News & Analysis as of

Back Pay Appeals Employer Liability Issues

Amundsen Davis LLC

Seventh Circuit Ruling Allows Non-Disabled Workers to Seek Backpay Under ADA

Amundsen Davis LLC on

The Seventh Circuit (covering Illinois, Indiana and Wisconsin) recently ruled that a non-disabled employee can recover damages under the Americans with Disabilities Act (ADA) when his employer required a fitness-for-duty...more

Vedder Price

Seventh Circuit Allows Recovery of Back Pay in ADA Case Absent Proof of Disability

Vedder Price on

In a case of first impression, on April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit issued an important decision in Nawara v. Cook County Municipality (Case Nos. 22-1393, 22-1430, 22-2395 & 22-2451), holding...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Think ADA Recovery Is Limited to Employees With Disabilities? The Seventh Circuit Says Think Again

On April 1, 2025, the Seventh Circuit Court of Appeals clarified the remedies available to nondisabled employees subjected to improper medical examinations or inquiries under the Americans with Disabilities Act (ADA). ...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says Non-Disabled Employee Entitled to Back Pay for Unlawful Medical Exam

The Americans with Disabilities Act prohibits employers from requiring employee medical examinations absent business necessity. The ADA provides a back pay remedy for violations, but limits these damages to discrimination on...more

Fisher Phillips

Appeals Court Upholds $22M Verdict and Reminds Employers to Pay Workers for “Actual” Time Working

Fisher Phillips on

A federal appeals court held last Fall that employers must pay hourly employees for the actual time they spend completing activities – not just the “reasonable time” it should take to finish assigned tasks – upholding a $22M...more

Fisher Phillips

Federal Appeals Court Narrows Labor Board’s Ability to Award Money to Workers

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A federal appeals court just clipped the wings of the National Labor Relations Board by limiting its authority to impose monetary remedies against employers. In a significant decision that could soon reverberate around the...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

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

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

Saul Ewing LLP

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

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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

Seyfarth Shaw LLP on

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

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