News & Analysis as of

Damages Back Pay

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

Bricker Graydon LLP

[Webinar] Opt-In or Out? Essential Insights to Guide Your House Settlement Decision - February 14th, 12:00 pm - 1:00 pm ET

Bricker Graydon LLP on

If approved, the House v. NCAA settlement will revolutionize college athletics. Starting July 1, 2025, it will require the NCAA and its Division I member institutions to pay nearly $3 billion in damages to current and former...more

Saul Ewing LLP

National Labor Relations Board Lacks Authority to Award Damages Beyond Back Pay, According to Third Circuit Decision

Saul Ewing LLP on

On December 27, 2024, the U.S. Court of Appeals for the Third Circuit found that the National Labor Relations Board (NLRB) lacks the authority to order an employer to pay damages beyond what it unlawfully withheld from...more

Benesch

Third Circuit Court of Appeals Issues Opinion in Starbucks, Limiting National Labor Relations Board’s Remedial Power

Benesch on

On Friday, December 27, 2024, the Third Circuit Court of Appeals handed Starbucks a victory by vacating an order issued by the National Labor Relations Board (“Board”) on the grounds that the Board exceeded its authority...more

Foley & Lardner LLP

Landmark NLRB Decision Expands Labor Violations

Foley & Lardner LLP on

As we’ve recently informed our readers, the National Labor Relations Board (“NLRB” or the “Board”) ended 2022 with a series of consequential decisions for employers. One such decision – issued on December 13, 2022,...more

Foley & Lardner LLP

NLRB Leaves Lumps of Coal In Employers’ Holiday Gift Bags

Foley & Lardner LLP on

The National Labor Relations Board (NLRB or the “Board”) has issued a series of recent decisions that will give employers concern in 2023 and beyond. First, on December 13, 2022, the Board issued a decision that greatly...more

Steptoe & Johnson PLLC

National Labor Relations Board Allows Recovery of Consequential Damages for Unfair Labor Practices

Steptoe & Johnson PLLC on

For many years, employers that have been found in violation of the National Labor Relations Act (NLRA) had to pay traditional make-whole remedies to their employees, which mostly included back pay and reinstatement. However,...more

Foley & Lardner LLP

NLRB Unleashes New Damages Against Labor Law Violators

Foley & Lardner LLP on

On Tuesday, December 13, 2022 to the National Labor Relations Board ("NLRB”) issued a decision that could have profound effect on employers in all industries, regardless if they have a union. In Thrryv, Inc., the NLRB ruled...more

Seyfarth Shaw LLP

District Court Awards Punitive Damages In Sex-Based Harassment EEOC Suit

Seyfarth Shaw LLP on

Seyfarth Synopsis: In E.E.O.C. v. Scott Medical Health Center, P.C. No. CV 16-225, 2017 WL 5493975, at *2 (W.D. Pa. Nov. 16, 2017), a default judgement of liability was entered against the defendant company for sex-based...more

Jaburg Wilk

What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

Jaburg Wilk on

If an employee or former employee sues, they may be entitled to many different types of damages which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can...more

Bradley Arant Boult Cummings LLP

Isn’t it Ironic, Don’t You Think? DOL Settles Overtime Claims With Its Own Employees

Last week, attorneys for the Department of Labor (DOL) employee union announced that the government agency had agreed to pay $7 million to settle an almost 10-year-old grievance by DOL workers who claimed they were not paid...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

McAfee & Taft

Tenth Circuit raises the stakes in (already) costly wage and hour litigation

McAfee & Taft on

Wage and hour cases, particularly collective and class actions, are among the most costly employment lawsuits for employers. When an employer arguably is mistaken in how it pays employees overtime, does not pay for hours...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

Best Best & Krieger LLP

Best in Law: Tax Ruling Confirms Protocol on Job-Related Judgments

The California Court of Appeal recently confirmed that employment-related settlements or judgments are wages from which employers must withhold payroll taxes. In Cifuentes v. Costco Wholesale Corp., Cifuentes...more

Zelle  LLP

The Risky Business of Wage & Hour

Zelle LLP on

Wage and hour laws are complicated. They have lots of parts and sub-parts, and there are differences from state to state. Even the most sophisticated employers have compliance challenges. Smaller employers sometimes ignore...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

NAVEX

Wage and Hour Training ROI: Building a Good Faith Defense and Limiting Damages

NAVEX on

In the compliance training world, hard ROI (Return on Investment) information is hard to come by. So many variables impact the analysis, and determining whether or not training has actually saved an employer money can take...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Holds That Proof That Employer Would Have Made Same Employment Decision Absent Discrimination Precludes...

On February 7, 2013, the California Supreme Court held that where a plaintiff proves that unlawful discrimination in violation of the Fair Employment and Housing Act ("FEHA") was a substantial factor motivating her...more

Littler

New Seventh Circuit Decision May Pave the Way for More Stringent Certification Standards in FLSA Collective Actions

Littler on

In a decision that may significantly impact certification and decertification decisions in FLSA collective actions, a three-judge panel of the Seventh Circuit Court of Appeals upheld the decertification of a Rule 23 class and...more

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

California Supreme Court Rejects Damages, Back Pay, And Reinstatement Where Employer Proves Legitimate Mixed-Motive

On February 7, 2013, the California Supreme Court issued a long-awaited decision on whether the “mixed-motive” defense applies to employment discrimination claims under the California Fair Employment and Housing Act (FEHA)....more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide