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Statute of Limitations › Fair Labor Standards Act (FLSA) › Appellate Courts

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

Seventh Circuit Adopts More Flexible Standard for Issuing Notice in Collective Actions

Littler on

In a significant shift from longstanding precedent, the U.S. Court of Appeals for the Seventh rejected the widely used two-step “Lusardi” framework for issuing notice in collective actions under Section 216(b) of the Fair...more

Fox Rothschild LLP

Second Circuit Takes Hard Line On FLSA Willfulness Standard: Defense Practitioners Given A New Weapon!

Fox Rothschild LLP on

Every time a plaintiff files a FLSA lawsuit, they seek a third year, one longer than the usual two year statute of limitations, claiming that the violations were “willful.” It has become a matter of course and defendant...more

Jackson Lewis P.C.

FLSA’s Extended Limitations Period Requires Plausible Factual Pleadings, Second Circuit Holds

Jackson Lewis P.C. on

Because the plaintiff failed to allege any facts supporting his claim that his former employer acted willfully in failing to pay him overtime, he was not entitled to the FLSA’s extended, three-year statute of limitations....more

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