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Labor and Employment Law Commons

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Full-Text Articles in Labor and Employment Law

Changemakers: Master Of Studies In Law: 'Something New And Different...': Monique Kuester, Roger Williams University School Of Law Jan 2023

Changemakers: Master Of Studies In Law: 'Something New And Different...': Monique Kuester, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Time’S Up: Against Shortening Statutes Of Limitation By Employment Contract, Meredith R. Miller Jan 2023

Time’S Up: Against Shortening Statutes Of Limitation By Employment Contract, Meredith R. Miller

Scholarly Works

Employers are increasingly adding clauses to contracts with employees that purport to shorten the statutes of limitation for employees to pursue claims against their employers (“SOL Clauses”). SOL Clauses are being imposed on employees in various stages of the contracting process. They have turned up in job applications, offer letters, arbitration clauses, employment agreements and employee handbooks. Where they have been enforced by the courts, the justification has been a prioritization of “freedom of contract” over any other policy concerns. This Article argues that, in the employment context, “freedom of contract” should not be prioritized over other competing concerns, which …