News & Analysis as of

Duty to Mitigate Back Pay

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

Foley & Lardner LLP

What Past Practice? NLRB Overhauls Back Pay Formula

Foley & Lardner LLP on

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

Mintz - Employment, Labor & Benefits...

D.C. District Court Examines an Employer’s Burden to Prove a Failure to Mitigate Damages in an Employment Discrimination Action

As a general principle, an employee alleging employment discrimination has an affirmative obligation to mitigate his or her lost wages by making a good faith effort to secure alternative employment. The employer however,...more

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