Statute of Limitations

APPLIES TO

All Employers

EFFECTIVE

February 26, 2020

QUESTIONS?

Contact HR On-Call

In Intel Corp. Investment Policy Committee v. Sulyma, the U.S. Supreme Court stated that the three-year statute of limitations for a violation of ERISA, under Section 1104 for breach of fiduciary duty, only applies where an employee had “actual knowledge” of the violation. There, an employee claimed that his retirement plan was not properly invested, resulting in poor performance. Although he received all of the required plan documents and notices from his employer, he testified that did not know the retirement funds were improperly invested, and he did not recall reading the relevant documents provided by his employer.

APPLIES TO

All Employers with NJ Employees

EFFECTIVE

August 6, 2019, unless otherwise noted

QUESTIONS?

Contact HR On-Call

(888) 378-2456

New Jersey recently enacted the Wage Theft Law, imposing new notice requirements on employers and substantially expanding potential individual, joint and successor liability for employers and officers/agents.

Notice Requirement. The Department of Labor and Workforce Development will release a statement concerning employees’ rights under the New Jersey wage and hour laws. Employers must provide this statement to all current employees and new employees at time of hire.

Failure to Maintain Records. Employers who fail to produce records as required under wage and hour law face a rebuttable presumption that any allegations concerning the time and number of hours related to a wage and hour claim are true. Similarly, failure to present records in criminal proceedings creates the assumption the allegations are true unless the employer demonstrates good cause for the failure.

Posts

Statute of Limitations Effectively Extended for ERISA Violations

New Jersey: Wage Theft Law Substantially Expands Wage and Hour Laws