News & Analysis as of August 9, 2025

Employment Litigation

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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 -

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.

Dickinson Wright on 7/14/2025

Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Maine’s Highest Court Narrows Scope of Continuing Violation Doctrine in Discrimination Claims

Fisher Phillips on 7/10/2025

The Maine Supreme Judicial Court just handed employers a win by narrowing the application of the “continuing violation” doctrine in discrimination claims under the state’s primary anti-bias law. This doctrine permits...more

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

Seyfarth Shaw LLP on 5/30/2025

The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more

California Court of Appeal Rejects "Headless" PAGA Claims in Williams v. Alacrity Solutions Group

Ervin Cohen & Jessup LLP on 5/21/2025

In a significant development for California employers, the Court of Appeal in Williams v. Alacrity Solutions Group, LLC recently affirmed the dismissal of a Private Attorneys General Act (“PAGA”) claim brought solely on...more

District Court Holds Withdrawal Liability Claim Not Barred by Employer’s Dissolution

Proskauer - Employee Benefits & Executive... on 4/23/2025

In Central States, Southeast & Southwest Areas Pension Fund v. Sheets Enterprise, No. 24 cv 2277 (N.D. Ill.), a district court held that an employer could not avoid being held liable for withdrawal liability simply because it...more

Virginia Legislature Poised to Significantly Increase Employer Exposure for Wage and Discrimination Claims

FordHarrison on 1/31/2025

The Virginia General Assembly is currently considering new legislation with substantial impact on Virginia businesses. Two of these new bills are House Bill 2561 and Senate Bill 1052....more

UK Government Seeks to Extend Tribunal Claim Limitation Periods from 3 to 6 Months

Littler on 12/18/2024

The Employment Rights Bill, published on October 10, 2024, has been making its way through Parliament and is currently going through the Commons Committee Stage, where a detailed examination of its provisions has been taking...more

All the New California Workplace Laws You Need to Know About For 2025

Fisher Phillips on 10/2/2024

Now that the California legislative session is essentially over and Governor Newsom has taken action to either approve or veto all the workplace law bills on his desk, employers can take stock on all the new laws that will...more

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

Fisher Phillips on 7/18/2024

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

PAGA Paraphrased – AB 2288 and SB 92

Seyfarth Shaw LLP on 6/25/2024

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

PAGA Reform: AB 2288 and SB 92 Introduced

Seyfarth Shaw LLP on 6/24/2024

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

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

Fisher Phillips on 6/12/2024

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

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

Falcon Rappaport & Berkman LLP on 2/5/2024

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

Year In Review: 2023 BIPA Litigation Takeaways

WilmerHale on 2/1/2024

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

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

Dickinson Wright on 6/5/2023

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

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

Fisher Phillips on 4/11/2023

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

Verjährung von Ansprüchen auf Urlaubsabgeltung

McDermott Will & Schulte on 2/2/2023

Bundesarbeitsgericht (BAG) konkretisiert Rechtsprechung - Gemäß § 7 Abs. 4 BUrlG ist Urlaub abzugelten, wenn er wegen Beendigung des Arbeitsverhältnisses ganz oder teilweise nicht mehr gewährt werden kann. Nachdem das BAG...more

Time Is of the Essence: Hidden Time Limits in Statutory Requirements

Hudson Cook, LLP on 1/31/2023

If a law requires you to do something, it's a good idea to assume that you don't have an unlimited amount of time to do it—after all, an obligation without a time limit isn't really an obligation. A well-written law will...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

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Statute of Limitations › Employer Liability Issues › Employment Litigation

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.

Maine’s Highest Court Narrows Scope of Continuing Violation Doctrine in Discrimination Claims

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

California Court of Appeal Rejects "Headless" PAGA Claims in Williams v. Alacrity Solutions Group

District Court Holds Withdrawal Liability Claim Not Barred by Employer’s Dissolution

Virginia Legislature Poised to Significantly Increase Employer Exposure for Wage and Discrimination Claims

UK Government Seeks to Extend Tribunal Claim Limitation Periods from 3 to 6 Months

All the New California Workplace Laws You Need to Know About For 2025

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

PAGA Paraphrased – AB 2288 and SB 92

PAGA Reform: AB 2288 and SB 92 Introduced

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

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

Year In Review: 2023 BIPA Litigation Takeaways

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

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

Verjährung von Ansprüchen auf Urlaubsabgeltung

Time Is of the Essence: Hidden Time Limits in Statutory Requirements

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

Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision

Reforms to Puerto Rican Labor Law Reinstate Employee-Friendly Measures

Employers Will Likely Face New Litigation Challenges As New York Passes ‘Adult Survivors Act’

California Court of Appeal Applies ‘Relation Back’ Doctrine to Substitute PAGA Plaintiff’s Claims Deadline

Time Out: British Columbia Arbitrator Dismisses Untimely Grievance

Illinois Appellate Court Specifies BIPA Accrual of Statute of Limitations

Statute of Limitations › Employer Liability Issues › Employment Litigation

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