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Statute of Limitations › Fair Labor Standards Act (FLSA) › Employer Liability Issues

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 -
FordHarrison

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

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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

Schwabe, Williamson & Wyatt PC

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

Schwabe, Williamson & Wyatt PC on

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

Dickinson Wright

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

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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

Constangy, Brooks, Smith & Prophete, LLP

Virginia Is For Lovers . . . Of Overtime Litigation

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The Virginia Department of Labor and Industry recently released a set of Frequently Asked Questions to help clarify the Virginia Overtime Wage Act, which was signed into law by Gov. Ralph Northam (D) on March 31. The Overtime...more

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

Virginia Overtime Wage Act: How Employers Can Prepare for the July 1 Effective Date

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

The Virginia Overtime Wage Act (VOWA), Va. Code § 40.1-29.2, becomes effective July 1, 2021, and will significantly alter employers’ wage and hour obligations in Virginia. At first glance, the VOWA appears to track federal...more

Seyfarth Shaw LLP

Second Circuit: Mere Allegation Of Willfulness Not Enough To Invoke Three-Year Statute Of Limitations

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Seyfarth Synopsis: In Whiteside v. Hover-Davis, Inc., the Second Circuit upheld the dismissal of an FLSA claim because the plaintiff failed to allege facts sufficient to invoke the three-year limitations period for willful...more

Fisher Phillips

2nd Circuit Rules Plaintiffs Must Plausibly Allege A Willful Violation To Benefit From Extended Statute Of Limitations In Wage...

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The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period...more

Bond Schoeneck & King PLLC

Dismissing Non-Willful Claims Under the FLSA – the Second Circuit Rules on an Issue of First Impression

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Everybody knows that the statute of limitations for claims under the Fair Labor Standards Act (FLSA) is two years, unless the claim is for a willful FLSA violation, in which case the statute of limitations is three years....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

Not Keeping Employment Records Can Place Arizona Employers at Risk

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How long should Arizona employers keep employment records? The short answer is - it depends. Most Arizona and federal employment law claims have a fairly short statute of limitations. Under Title VII, employees must file a...more

Proskauer - California Employment Law

California Employment Law Notes - March 2019

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Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

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

Colorado Supreme Court Attempts to Clarify Statute of Limitations Applicable to State Law Wage Claims

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

On March 5, 2018, the Colorado Supreme Court addressed a longstanding question regarding the statute of limitations applicable to claims brought under the Colorado Wage Claim Act (CWCA) by holding the Act’s statute of...more

Husch Blackwell LLP

Colorado Supreme Court Enforces Statute Of Limitation On Wage Claims

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The Colorado Supreme Court has confirmed what most employers had long assumed about the statute of limitation in the Colorado Wage Claim Act: Employees may seek unpaid wages going back two or three years, but no further. The...more

Brownstein Hyatt Farber Schreck

Colorado Supreme Court Clarifies Only Two- or Three-Year Statute of Limitations Applies to Colorado Wage Claim Act Claims

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Most On March 5, 2018, the Colorado Supreme Court issued a key ruling establishing that a terminated employee seeking to recover unpaid wages under the Colorado Wage Claim Act (“CWCA”) may pursue only those claims still...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Cohen Seglias Pallas Greenhall & Furman PC

Construction In Brief: 2017 Volume 4

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The Buy American Act: Are You Compliant? - The federal government has a long-standing pref­erence for incorporating domestic materials and products into public construction projects. While a number of statutes and...more

Jackson Lewis P.C.

General Awareness Is Not Enough For Willfulness Under The FLSA

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A recent decision from the Third Circuit Court of Appeals involving the nature of the evidence sufficient to create a jury question on willfulness has carved out additional guidance for employers defending against Fair Labor...more

McNees Wallace & Nurick LLC

Third Circuit Clarifies What Constitutes a Willful Violation of the FLSA

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The federal Fair Labor Standards Act (FLSA) establishes requirements for minimum wages and overtime pay. The FLSA’s requirements can be complex, and employers can face significant liability for unpaid wages and liquidated...more

McNees Wallace & Nurick LLC

Third Circuit Clarifies What Constitutes a Willful Violation of the FLSA

McNees Wallace & Nurick LLC on

The federal Fair Labor Standards Act (FLSA) establishes requirements for minimum wages and overtime pay. The FLSA’s requirements can be complex, and employers can face significant liability for unpaid wages and liquidated...more

Fisher Phillips

The Long And Winding Road: Wage And Hour Class Actions Now Viable In Kentucky

Fisher Phillips on

The Kentucky Supreme Court ruled today that wage and hour class actions for unpaid wages may be maintained in the state, the first-ever time such lawsuits have been ruled viable. The court’s decision concludes more than a...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Employment Flash - August 2016"

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The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more

Hinshaw & Culbertson LLP

Employment Practices Newsletter - June 2016

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EEOC Issues Final Regulations on Wellness Programs - It seems to be a win-win when employers who provide employees with incentives to encourage healthy behavior. But employers that do so must contend with an alphabet...more

Ward and Smith, P.A.

The Fair Labor Standards Act Statute of Limitations Limits Employer Liability: Except When It Doesn't

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About a year ago, the United States Court of Appeals for the Fourth Circuit held in Cruz v. Maypa, 773 F.3d 138 (4th Cir. 2014), a decision that has received little attention, that an employer covered by the Fair Labor...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

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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

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