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News | Aug 06, 2013

SIXTH CIRCUIT HOLDS THAT EMPLOYEES CANNOT “AGREE” TO SHORTEN STATUTE OF LIMITATIONS PERIOD UNDER FAIR LABOR STANDARDS ACT (“FLSA”) OR EQUAL PAY ACT (“EPA”)

Earlier today, the Sixth Circuit Court of Appeals issued an opinion holding that FedEx could not enforce a contract provision in which employees purportedly agreed to file overtime rights and equal pay claims within a time period that is shorter than the period allowed under the FLSA and EPA.  The court based its opinion on the longstanding principle that employees cannot waive their rights under the FLSA or EPA. In another part of the opinion, the Court held that an employee’s belief that he/she was properly classified as overtime-exempt is not relevant to the legal issue of whether he/she REALLY was properly classified under the law.  Click here for a copy of the Court’s opinion in Boaz v. FedEx Customer Information Services, Inc.  In sum, the Court explained that a worker’s overtime rights are based on the law, not on what the employee agrees or understands.  If you are a delivery driver or other employee who might have been denied overtime, call us so that our Pennsylvania, New York, and Pennsylvania overtime lawyers can evaluate your case.

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