News & Analysis as of

Back Pay Wage and Hour

Fisher Phillips

House of Cards? How the $2.7 Billion NCAA Settlement Might Transform the Employment Status of Student-Athletes

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The National Collegiate Athletic Association is on the verge of settling a major antitrust lawsuit that may radically alter the equation when it comes to student-athlete employment. The pending settlement in House v. NCAA...more

Smith Anderson

Major Changes Now in Effect to Davis-Bacon and Related Acts

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For the first time in almost 40 years, the U.S. Department of Labor (“DOL”) has finalized comprehensive changes to regulations covering the Davis-Bacon Act (“DBA”) and 70 “DBA Related Acts,” federal wage regulations that...more

Constangy, Brooks, Smith & Prophete, LLP

Chutzpah and the shifting defenses to requests for religious accommodation

Chutzpah is a Yiddish word derived from the Aramaic ḥuṣpāh. It means impudence, gall, and an audacious disregard for rules. In the world of employment law, it can aptly describe employees who try to get what they want...more

Constangy, Brooks, Smith & Prophete, LLP

When employers are sorry

The unconditional offer of reinstatement. Are you perfect? So am I. But I’ve been told that there are people in the world who sometimes make mistakes. Sometimes employers do things that they think they have a perfect right...more

DirectEmployers Association

OFCCP Week In Review: October 2023 #4

Monday, October 16, 2023: New US DOL Administrative Review Board Decision from March Sets Down New Backpay Calculation Runway in Litigated OFCCP Cases - Former Labor Secretary Walsh Reversed Previous ARB/ALJ Rulings Last...more

Fisher Phillips

Restaurant Owner Learns Dangers of Comingling Employees Between Locations – 4 Lessons for Hospitality Employers

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Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more

Stevens & Lee

New NLRB Ruling Expanding Remedy Will Likely Lead to More Litigation

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Based on a recent ruling by the National Labor Relations Board in an unfair labor practice case, employers should prepare to show that pecuniary harm would have occurred in the absence of an unfair labor practice or that harm...more

Roetzel & Andress

Back Pay Plus: NLRB Permits Employees To Recover “Foreseeable” Damages From Employers for Labor Law Violations

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Yesterday, the National Labor Relations Board significantly expanded the damages available to employees in unfair labor practice proceedings. Damages for employees wrongfully discharged in violation of federal labor law have...more

DirectEmployers Association

OFCCP Week In Review: October 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Fisher Phillips

U.S. Women’s Soccer Gets Court Approval on Historic Equal Pay Settlement: 3 Steps for Employers to Strengthen Their Pay Policies

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The U.S. women’s national soccer team (USWNT) is close to receiving a $24 million payout now that a federal judge has preliminarily approved the current and former team members’ settlement with the U.S. Soccer Federation...more

DirectEmployers Association

OFCCP Changes Up Its Audit Selection Methodology: OFCCP Plunged Deeper into New Era of “Drive-Thru Audits”

OFCCP published a new Corporate Scheduling Announcement List (CSAL) for Supply & Service Contractors for FY 2022. As OFCCP Director Jenny Yang previously promised, the new List includes 400 federal contractors and, for the...more

Fisher Phillips

U.S. Women’s Soccer to Receive Equal Pay in Historic New Collective Bargaining Agreement

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In an unprecedented move, the U.S. Men’s and Women’s National Soccer Teams agreed to joint collective bargaining agreements with the U.S. Soccer Federation (USSF) on May 18 which guarantees equal pay for both teams. Not only...more

DirectEmployers Association

Biden Administration Takes Its Foot Off The Gas on Employment Civil Rights Enforcement: OFCCP Joins EEOC in Nosedive in Critical...

What Federal Contractors May Expect For The Remainder of FY 2022 - No one would have ever predicted it a year ago or did predict that the OFCCP and the EEOC (see last week’s WIR) would actually go backwards and perform...more

DirectEmployers Association

OFCCP Week In Review: May 2021 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

Baltimore Public Library Found Liable In $190K Gender Pay Bias Claim

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A federal court in Maryland recently found that Baltimore City’s Enoch Pratt Free Library, the City’s public library system, violated federal pay equity law and is thus liable for more than $190,000 in backpay and liquidated...more

Fisher Phillips

JPMorgan Settles Gender Pay Bias Suit For $9.8 Million

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JPMorgan Chase recently signed a conciliation agreement with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) agreeing to settle a long-running pay equity lawsuit alleging that it...more

Fisher Phillips

Labor Department Announces Double Damages Reprieve For Employers

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The U.S. Department of Labor just announced that, effective July 1, it will not seek liquidated damages in wage and hour investigations against employers as a matter of course. This is a welcome development for those...more

Blank Rome LLP

No More Double the Trouble: DOL Relents on “Automatic” Liquidated Damages

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After enduring a decade or so of the U.S. Department of Labor (“DOL”) “automatically” demanding double the amount of back pay in virtually every settlement of a wage and hour investigation under the Fair Labor Standards Act...more

Tucker Arensberg, P.C.

Commonwealth Court Grants Over Four Years of Additional Back Pay to A Teacher, Overturning Pennsylvania Secretary of Education on...

Tucker Arensberg, P.C. on

Vladimirsky v. School Dist. of Phila., 206 A. 3d 1224 (Pa. Commw. Ct. 2019).  The Pennsylvania Commonwealth Court overturned a finding of the Pennsylvania Department of Education that teacher did not exercise reasonable due...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Asset Strategies International for Pay Discrimination

Asset Dealer Paid Female Manager Less Than Male Employees, Federal Agency Charges - BALTIMORE - Asset Strategies International, Inc., a Rockville, Md.-based full-service, tangible asset dealer specializing in precious...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Davis & Davis Enterprise / All Secure Security for Pay Discrimination

Baltimore Security Company Paid Female Employees Less Than Male Coworkers, Federal Agency Charged - BALTIMORE - Davis & Davis Enterprise, Inc., also known as All Secure Security Company, a Baltimore-based security guard...more

Sheppard Mullin Richter & Hampton LLP

Mandatory Backpay in ADEA Claims: What Will SCOTUS Decide?

Baltimore County has petitioned the Supreme Court to decide whether backpay for violations of the Age Discrimination in Employment Act (“ADEA”) is mandatory. Background - In 1999, two Baltimore County Correctional...more

Nilan Johnson Lewis PA

Employers Based Outside Minneapolis Liable for Paid Sick Leave Going Back to 2017

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The City of Minneapolis announced on May 29 that it will require all employers located outside city limits to retroactively credit employees working in the city for paid sick time they have accrued since July 1, 2017. As many...more

Cozen O'Connor

Recent Supreme Court Decision Will Likely Affect the Taxability of Personal Injury Settlements

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On March 4, 2019, the Supreme Court issued a decision in BNSF Railway Co. v. Loos, which ostensibly was limited to the Federal Employers’ Liability Act (FELA). However, FELA is incorporated by reference in the Jones Act,...more

Littler

Supreme Court Holds "Compensation" for Lost Time is Taxable under the RRTA

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On March 4, 2019, the U.S. Supreme Court held in BNSF Railway Co. v. Loos that a railroad’s payment to an employee for work time lost due to an on-the-job injury is taxable compensation under the Railroad Retirement Tax Act...more

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