International News
U.S.: EACH EMPLOYMENT LAW HAS ITS OWN TIME LIMIT REQUIREMENTS ON CLAIMS ARISING FROM VIOLATIONS!
Karma Management has now become Karma Global which was incorporated in the year 2004, having now completed almost 18 years of its existence.
As late as April 2021, Karma Management took a very bold step of venturing into foreign shores in terms of shoving up its business prospects in countries like the US, UK, UAE, Canada, Philippines, and South East Asia.
It has already made its mark in terms of providing excellent services in the areas of payroll, outsourcing, recruitment, and talent acquisition, facility management services, and regulatory compliances including immigration, negotiations, and employment contracts in these foreign countries as well.
In fact, the CVO and MD, Pratik Vaidya of Karma Global were selected by SME Forum last year to lead a Select US Summit where he took along a delegation of hundreds of SME Members for business discussions with the authorities in the States as well as with the entrepreneurs and Innovators of many countries who were present in this forum.
Soon thereafter, Pratik Vaidya, CVO & MD of Karma Global went on a Europe tour, participating along with Advantage Austria and brainstorming on the ecosystem of Start-ups in Salzburg, Austria
Karma Global thus entails the compliance of international clients in keeping with the global scenario, thereby undertaking a noteworthy mission of guiding clients through a spider’s web of legislation so that clients are able to stay on the right side of the ever-changing laws especially so, it keeps an update on what is happening around the world as far as people, wages, work, benefits, employment contracts, negotiation, and unions are concerned.
Karma Global’s decades of experience in making sure that clients are compliant with all types of changing legislation offers unique support to mitigate risk and grasp technological solutions with a combination of expertise.
Understanding the Statute of Limitations for Employment Law Claims in New York
Statute of limitations is a set time limit during which you can file a claim.
A wrongful termination claim is fairly straightforward—the statute of limitations begins on the day you are notified of your termination. However, in a sexual harassment case, the time limit starts on the day the harassment started, or maybe on the day you first reported it. In the sexual harassment cases specifically, the statute of limitations begins on the date of the last act of harassment. Other statutes of limitations that may be relevant to your New York employment law case include:
- Title VII of the Civil Rights Act: 300 days
- Age Discrimination in Employment Act: 300 days
- New York whistle-blower law: 1 year
- Retaliation claims under wage and hour law: 2 years
- Family & Medical Leave Act (FMLA): 2 or 3 years
- Fair Labor Standards Act (FLSA): 2 or 3 years
- New York State Human Rights Law: 3 years
- New York City Human Rights Law: 3 years
- Overtime/minimum wage claims: 6 years
- Breach of employment contract: 6 years
STATUTES OF LIMITATION – THE CLOCK IS ALWAYS TICKING ?
Time does not stop for anyone. there are time limits for filing claims against your employer.
In fact, state and federal claims have different deadlines for different types of claims. When pursuing a claim against your employer, it is important to note the statute of limitations for the claim you intend to pursue.
Discrimination, Harassment, Sexual Harassment, Hostile Work Environment, and Retaliation.
Claims of discrimination, harassment, sexual harassment, hostile work environment, or retaliation under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act of 1990, must first be filed with the United State Equal Employment Opportunity Commission (“EEOC”). A complaint with the EEOC must be filed within 300 days of the adverse employment action. An adverse action can range from a write-up to termination. If you do not file a charge of discrimination or retaliation with the EEOC within 300 days of the adverse action, you lose the right to pursue your claims in court.
On the other hand, a claim of discrimination, harassment, hostile work environment, or retaliation under the Texas Labor Code, must be filed with the Texas Workforce Commission (“TWC”) within 180 days of the adverse action. The only exception to the 180-day rule is a claim of sexual harassment, which must be filed within 300 days of the sexual harassment.
42 US Code § 1981 (“Section 1981”)expands the time limit for filing a claim of race discrimination and/or retaliation in court. If you have a race discrimination and/or retaliation claim and missed the EEOC and/or TWC filing deadlines, you can still pursue your race discrimination and/or retaliation claim under Section 1981, which has a significantly longer statute of limitations than claims brought under Title VII of the Civil Rights Act of 1964 and the Texas Labor Code. Indeed, you have up to four years from the adverse employment action to file a race discrimination and/or retaliation claim under Section 1981.
Civil Assault.
Civil assault claims in Texas have a two-year statute of limitations. For example, if one of your co-workers hits you at work, you may pursue a civil assault claim against your employer and/or co-worker. To pursue such a claim, you must file a lawsuit within two years of the date on which the assault occurred.
Sexual assault claims, which are typically claims of rape, have an expanded statute of limitations. The civil statute of limitations for sexual assault claims is five years from the date on which the sexual assault occurred.
Although assault claims have a longer statute of limitations than most employment-related civil claims, time remains of the essence. To avoid losing important evidence or witnesses forgetting key information, you should pursue your claim as soon as practicable.
Breach of Contract.
Breach of written contract claims may be brought against an employer within four years of the breach. However, it is advisable to pursue a breach of contract claim as soon as you become aware of the breach. The longer you wait to pursue a claim, the more likely relevant evidence may be destroyed, or important information may be forgotten.
Retaliation under the Texas Health & Safety Code and the Texas Family Code.
Chapter 161 of the Texas Health & Safety Code makes it unlawful to terminate or otherwise retaliate against an employee for reporting a violation of the law. Similarly, section 261.101 of the Texas Family Code makes it unlawful to terminate or otherwise retaliate against an employee for reporting abuse or neglect of a child.
If you believe you have been unlawfully retaliated against because you reported a violation of law under either the Texas Health & Safety Code or the Texas Family Code, you must file a suit against your employer within 180 days of the retaliatory act. Failure to meet this deadline would bar your claim.
Workers’ Compensation Retaliation.
A workers’ compensation retaliation claim under Chapter 451 must be filed within two years after the cause of action accrues. A claim “accrues” when the employee becomes aware of the retaliation or when a reasonable person should have known of the retaliation.
Retaliation under the Occupational Safety & Health Administration.
Under Section 11(c) of the Occupational Safety & Health Act of 1970, employees are protected from retaliation for raising workplace health and safety concerns and for reporting injuries and illnesses. Complaints of retaliation under Section 11(c) of the Act must be filed within 30 days of the adverse employment action. Under the Act, examples of adverse actions are: (1) firing or lay off; (2) blacklisting; (3) demotion; (4) denial of overtime or promotion; (5) discipline; (6) denial of benefits; (7) failure to hire or rehire; (8) intimidation/threats; (9) reassignments affecting prospects for promotion; and (10) reduction in pay or hours.
There are some exceptions to the general 30-day filing deadline for retaliation claims under the Act. For example, under the Surface Transportation Assistance Act (“STAA”), which is enforced by Occupational Safety & Health Act (“OSHA”), truck drivers and other workers affecting commercial motor vehicle safety or security are protected from retaliation for reporting, or engaging in activities related to, certain motor vehicle safety, health, or security conditions. A complaint of retaliation under STAA must be filed within 180 days of the adverse employment action.
Claims under the Fair Labor Standards Act.
The Fair Labor Standards Act (“FLSA”) requires almost all employers to provide minimum hourly wages and premium overtime pay to non-exempt employees. The statute of limitations period for ordinary FLSA violations is two years from the date you knew or should have known of the violation. However, in instances where an employer willfully violated the FLSA, a cause of action may be brought within three years of the violation. Wilful conduct exists where the employer knew or showed reckless disregard for its violation of the FLSA.
Claims under the Family & Medical Leave Act.
The Family and Medical Leave Act (“FMLA”) entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons. It also requires that their group health benefits be maintained during that leave. The FMLA prohibits employers from interfering with an employee’s rights under the FMLA or retaliating against an employee who exercised rights under the FMLA. If an employee suffers an adverse employment action because he or she requested or took leave under the FMLA, the employee has a right to file a private lawsuit under the FMLA. Suits brought under the FMLA must generally be filed within two years after the last action that the employee believes was in violation of the FMLA, or three years if the violation was willful.
CONCLUSION: KARMA GLOBAL IN NEWARK DOING EXCELLENT WORK:
In the US, there are other labor and employment laws in addition to the ones that have been mentioned above.
Karma Global is very much on the front foot as far as the handling all these statutes is concerned as it has set up its office at 112 Capital Trail Suite A, Newark, Delaware, USA
With its ever-growing expertise on global laws, it has a set of experienced staff to assist anyone on employment procedures and actions.
All those in need of any of these requirements can always speak to us on the issues and problems that you have been confronted with, and we will be there to guide you on various laws in case these have been violated and how you need to go about the same with the basket of solutions that we provide.
Karma Global will carefully evaluate the situation and advise you on a strategy and what you need to do to get out of this conflicting situation which is very unfortunate and can be resolved with our sincere efforts to bail you out.
Karma Global while dealing with all such issues and cases, always takes the approach to acting trust-worthily and comply with the laws of the land.
Karma Global always advises its clients to be on the right side of the law and to abide by the same. In this respect, it offers a plethora of excellent services in terms of documentation compliance and validity of licenses for running the business and also supports establishments and union afflicted workers to take a just stand on issues, in the company’s interest and not on trivial grounds just for the sake of it, to show the level of aggression.
Respect for all fundamental principles and rights at work (FPRW), including freedom of association and the right to collective bargaining, is an essential foundation of the ILO and key to successful policy and decision-making. As the world of work is changing at an ever-increasing pace, strong, influential, and inclusive social dialogue is, and will be, a key vehicle to shape the world of work that we want.
Our deep, country-by-country knowledge, expressed through a 250-strong network of local offices makes light work of the most intricate local and global reporting obligations.
Proprietary blog of Karma Management Global Tech Firm
This blog has been collated and compiled by the internal staff of Karma Management with the knowledge and expertise that they possess, besides adaptation, illustration, derivation, transformation, and collection from various sources, for its monthly newsletter Issue 09 of March 2023 and in case of specific or general information or compliance updates for that matter, kindly reach out to the Marketing Team –Kush@karmamgmt.com / yashika@karmamgmt.com