Back Pay

News & Analysis as of

Greektown Casino Sued By EEOC For Disability Discrimination

Employer Failed to Grant Leave Extension for Employee With Stress-Anxiety Disorder And Fired Him Instead, Federal Agency Charges - DETROIT - A Detroit casino operator violated federal law by denying a reasonable...more

September 2016 Special Immigration Alert

I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more

New Jersey Court Ruling Raises Price Of Employment Discrimination

Supreme Court Decision Impacts Potential Emotional Distress Damages - On September 19, 2016, the New Jersey Supreme Court upheld a jury’s award of $1.4 million in emotional distress damages to two Hispanic brothers who...more

Jury in EEOC Suit Says Dollar General Must Pay Former Employee Over $277,565 For Disability Discrimination

Diabetic Employee Fired After Drinking Orange Juice to Stop Attack - KNOXVILLE, Tenn. - A federal jury has found in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a federal disability discrimination...more

Employment Law Navigator – Week in Review: September 2016

Last week, it was reported that 10,000 Chipotle workers have joined the class action against the Tex Mex chain for unpaid wages, claiming Chipotle routinely made them work off the clock. That’s roughly one in five Chipotle...more

What Past Practice? NLRB Overhauls Back Pay Formula

The National Labor Relations Board (NLRB) has done it again. Over the last few years, the NLRB has provided no shortage of topics for us to discuss, because it has made no secret of its aggressive agenda to expand...more

NLRB Upends Traditional Backpay Formula Providing Potential Windfall to Employees

In calculating backpay owed to former employees the National Labor Relations Board (NLRB) has concluded were wrongfully terminated, the Board has historically deducted any interim earnings. In calculating interim earnings,...more

Employment Law Navigator – Week in Review: August 2016 #5

Last week, we were reminded of the impact of the Department of Labor’s Wage and Hour Division enforcement activities. The agency announced that National Freight, Inc. will pay more than $1,000,000 in back wages to 359 workers...more

DOL Settles Its Employees’ Wage Claims

It should not come as a surprise to readers of this blog that the U.S. Department of Labor (“DOL”) likes to trumpet its successes in enforcing federal wage and hour laws. This month alone, the agency has issued several press...more

Isn’t it Ironic, Don’t You Think? DOL Settles Overtime Claims With Its Own Employees

Last week, attorneys for the Department of Labor (DOL) employee union announced that the government agency had agreed to pay $7 million to settle an almost 10-year-old grievance by DOL workers who claimed they were not paid...more

Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more

Front Pay & Back Pay: How About No Pay?

In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job injury to his back and knee while working at Caterpillar’s facility.  Shortly thereafter,...more

Taxpayer Suit Establishes that School Board Policies Have the Force of Law

On July 20, 2016, the Illinois Appellate Court reversed the decision of the circuit court in Veazey v. Rich Township High School District 227, et al. and sent the case back to the circuit court with instruction that Mr....more

OSHA Settlement May Point Direction on Injury Reporting Policies

Earlier this year, the Occupational Safety and Health Administration (OSHA) signaled an intention to take employers to task for maintaining policies that required employees to immediately report workplace injuries and...more

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

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