Back Pay

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Health Care Provider Personally Liable for $1.1 Million Due to Improper Payroll Deductions from Foreign National Employees

The United States Court of Appeals, Sixth Circuit has found the owner of a medical clinic personally liable for a $1.1 million award for back pay and fines because H-1B visa and J-1 waiver fees were deducted from the pay of...more

White Attorney George Dulin Awarded $82,000 in Racial Discrimination Claim Against Greenwood Leflore Hospital Board

In Dulin v. Board of Commissioners of the Greenwood Leflore Hospital, the Fifth Circuit Court of Appeals affirmed an $82,000 jury award to George Dulin, a white attorney who claimed his former employer, the Greenwood Leflore...more

OSHA Orders Company to Pay SOX Whistleblower Back Wages

According to its recent press release, OSHA issued a preliminary order requiring SpongeTech Delivery Systems, Inc. of New York (Company), a cleaning product company, to pay a complainant $31,835.33 in back wages based on its...more

The Bed Bug Whistleblower is Awarded Back Pay

A federal court ordered S.E.M. Villa II Inc., a nonprofit corporation that operates a retirement home in Milford, Ohio, to pay a former manager $20,000 in back pay. The former manager filed a complaint with the Clermont...more

Rhode Island Court Clarifies Sunday Premium Pay Laws, Holds Employer Liable for Back Pay and Assesses Penalty

The Rhode Island Superior Court recently issued a decision that clarifies the Sunday premium pay laws and regulations in Rhode Island. In affirming a Department of Labor and Training (DOLT) decision on appeal, a Superior...more

FLSA Investigations Result In Criminal Convictions

A U.S. Labor Department press release serves as a reminder that violations of the federal Fair Labor Standards Act can result in more than just back-wage payments and other civil remedies. ...more

Capital Thinking: Budget and Appropriations

LEGISLATIVE ACTIVITY - Federal Government Shutdown Continues - As the federal government enters the second week of a shutdown, there has been no progress to end the stalemate between Democrats and Republicans,...more

OFCCP Settles Pay Discrimination Claims With Medical Products Manufacturer

As all federal contractors and subcontractors know, the Office of Federal Contract Compliance Programs (OFCCP) has made investigation of compensation discrimination a priority. This emphasis aligns with the president’s...more

Fenwick Employment Brief - September 2013

As mentioned in last month’s FEB, California recently enacted a new law clarifying that a plaintiff alleging sexual harassment is not required to show that the alleged harassment was motivated by sexual desire. Governor Jerry...more

NLRB Did Not Err In Categorically Barring NLRA Back Pay For Undocumented Workers, Second Circuit Holds

Palma v. NLRB, No. 12-1199 (2d Cir. July 10, 2013): Petitioners are undocumented aliens who were unlawfully discharged for engaging in protected activities under the National Labor Relations Act (NLRA). At a compliance...more

Construction Contractor Settles Sex Harassment Allegations With OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) announced this week that a federal construction contractor providing environmental remediation and restoration services has settled allegations of sexual harassment,...more

OFCCP Issues Directive 310: Guidance on Back Pay Calculations

The Office of Federal Contract Compliance Programs (“OFCCP”) released Directive 310 on July 17, 2013. The Directive provides guidance concerning the calculation of back pay awards by OFCCP in investigations and proceedings...more

SEC Whistleblower Program: What Employers Need to Know [Video]

Attorneys Matt Allen and Todd Holleman give insights to the SEC Whistleblower Act and what employers need to know. ...more

Bill Reintroduced that Would Give Department of Labor Authority to Manage Payments of Back Wages

The Streamlining Claims Processing for Federal Contractor Employees Act (H.R. 2747) was reintroduced to the House of Representatives by Rep. Tim Walberg (R – MI) on Friday, July 19th, 2013....more

Quick Tips on Dealing with Employment Termination Issues in China

On June 21, 2013, a United States medical supplies company executive was taken captive by Chinese employees in his Beijing factory. The employees have stated that the owner owes them two months’ back pay and expressed concern...more

U.S. Court of Federal Claims Awards Federal Judges Back Pay, With Interest

Four years, eight judicial opinions, and a trip to the Supreme Court later, the CFC—on remand from the Federal Circuit’s decision finding liability—has finally ruled on what back pay the federal judges can recover. Beer v....more

Federal Contractor Employees Receive $300,000 Back Pay Award and Reinstatement

The U.S. Department of Labor (DOL) and National Labor Relations Board (NLRB) recently reached a settlement with a federal contractor at Fort Belvoir military base regarding employee wages....more

Wage and Hour Training ROI: Building a Good Faith Defense and Limiting Damages

In the compliance training world, hard ROI (Return on Investment) information is hard to come by. So many variables impact the analysis, and determining whether or not training has actually saved an employer money can take...more

Party Foul! NLRB Orders Reinstatement and Back Pay for Party Bus Guide After Finding Facebook Postings Amount To Protected Union...

Providing yet another example of how online social networking can amount to protected conduct under the National Labor Relations Act, the NLRB ruled earlier this month in New York Party Shuttle, LLC and Fred Pflantzer, CN:...more

PK Law Attorneys Successfully Defend Charles County Board Against Multi-Million Dollar Wage and Hour Lawsuit

In a wage and hour class action suit that was filed in Maryland’s federal district court, bus drivers and bus assistants sued under the Fair Labor Standards Act (“FLSA”), 29 U.S. C. Section 201 et seq., for back-pay,...more

Three Point Shot - April 2013

The (Gold) Gloves Are Off - Cincinnati Reds second baseman Brandon Phillips has a lot to say. He's well-known for being outspoken, and he's a prolific tweeter on his @DatDudeBP account, which boasts over 650,000...more

Owner of Detroit-Area Comfort Inn & Suites to Pay $27,500 to Settle EEOC Pregnancy Bias Suit

DETROIT -- Ramin Inc., the owner of a Comfort Inn & Suites in Taylor, Mich., will pay $27,500 to settle a pregnancy discrimination lawsuit (EEOC v. Ramin, Inc., 2012-cv-15015) filed by the U.S. Equal Employment Opportunity...more

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

Despite the uncertainty surrounding the legitimacy of the current National Labor Relations Board in the wake of the Noel Canning decision, the Board has continued to issue decisions that have serious consequences for...more

The National Labor Relations Board 2012 Year in Review

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more

California Supreme Court Holds That Proof That Employer Would Have Made Same Employment Decision Absent Discrimination Precludes...

On February 7, 2013, the California Supreme Court held that where a plaintiff proves that unlawful discrimination in violation of the Fair Employment and Housing Act ("FEHA") was a substantial factor motivating her...more

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