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Posts by Noah S. Hurwitz

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Photo of Dykema Labor & Employment Law Blog Noah S. Hurwitz
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nhurwitz@dykema.com
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Showing 2 posts by Noah S. Hurwitz.

Not So Fast – Court of Appeals Invalidates Shortened Limitations Period in Employee Handbook

Employers seeking to shorten applicable statutes of limitations for employment claims through employee handbooks are struck a blow by the Sixth Circuit. In Logan v. MGM Grand Detroit Casino, the Court held that a “contractually shortened limitation period... is incompatible with the grant of substantive rights and the elaborate pre-suit enforcement mechanisms of Title VII... Plaintiff is entitled to a 300-day statutory limitation period.” The result is that employers in Michigan and elsewhere should revise any provisions in employee handbooks or similar policies that seek to shorten the statute of limitations for employment-related claims. Read More ›

Employers Face Risks Despite State Sexual Harassment Allegations in the Post-Weinstein Era, Placing Higher Emphasis on Internal Investigations

The 24-hour news cycle has been dominated by coverage of sexual harassment allegations against celebrities, politicians and corporate executives in the wake of the salacious accusations levied against Hollywood mogul Harvey Weinstein. Employers across the country can be certain their employees are glued to real-time news feeds and evaluating their own previous experiences in and around the workplace with an entirely new perspective. A new bright light is shining on the issue of workplace harassment and society finds itself in the midst of a social movement aimed to encourage individuals to come forward and report (particularly on social media platforms) their personal accounts of experiences relating to sexual harassment. Many of these allegations go back decades, which has lawyers and non-lawyers alike asking what the legal implications are for allegations that go well beyond any applicable statute of limitations. Not all “stale” claims are necessarily time barred, and thus employers must recognize their obligations to investigate and ameliorate even older claims of harassment. Read More ›