Beginning on July 15, 2024, employees will now have three years to bring claims under the Kentucky Civil Rights Act and Kentucky’s wage and hour laws. This includes claims of discrimination, retaliation, harassment, and wrongful discharge. Employees previously had five years to bring such claims.
The reduction in the statutes of limitations for these claims was passed by Kentucky’s Legislature as HB 320 and should provide some relief for businesses and employers which accompany the administrative and logistic burdens of retaining documents and obtaining testimony of witnesses or other individuals which might be relevant to in these disputes.
However, the legislation is not retroactive and only applies to any claim asserted in a lawsuit that is filed on or after July 15, 2024. This means a five-year statute of limitations remains in place for any claim alleged in a lawsuit before that date.
Employers can prepare for this change in the law by reviewing retention policies with their counsel ahead of the July 15 implementation. If you have any questions about the change in this statute of limitations or how it affects policies in your workplace, contact Mark Guilfoyle, Nick Birkenhauer, or Derek Miles to start a conversation about how we can help.
