Back Pay

News & Analysis as of

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

Nursing Mother's USDOL Claim Settled

The U.S. Labor Department reports that a temporary-staffing employee has received $1,152 in back-wages and unspecified "other damages" for what it contended was a violation of the federal Fair Labor Standards Act's Section...more

Best in Law: Tax Ruling Confirms Protocol on Job-Related Judgments

The California Court of Appeal recently confirmed that employment-related settlements or judgments are wages from which employers must withhold payroll taxes. In Cifuentes v. Costco Wholesale Corp., Cifuentes...more

Human Rights Commission to New York City Employers: Be Wary of Consulting Credit Histories

Businesses operating in New York City may already be aware that the Stop Credit Discrimination in Employment Act (read the full text here), which took effect on September 3, 2015, generally prohibits employers from...more

EEOC Sues Muskegon Family Care for Disability Discrimination

Medical Provider Fired Employee with a Disability, Federal Agency Charges - DETROIT - Muskegon Family Care, a medical services provider located in Muskegon, Heights, MI, violated federal law by firing an employee due to...more

Sensient Sued By EEOC for Disability Discrimination

Dried Food Producer Unlawfully Discharged Workers After Denying Extended Leave of Absence for Disability-Related Needs, Federal Agency Charged - FRESNO, Calif. - Sensient Natural Ingredients LLC, a producer of dried...more

EEOC Sues Dehaven’s Transfer & Storage, Inc. for Pregnancy Discrimination

Moving Company Fired Female Employee Because She Was Pregnant, Federal Agency Charges - DURHAM, N.C. - DeHaven's Transfer & Storage, Inc., a residential and commercial moving company, violated federal law when it fired a...more

EEOC Files Suit Against McWhite Funeral Home for Sexual Harassment and Retaliation

Owner Subjected Female Employees to Unwanted Touching, Overtures and Retaliated Against Women Who Did Not Acquiesce, Federal Agency Charges - MIAMI - A Fort Lauderdale, Fla., funeral home violated federal law by...more

The Risky Business of Wage & Hour

Wage and hour laws are complicated. They have lots of parts and sub-parts, and there are differences from state to state. Even the most sophisticated employers have compliance challenges. Smaller employers sometimes ignore...more

Bill Would Greatly Expand Penalties, Remedies for Unfair Labor Practices

Democratic lawmakers introduced legislation on September 16, 2015 that would greatly expand the remedial scope of the National Labor Relations Act. Crafted with input from labor leaders, the Workplace Action for a Growing...more

Achiote Restaurant Sued by EEOC for Sexual Harassment and Retaliation

Young, Male Mexican-American Workers Were Sexually Harassed by Restaurant Manager, Federal Agency Charges - SAN DIEGO, Calif. - A San Ysidro, Calif., restaurant which serves Mexican food just north of the U.S.-Mexico...more

Court Awards Over Half Million Dollars Against Consol Energy/Consolidation Coal In EEOC Religious Discrimination Lawsuit

Mining Companies Forced Evangelical Christian to Retire Over Biometric Hand Scanning Violating Title VII, Jury Found Earlier - PITTSBURGH - The U.S. Equal Employment Opportunity Commission (EEOC) has won a victory in...more

Employment Law - August 2015

California Sick Leave Law Gets Updates - Why it matters: California's Healthy Workplaces, Healthy Families Act just took effect on July 1 but Governor Jerry Brown has already signed into law tweaks to the statute....more

DOL Files Discrimination Suit Against Baltimore-Based Federal Contractor

The U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) has filed a lawsuit before the Office of Administrative Law Judges against WMS Solutions LLC (“WMS”) alleging violations of...more

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

School Board Taught a Costly Lesson: Court Upholds Reinstatement with 10 Years of Back Pay

Ms. Fair was employed by the Hamilton-Wentworth District School Board (the “Board”) from 1988 to 2004, when her employment was terminated. During her employment, Ms. Fair had developed a psychiatric disorder, namely,...more

Unpaid Interns Suing for Back Wages Part of Growing Trend

The question of whether employers should pay interns remains a difficult one. While in some fields it is traditional to hire college students and recent graduates as unpaid interns, this can become a costly mistake if a...more

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

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