News & Analysis as of

Lost Wages Appeals

Nutter McClennen & Fish LLP

Trebling of Commission Under Wage Act Required Even Though Commission Was Not ‘Due and Payable’ When Employee Was Wrongfully...

In Parker v. EnerNOC, Parker alleged that she was terminated less than one month after closing the most lucrative client contract in EnerNOC’s history in part because she complained about the amount of her commission for the...more

Proskauer - Law and the Workplace

SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling

In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and...more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

Polsinelli on

Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...more

Cozen O'Connor

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

Cozen O'Connor on

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

Littler on

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides BNSF Railway Co. v. Loos

On March 4, 2019, the Supreme Court of the United States decided BNSF Railway Co. v. Loos, No. 17-1042, holding that a railroad’s payment to an employee for lost wages due to an on-the-job injury is taxable “compensation”...more

Nossaman LLP

$3.8 Million Awarded to Physician Serves as Important Reminder About Fair Hearing Rights

Nossaman LLP on

In a decision affecting California hospitals, medical groups, medical staffs, and physicians, the California First District Court of Appeal has concluded that a physician’s notice and hearing rights apply to situations where...more

Burr & Forman

Mining company doomed in resurrected 'mark of the beast' lawsuit

Burr & Forman on

The U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) recently decided a religious accommodation case in which a jury awarded a former employee more than half a million dollars. The Equal...more

Mayer Brown

Ninth Circuit Substantially Reduces Punitive Award Against Walgreen

Mayer Brown on

Things have been quiet in the world of punitive damages for the last few months, but two recent decisions substantially reducing punitive awards under the BMW/State Farm factors warrant mention. My colleague Miriam Nemetz...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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