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Question
We are updating our employee handbook. As we reviewed the laws it covers, we started thinking about the potential risks of being sued. Could you provide an overview of the key state and federal employment laws and the applicable statutes of limitations (SOL) for each, and where an employee would file a complaint? We’d like to better understand what it means if or when we receive a notice from a specific administrative agency or court.
Answer
The statute of limitations ranges from six months to six years, depending on the relevant law. Once that window closes, the claim is no longer legally valid.
This information is helpful for employers watching the calendar after an incident (such as a termination or significant disciplinary event) that they worry might trigger a legal claim.
Except for sexual harassment, the statute of limitations does not need to be included in any handbook or policy. In some cases, this information may be included in a required workplace poster.
Discrimination Claims
Discrimination claims, including those arising from any type of discriminatory harassment, are usually brought either to the federal Equal Employment Opportunity Commission (EEOC) or the Massachusetts Commission Against Discrimination (MCAD). A claim filed with one agency is considered filed with both, but the EEOC handles federal claims and the MCAD handles state claims. Filing with one of these agencies is required before a lawsuit can be brought to court.
The only exception is for small employers – generally fewer than 15 employees for the EEOC and fewer than six for the MCAD. In Massachusetts, claims filed by employees of companies with fewer than six employees may instead be filed under the Massachusetts Equal Rights Act (MERA), which does not specify a statute of limitations.
Other Employment Claims
Most other employment-related legal claims are filed directly in trial court (District or Superior Court). Note that:
Statutes of Limitations by Category – Federal Laws listed first, state laws listed second where applicable.
| Time Limit | Law / Agency | Coverage / Claims |
| 180 Days | OSHA | Safety & health complaints under the Occupational Safety and Health Act. |
| EEOC (Standard) | Discrimination claims under federal law, unless state law allows more time (e.g., 300 days in MA). | |
| 300 Days | EEOC | – Title VII: Discrimination or retaliation (race, color, religion, sex, pregnancy, national origin)- ADA: Disability discrimination or retaliation- ADEA: Age discrimination or retaliation |
| MCAD | – MA Fair Employment Law: All protected classes, sexual harassment, parental leave, retaliation | |
| 1 Year | MA Department of Unemployment Assistance | Unemployment insurance claims |
| 2 Years | FMLA (Standard) | Interference or retaliation claims (file in court) |
| FLSA (Non-Willful) | Minimum wage, overtime, retaliation (if not willful) | |
| 3 Years | FLSA (Willful) | Same as above, but where court finds willful violation |
| FMLA (Willful) | Interference or retaliation where violation is willful | |
| Federal – Dodd-Frank Act | Whistleblower retaliation: 3 years from discovery (max 10 years) or 6 years from retaliation | |
| MA Wage & Hour Law | Wage violations, misclassification, overtime, pay equity, retaliation | |
| MA Paid Family & Medical Leave | Interference or retaliation claims (file in Superior Court) | |
| MA Personnel Records Law | Retaliation claims related to personnel file contents | |
| MA Defamation | Libel or slander claims (file in state court) | |
| 4 Years | MA Workers’ Compensation | Injury/illness claims (from when the employee learned it was job-related) |
| 6 Years | Contract Law | Breach of contract (e.g., noncompete agreements not covered by other statutes) |
| 3–10 Years | Fraud (varies by statute). | Based on date of discovery and statute specifics |
Best Practices for Employers
As you review your handbook and prepare for potential litigation, adopt strong employee record retention policies. Keep personnel files and documentation for at least the length of the applicable statute of limitations, and longer if you suspect a claim could arise.
Need help?
AIM HR members can contact the AIM Helpline at 1-800-470-6277 or email helpline@aimnet.org to discuss this topic or any HR-related concern.
