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Summer Is the Season to Review Your Notice Posting Compliance

With summer under way, it is a good time to refresh your organization’s notice posting compliance. Not only is it smart policy to comply with notice posting regulations, failure to do so might negatively affect your bottom line.

See ASP v. Milardo Photography, 573 F.Supp.2d 677, 698 (D. Conn. 2008); Dehua Lin v. Brennan, 2011 WL 5570779, No. 3:07-cv-1658 (CFD) (D. Conn. Nov. 15, 2011). In Dehua, the plaintiffs brought claims under both state and federal wage law, arising out of their employment with the defendant, which started as early as 1998. The District Court granted summary judgment on the employees’ claims under both Connecticut’s wage statute and the Fair Labor Standards Act. Though the employer argued that the statute of limitations had expired for the employees’ claims arising three (3) years before they filed their complaint, the court concluded that the statute of limitations was tolled because the employer failed to post any notice as to the employees’ rights under state and federal labor laws. In its analysis, the court emphasized such a failure is sufficient to warrant tolling, especially in circumstances in which the employees are not proficient in the English language. The court stated, “the [employees] should not be penalized for not being aware of a right they had no means of knowing.”

This decision is a helpful reminder that notice posting is not just an administrative obligation, but may also help to limit litigation costs. If you are wondering what notices your organization should post, Jennings Strouss can help. The U.S. Department of Labor also offers helpful guidance: http://www.dol.gov/compliance/topics/posters.htm.

Each case a business or individual may face is unique and may require legal advice. If you would like additional information regarding the content of this article, please contact the Chair of our Labor and Employment Department, John Egbert.

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