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Sixth Circuit Rejects Contract That Shortens Statute of Limitations for Wage Claims

Twice in the last three years, the 6th Circuit has signed off on contracts between an employer and employee that shortened the time for an employee to bring a discrimination claim ( here and here ). Last week, however, that same court reversed course and refused to recognize a contractual clause that...

Supreme Court Hears Arguments on Limitations Period in ERISA Benefits Denial Case

WASHINGTON, D.C. — (Mealey’s) A beneficiary’s claim for wrongful denial of disability benefits under the Employee Retirement Income Security Act does not accrue for limitations purposes until the plan’s internal benefits resolution process has been exhausted, notwithstanding a...

Keep Your Insensitive FMLA Comments to Yourself. You Too, HR.

I’ve heard the Family and Medical Leave Act referred to as the “Friday/Monday Leave Act.” Heck, I called it the Friday/Monday Leave Act last week. Turns out, I need to watch what I say. A “get out of jail free card.” In Deka v. Countrywide Association For People with...