New York’s Statute of Limitations on Employment Law
The statute of limitations in New York employment law depends on the type of employment claim being filed. The time limit will generally begin at the time the unlawful event occurs. Failing to take action within these time limits results in an employee losing the right to pursue legal action under New York employment law.
OSHA Claims filed under the Sarbanes-Oxley Act/Whistleblower Protection Provision
Employees are required to file a claim under this Act (Pg. 16, 1.) within 180 days. The time limit to meet this deadline comes quickly, and waiting to file a claim can result in losing the ability to take action.
Discrimination Claims
Employees have 300 days, less than a year, to pursue action for discrimination in the workplace. Title VII of the Civil Rights Act of 1964 allows employees in protected classes to file a claim for discrimination with the Equal Employment Opportunity Commission (EEOC). Individuals facing discrimination based on a disability are also subject to the same timeline. Age discrimination claims also face a 300-day time limit from when the event occurred to file a claim.
Filing a New York State discrimination claim and the statute of limitations can vary depending on the administrative agency you need to file with. It is recommended to ask for guidance from a work discrimination lawyer in New York before filing because the chosen avenue of action can impact the ability to file with other agencies.
Defamation and Intentional Torts Claims
Complaints of defamation, including libel and slander, must be filed within one year. Claims for wrongful acts, or intentional torts, causing harm acknowledged under New York Law, such as civil actions for assault, battery, and false imprisonment, also have a one-year time limit for filing a claim.
Wage, Hour, and Medical Leave Violations
Federal laws protect New York employees against employers who violate wage and hour laws, such as failing to pay minimum wage or overtime under the Fair Labor and Standards Act (FLSA). Additionally, employees who suffer retaliation for or suffer interference from an employer for a family medical event can take action under the Family Medical Leave Act (FMLA). Any actions under these two acts have a statute of limitation of two years, with extensions applying to specific violations of the FLSA, providing a three-year statute of limitation for willful or negligent violations.
Human Rights Violations
New York City and New York State have laws applying to human rights and discrimination. Discrimination of gender-based harassment has a statute of limitation of three years in New York City. Other forms of discrimination have a shorter time frame. New York State sets a statute of limitations at three years for sexual harassment in the workplace for incidents occurring after August 12, 2020.
Six-Year Statutes of Limitations
Several various New York laws allow six years to take legal action for the following incidents:
- Breach of employment contract
- Fraud
- New York Labor Law: State laws allow six years to pursue action for violations of hour and wage violations
While six years is allowed by law, waiting to take action can result in a loss of significant evidence.
Contact a New York Employment Lawyer
The laws affecting employment in New York are regulated by state and federal law. If your rights have been violated, contact Gattuso & Ciotoli, PLLC, online or by calling (315) 314-8000. Time limits begin at the time the action occurs. Failing to meet the deadlines will eliminate your ability to take legal action.