News & Analysis as of

Employer Liability Issues Back Pay Wage and Hour

Constangy, Brooks, Smith & Prophete, LLP

What lies beneath. Three wage and hour dangers you may never see coming.

On January 19, a federal district court in Arkansas paved the way for a jury to decide whether 2,000 employees were entitled to recover unpaid overtime for all weeks in which they worked more than 40 hours, while having...more

Fisher Phillips

Snapshot on the Manufacturing Industry: $22M Verdict Reminds Manufacturers to Pay for Actual Donning and Doffing Time

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Welcome to this edition of the FP Snapshot on the Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the manufacturing...more

Fisher Phillips

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

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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

Constangy, Brooks, Smith & Prophete, LLP

Chutzpah and the shifting defenses to requests for religious accommodation

Chutzpah is a Yiddish word derived from the Aramaic ḥuṣpāh. It means impudence, gall, and an audacious disregard for rules. In the world of employment law, it can aptly describe employees who try to get what they want...more

Constangy, Brooks, Smith & Prophete, LLP

When employers are sorry

The unconditional offer of reinstatement. Are you perfect? So am I. But I’ve been told that there are people in the world who sometimes make mistakes. Sometimes employers do things that they think they have a perfect right...more

Fisher Phillips

Restaurant Owner Learns Dangers of Comingling Employees Between Locations – 4 Lessons for Hospitality Employers

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Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more

Fisher Phillips

U.S. Women’s Soccer Gets Court Approval on Historic Equal Pay Settlement: 3 Steps for Employers to Strengthen Their Pay Policies

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The U.S. women’s national soccer team (USWNT) is close to receiving a $24 million payout now that a federal judge has preliminarily approved the current and former team members’ settlement with the U.S. Soccer Federation...more

Fisher Phillips

Baltimore Public Library Found Liable In $190K Gender Pay Bias Claim

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A federal court in Maryland recently found that Baltimore City’s Enoch Pratt Free Library, the City’s public library system, violated federal pay equity law and is thus liable for more than $190,000 in backpay and liquidated...more

Fisher Phillips

JPMorgan Settles Gender Pay Bias Suit For $9.8 Million

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JPMorgan Chase recently signed a conciliation agreement with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) agreeing to settle a long-running pay equity lawsuit alleging that it...more

Fisher Phillips

Labor Department Announces Double Damages Reprieve For Employers

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The U.S. Department of Labor just announced that, effective July 1, it will not seek liquidated damages in wage and hour investigations against employers as a matter of course. This is a welcome development for those...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Asset Strategies International for Pay Discrimination

Asset Dealer Paid Female Manager Less Than Male Employees, Federal Agency Charges - BALTIMORE - Asset Strategies International, Inc., a Rockville, Md.-based full-service, tangible asset dealer specializing in precious...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Davis & Davis Enterprise / All Secure Security for Pay Discrimination

Baltimore Security Company Paid Female Employees Less Than Male Coworkers, Federal Agency Charged - BALTIMORE - Davis & Davis Enterprise, Inc., also known as All Secure Security Company, a Baltimore-based security guard...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

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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

Littler

Under WARN, and Beyond? Massachusetts High Court Holds That Failure To Pay A “Back Pay” Award Does Not Give Rise To Wage Act...

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It is an entrepreneur’s nightmare. The company you struggled to create goes out of business due to a lack of financing. As the company goes under, the employees sue. ...more

Schwabe, Williamson & Wyatt PC

Oregon Equal Pay Act: What Employers Need to Know

Potential exposure for a violation of Oregon’s Equal Pay Act is considerable. Employees alleging unpaid wages or pay equity discrimination may be awarded two years of back pay, compensatory and punitive damages, and attorney...more

Fisher Phillips

3 Critical Wage And Hour Questions For Every Hospitality Employer

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The hospitality industry is an increasingly popular target for enforcement actions by government agencies, not to mention lawsuits by plaintiffs’ attorneys. To help avoid three common wage and hour issues that come up too...more

Foley & Lardner LLP

So What’s it Going to Cost Me?

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When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?”...more

Proskauer - Government Contractor Compliance...

Humana Settles Pay Bias Claims for $2.5 Million

Earlier this week, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that it entered into a conciliation agreement with Humana Inc. (“Humana”) to resolve allegations that Humana paid hundreds of women at...more

Seyfarth Shaw LLP

Back Pay Burden-New Trial Ordered Where Jury Slashed Plaintiff’s Request For Back Pay

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Seyfarth Synopsis: The Sixth Circuit ordered a new trial in a Title VII case where plaintiff presented evidence he was entitled to back pay, the employer presented no evidence to the contrary, and the jury only awarded a...more

Fisher Phillips

Kansas City Decides 2018 Is The Year For Private Employers To “Ban the Box” - 5-Step Plan To Come Into Compliance

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The City Council in Kansas City, Missouri just passed an extension of its 2013 public sector “ban the box” rule, which will soon be extended to apply to private sector employers. The new ordinance will go into effect on June...more

Jones Day

Monthly Update—Australian Labour & Employment - December 2017/January 2018

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MESSAGE FROM THE EDITOR - In this edition of the Update, we report on the exposure draft of the Treasury Laws Amendment (Taxation and Superannuation Guarantee Integrity Measures) Bill 2018. We then consider a decision of...more

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