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Article Index » flsa and wage & hour » flsa statute of limiations
Report Link Recent Ledbetter Act Developments: Employee's Unanswered Request for Raise and a Change in Pension Benefit Accrual Rate Rendered EEOC Charges Filed Years Later Timely.
Buchanan Ingersoll & Rooney PC - September 22, 2009
The Lily Ledbetter Fair Pay Act recently caused two courts to reverse themselves and allow employees to proceed with discrimination claims that the courts previously dismissed as untimely. The Ledbetter Act permits employees to file claims based on an earlier compensation decision if the decision adversely affects the employee within the applicable period for filing a charge with the EEOC. In these cases, the courts concluded an employer's failure to answer a request for a pay increase, and another employer's conversion of its defined benefit pension plan to a cash balance pension plan, each constituted allegedly discriminatory compensation decision that adversely impacted the employees' "wages, benefits or other compensation" each time the employee was paid, thereby rending the employee's respective EEOC charges timely.
Report Link Company’s Assurance Extends Time for Filing Suit.
Fisher & Phillips, LLP - July 25, 2007
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.

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