News & Analysis as of

Appeals Back Pay

Kohrman Jackson & Krantz LLP

Spa Corporate Officials Taken into Custody for Refusal to Comply with NLRB and Court Orders

In a recent and highly unusual turn of events, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit) has ordered U.S. Marshals to take corporate officials of Haven Salon + Spa (Haven) into custody for...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

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

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

Patterson Belknap Webb & Tyler LLP

Bankruptcy and Labor Law: Decision by Appeals Court Permits Debtor to Discharge an NLRB Fine in Bankruptcy

If the National Labor Relations Board (“NLRB”) fines an employer for unlawfully firing workers who tried to unionize, can the employer discharge the fine in bankruptcy, or will the exception to discharge found in Bankruptcy...more

PilieroMazza PLLC

Weekly Update Newsletter - January 2019 #3

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GOVERNMENT CONTRACTING - According to Bloomberg Government, contract spending has grown by almost 6% per year over the past five years as federal agencies increasingly rely on government-wide contract vehicles and...more

Fisher Phillips

Epic Ruling Gets 2 Sequels: Court Applies New SCOTUS Standard To Wage And Misclassification Claims

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On the heels of the Supreme Court’s decision earlier this year in Epic Systems Corporation v. Lewis, which held that the National Labor Relations Act (NLRA) does not bar class or collective action waivers in arbitration...more

Fisher Phillips

The Epic Sequel: Federal Appeals Court Extends Class Waiver Victory To Wage Claims

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On the heels of the Supreme Court's decision in Epic Systems Corporation v. Lewis, which held that the National Labor Relations Act (NLRA) does not bar class or collective action waivers in arbitration agreements, the 6th...more

Payne & Fears

Key California Employment Law Cases: January 2018

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This month’s key California employment law cases both involve jury trials of discrimination claims, and the extent to which the plaintiffs were able to recover attorney’s fees and damages....more

Littler

Ninth Circuit Orders Gross Ups for Back Pay Award

Littler on

In a short published opinion, the U.S. Court of Appeals for the Ninth Circuit sided with the Third, Seventh and Tenth Circuits, and split with the D.C. Circuit, over whether a federal district court may award a “tax...more

Burr & Forman

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

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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

Saul Ewing LLP

New Jersey Appellate Division Refuses to Deduct Unemployment Benefits from Employee’s Verdict in Discrimination Suit

Saul Ewing LLP on

In a published decision issued March 6, 2017, the New Jersey Appellate Division held that a trial judge erred by reducing an employee-plaintiff’s back pay award in light of his receipt of unemployment compensation benefits....more

Seyfarth Shaw LLP

NJ Court Rules That Unemployment Benefits Do Not Offset Back Pay Awards

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Seyfarth Synopsis: New Jersey’s Appellate Division determined that an award of unemployment compensation benefits will not offset an award of back pay in cases brought under the New Jersey Law Against Discrimination. ...more

Fisher Phillips

New Jersey Court Ruling Raises Price Of Employment Discrimination

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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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Butler Weihmuller Katz Craig LLP

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

Franczek P.C.

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

Franczek P.C. on

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

Bradley Arant Boult Cummings LLP

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

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