Workplace Harassment Protection

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In March 2022, New York Governor Kathy Hochul signed three new bills into law that bolster New York State's anti-harassment and anti-discrimination laws. These three enacted laws address (i) release of employee personnel...more

Seyfarth Shaw LLP

New York To Enact Suite of Laws To Aid Victims of Sexual Harassment

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Seyfarth Synopsis: The New York legislature has passed or is close to passing a series of bills designed to protect public and private employees from sexual harassment and retaliation.  The bills include a ban on no-rehire...more

ArentFox Schiff

Investigations Newsletter: Sixth Circuit Rules That Statute of Limitations for FCA Retaliation Claims Is Triggered by Decision To...

ArentFox Schiff on

Sixth Circuit Rules That Statute of Limitations for FCA Retaliation Claims Is Triggered by Decision To Terminate, Not Notice of Termination - On Wednesday, January 12, 2022, the Sixth Circuit held in El-Khalil v. Oakwood...more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Be Watching in 2022

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The California Supreme Court has been busy in 2021 deciding cases that affect employers from how to pay meal and rest period penalties to when the statute of limitations for a failure to promote runs. While the state’s...more

Jaburg Wilk

Seven Important Considerations for Arizona Employees Who Blow the Whistle on Their Employer

Jaburg Wilk on

A whistleblower is a term used in employment law for any employee who raises concerns about unlawful conduct. Arizona has a comprehensive whistleblower law that protects whistleblowers. This law makes it unlawful for an...more

Proskauer - Whistleblower Defense

7th Circuit Affirms Denial of Equitable Tolling of Statute of Limitations Under SOX

On March 22, 2021, the Seventh Circuit affirmed a decision by the ARB dismissing a whistleblower retaliation complaint under SOX for failure to file within the 180-day statutory deadline.  Xanthopoulos v. U.S. Department of...more

Bradley Arant Boult Cummings LLP

False Claims Act 2020 Year in Review

This year saw substantial activity in FCA settlements and litigated court cases. Although no single case or development dominated the discourse this year, several important court decisions were issued, including two that may...more

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

Massachusetts Appeals Court Clarifies Issues Regarding Overtime Compensation Defenses

Employees who claim that their employers misclassified them as exempt from the overtime requirements of Massachusetts law frequently attempt to recover overtime pay for hours worked outside the statute of limitations...more

Roetzel & Andress

Major Changes Coming To Ohio's Employment Discrimination Statute

Roetzel & Andress on

On January 12, 2021, Ohio Governor Mike DeWine signed into law House Bill 352, which contains significant changes to Ohio Revised Code Chapter 4112, the home of Ohio’s Civil Rights Act inclusive of Ohio’s employment...more

Jackson Lewis P.C.

Governor Signs Legislation Extending Period To File A Discrimination Or Retaliation Complaint With California Division Of Labor...

Jackson Lewis P.C. on

On September 30, 2020, Governor Newsom signed Assembly Bill 1947, which extends the period to file a discrimination or retaliation complaint to one year with the California Division of Labor Standards Enforcement (“DLSE”) or...more

Proskauer - Whistleblower Defense

ARB Denies Equitable Tolling of 180-Day Statute of Limitations Under SOX

On June 29, 2020, the Administrative Review Board (“ARB”) upheld the dismissal of a whistleblower retaliation complaint under Section 806 of the Sarbanes-Oxley Act (“SOX”) for failure to file within the 180-day statutory...more

Holland & Knight LLP

New California Labor and Employment Laws for 2020

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In 2019, California enacted numerous labor and employment laws. Unless otherwise noted, each of the laws listed below is effective on Jan. 1, 2020. This Holland & Knight alert highlights selected and significant new laws, as...more

Payne & Fears

Key California Employment Law Cases: November 2019

Payne & Fears on

Carroll v. City & Cnty. of S.F., 41 Cal. App. 5th 805, 254 Cal. Rptr. 3d 519 (2019) - Summary:  Each alleged reduction of monthly disability retirement benefit payments for discriminatory reasons was continuing violation...more

Hinshaw & Culbertson LLP

The 12 Days of California Labor & Employment Series – Day 2: Longer Statute of Limitations for Harassment, Discrimination, and...

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2020. In the spirit of the season, we are using the "12 days of the...more

Orrick - Employment Law and Litigation

AB 9: A New 3 Year Statute of Limitations on FEHA Claims, What This Means for Employers and How To Prepare

Starting January 1, 2020, California employees will have three times as long to file charges alleging discrimination, harassment and retaliation. The new statute of limitations arises from AB 9, which increases the statute of...more

Proskauer - Law and the Workplace

[Podcast]: California's Legislative Response to the #MeToo Movement

In this episode of The Proskauer Brief, partners Tony Oncidi and Kate Gold discuss California’s most recent legislative response to the #MeToo movement.  These developments include new restrictions on confidentiality and...more

International Lawyers Network

Sexual Harassment In The Workplace: What US: Multi-State Companies Need To Know

SEXUAL HARASSMENT IN THE WORKPLACE: WHAT US: MULTI-STATE COMPANIES NEED TO KNOW - We include the 2018 chapter in its entirety for reference following the 2019 update. 2019 Update - In the wake the of the #MeToo...more

International Lawyers Network

Sexual Harassment In The Workplace: What US: Missouri Companies Need To Know

2019 Update - The #MeToo movement, which has grown international in scope, is a wide-ranging campaign to shed light on the occurrence of sexual assault and harassment, particularly in the workplace. The movement began in...more

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