Back Pay

News & Analysis as of

Restaurants, Owners and Managers Ordered to Pay 700K to Employees

A consent judgment was entered in the U.S. District Court for the Eastern District of Wisconsin requiring El Azteca Restaurant Group, including the restaurants, the owners and the managers, to pay 129 current and former...more

Payment for Not Taking Benefits – Additional Compensation

A recent decision in the Ninth Circuit Court of Appeals has highlighted another problem with determining the rate of pay for paying overtime hours worked by non-exempt employees. Under the Fair Labor Standards Act,...more

The Final Word? The Ontario Court of Appeal upholds an astounding 10 years of back pay and employee reinstatement

Readers of this blog may recall reading in 2014 about the Ontario Divisional Court upholding the Ontario Human Rights Tribunal’s order for 10 years of back pay and employee reinstatement. The decision was reached in the case...more

NLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers

On May 31, a divided National Labor Relations Board (NLRB) issued a very significant decision in American Baptist Homes of the West, increasing the impact of an employer’s motive in deciding whether the permanent replacement...more

NYC Expands Scope of Displaced Building Service Workers Protection Act

Background - In 2002, Mayor Bloomberg signed the New York City Displaced Building Service Workers Protection Act ("DBSWPA" or "Act") into law. The DBSWPA significantly affects companies' labor and employment...more

Sixth Circuit Potentially Expands Back Pay Damages in Title VII Cases

Last month the Sixth Circuit issued its opinion in Szeinbach v. The Ohio State University, opening up the door for plaintiffs alleging discrimination under Title VII and seeking back pay, to, in certain circumstances, look to...more

OSHA Issues New Electronic Recordkeeping Requirements and Creates a New Cause of Action for Employees

The Occupational Safety and Health Administration (OSHA) has amended its recordkeeping regulation, 29 CFR Part 1904, to require many employers to submit OSHA 300 Logs, OSHA 301 forms, and OSHA 300A summaries to the agency...more

Governor Christie Conditionally Vetoes New Jersey’s Equal Pay Legislation

On May 2, 2016, Governor Chris Christie conditionally vetoed Bill S992, New Jersey’s equal pay bill. As discussed in our previous blog post, the bill passed in both houses of the New Jersey Legislature on March 14, 2016....more

DOL Quietly Moves to ‘All Liquidated Damages, All the Time’ Footing

The Fair Labor Standards Act (“FLSA”) has always provided for liquidated damages for violations, but in the past, the Wage and Hour Division (“WHD”) generally pursued the liquidated damages only when forced to litigate....more

Gov. Christie Vetoes Proposed Equal Pay Act Again as ‘Business Unfriendly’

On May 2, 2016, New Jersey Gov. Chris Christie, for the second time, issued a conditional veto of proposed legislation that would bar gender-based pay discrimination, saying in part that the Bill would go too far beyond...more

SOX Whistleblower Receives $250,000 Award Related to State Wage Act Complaints

The ARB recently concluded that a former program manager was entitled to recover more than $250,000 in back pay and benefits under Section 806 of SOX based on his discipline and constructive discharge. The ARB clarified that...more

Tenth Circuit raises the stakes in (already) costly wage and hour litigation

Wage and hour cases, particularly collective and class actions, are among the most costly employment lawsuits for employers. When an employer arguably is mistaken in how it pays employees overtime, does not pay for hours...more

D.C. District Court Examines an Employer’s Burden to Prove a Failure to Mitigate Damages in an Employment Discrimination Action

As a general principle, an employee alleging employment discrimination has an affirmative obligation to mitigate his or her lost wages by making a good faith effort to secure alternative employment. The employer however,...more

Supreme Judicial Court Reinstates Jury Verdict for Former Employee on FMLA Retaliation Claim

Last week’s Massachusetts Supreme Judicial Court (SJC) decision in Esler v. Sylvia-Reardon serves as an important reminder of the potential scope of employees’ rights under the federal Family and Medical Leave Act (FMLA)....more

The New Jersey Senate Passes Proposed Equal Pay Legislation

On February 11, 2016, the New Jersey Senate passed Bill S992, which seeks to supplement New Jersey’s current equal pay law and amend the State’s Law Against Discrimination. As discussed in our previous blog post, similar...more

Illinois Appellate Court Affirms Whistleblower’s Multi-Million Dollar Award

On March 2, 2016, an Illinois Appellate court upheld a jury verdict awarding over $3 million to Plaintiff James Crowley (Plaintiff) on his whistleblower retaliation claim under the Illinois State Official and Employee Ethics...more

Closure For Second Circuit Intern Case, But Risks Persist Nationally

Spring is around the corner, with summer not far behind, so thoughts naturally turn to the obvious topic: internships. Although the volume of new lawsuits by unpaid interns challenging their status has abated...more

Judgment Day Dooms Employer: No New Trial In EEOC Case After Finding Of Failure To Accommodate Anti-Christ Fears

In EEOC v. Consol Energy, Inc., Case No. 13-CV-215 (N. D. W.Va. Feb. 9, 2015), the EEOC brought a religious discrimination suit on behalf of an employee against his coal mining employer defendants, parent company Consol...more

Refusing to Attend a Fitness-For-Duty Exam May Not Be Grounds For Termination under the ADA

On January 25, 2016, the New Jersey Appellate Division clarified the requirements set forth by the Americans with Disabilities Act (ADA) and the related guidance issued by the U.S. Equal Employment Opportunity Commission...more

Mexico Supreme Court Upholds One-Year Cap on Back Pay

On January 20, 2016, the Second Chamber of Mexico’s Supreme Court, in plenary session and by a majority vote, issued a decision holding that the reformed Article 48 of the Mexican Federal Labor Law (FLL) does not violate the...more

California Court Upholds Payroll Tax Withholding on Back Pay and Front Pay Judgment - Tax Update Vol. 2015, Issue 4

The opinion adopts well-established federal law and overturns a 22-year-old California case that held that withholding was not required. Everyone knows that, when an employer pays wages to an employee, the employer...more

Telecommuting - Employees Enter the Sharing Economy? (Part 1)

As onrushing technological changes continue to disrupt our society, the concepts of how we work and, more particularly, where we work, are not immune from that disruption. Forbes Magazine reports that 11 percent (8,000...more

Failure To Disclose Tax Returns Results In Rescission Of Back Pay Award

In the Matter of Arbitration between Hollidaysburg School District and AFSCME Council 83 (June 30, 2015). Arbitrator rescinds back pay award after Grievant refuses to turn over tax records to verify that she did not receive...more

Jury Awards $240,000 to Muslim Truck Drivers In EEOC Religious Discrimination Suit

Star Transport Fired Truckers for Refusing to Transport Alcohol, Federal Agency Charged - CHICAGO - A federal jury in Peoria, Ill., has awarded $240,000 to two Somalian-American Muslims who were fired from their jobs as...more

DAP Products Sued By EEOC For Disability Discrimination

Construction Products Manufacturer Fired Capable Worker Because of Cancer, Federal Agency Charged - DALLAS - DAP Products, Inc., a Dallas-based business and a leading manufacturer of home repair and construction...more

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