Statute of Limitations Tolled During Time Motion for Conditional Certification Pending

In a recent case, a federal Court has held the Statute of Limitations tolled while a Motion for Class Certification is pending. Unlike the filing of a Class Action under Rule 23, the filing of a Collective Action does not toll the Statute of Limitations. Therefore, the 2 year (or 3 year if willful) statute of limitations continues to run and unpaid overtime or other violations may “fall off” until the Court tolls the Statute of Limitation or, as this Colorado Court held, a motion for Conditional Certification is filed. Read the Full Article Here.

Employer Requiring No Restrictions or To Be “100% Healed” before Returning to Work?

Is your employer requiring you to be 100% or requiring your doctor to release you back to work with no restrictions? This article deals with the potential legal violations associated with such requirements. For example, the Americans with Disabilities Act only requires you to be qualified. Qualified is defined as able to perform the essential functions of your job with or without a reasonable accommodation. Therefore, if you have restrictions but are able to perform your job with an accommodation, you are entitled to work. For other examples, Read the Full Article Here.