Contractually Shortened Statutes of Limitations for Employee Claims | Practical Law

Contractually Shortened Statutes of Limitations for Employee Claims | Practical Law

This Practice Note describes best practices for employers when creating, implementing, and enforcing contract provisions shortening the statutes of limitations applicable to employment-based claims. It discusses the enforceability of agreements to shorten the limitations period, pitfalls to avoid when drafting agreements, and various factors courts consider when these provisions are challenged. This Note primarily addresses federal law applicable to private employers with a nonunionized workforce, but highlights issues addressed by state law.

Contractually Shortened Statutes of Limitations for Employee Claims

Practical Law Practice Note 3-601-6588 (Approx. 27 pages)

Contractually Shortened Statutes of Limitations for Employee Claims

by Marc E. Bernstein and Sara B. Tomezsko, Paul Hastings LLP, with Practical Law Labor & Employment
MaintainedUSA (National/Federal)
This Practice Note describes best practices for employers when creating, implementing, and enforcing contract provisions shortening the statutes of limitations applicable to employment-based claims. It discusses the enforceability of agreements to shorten the limitations period, pitfalls to avoid when drafting agreements, and various factors courts consider when these provisions are challenged. This Note primarily addresses federal law applicable to private employers with a nonunionized workforce, but highlights issues addressed by state law.