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Total Articles: 2

Sixth Circuit Prohibits Employers From Contractually Shortening the Limitations Period for FLSA Claims

The Sixth Circuit Court of Appeals recently issued a decision in Boaz v. FedEx Customer Information Services, Inc., rejecting an employer’s defense to a claim made for unpaid overtime on the basis of a provision in an employment agreement. The court held that a provision in the agreement to shorten the statute of limitations for bringing an employment lawsuit to six months could not be used to waive the employee’s rights under to the Fair Labor Standards Act (FLSA).

Company’s Assurance Extends Time for Filing Suit.

Could telling an employee that you will investigate his pay claim and compensate him for unpaid hours worked extend the limitations period or time for filing a lawsuit? According to a recent decision in the Northern District of Illinois the answer is yes, particularly where the employer does not subsequently advise the employee that it has no intention of paying him.