On October 18, 2012, a bill (A3412) was introduced in the New Jersey Assembly to establish a default two-year statute of limitations for most civil actions. Significantly for employers, this would increase the statute of limitations for a defamation claim (currently one year), decrease the statute of limitations for a breach a contract claim (currently six years), and increase the statute of limitations for a retaliation claim for participating in jury duty (currently 90 days). It is unclear whether this bill would increase the statute of limitations for a Conscientious Employee Protection Act claim (currently one year), because unlike the causes of action mentioned above, CEPA was not specifically mentioned in the bill.
Recommended Reading
Is Scabby the Rat Headed for a Deflating Experience?
Construction employers and general contractors are all too familiar with Scabby the Rat. The inflatable rat—appearing in sizes of up to a reported 30 feet tall—has infested construction job sites as part of trade union protest activities targeting employers that are not signatory to union labor agreements.
Temporal Proximity Between FMLA Leave and Firing Does Not Always Lead to Successful Legal Claim
The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and/or termination of an employee who has requested or is on FMLA leave. The Tenth Circuit Court of Appeals recently upheld the dismissal of an individual’s interference and…..
Process Safety Management, Union Style
If you’ve ever wondered what a process safety standard drafted by a union would look like, the State of Washington’s recent draft Process Safety Requirements for Petroleum Refineries provides a glimpse. Using California’s 2017 Process Safety Management for Petroleum Refineries as its baseline, Washington’s Department of Labor and Industries released a draft of a process safety management standard that would apply to the state’s 5 petroleum refineries.