Back Pay Award

A legally enforceable decree ordering an employer to pay to an employee retroactively a designated increase in his or her salary that occurred during a particular period of employment. A decision rendered by a judicial or Quasi-Judicial body that an employee has a legal right to collect accrued salary that has not been paid out to him or her.

Back pay awards ensue from litigation involving employment discrimination and issues regarding labor-management relations. Federal Civil Rights legislation provides for back pay awards to compensate the victim for economic losses suffered as a result of discrimination.

References in periodicals archive ?

"If the court had found otherwise, any back pay award for wrongful termination or discrimination would be subject to the Wage Act," he said.

Workers foiled in bid to collect $2M for WARN Act violation

While the county relies on a trilogy of Title VII pension decisions issued by the Supreme Court, we disagree with this reliance because a back pay award under Title VII is a discretionary equitable remedy that a court may select in awarding relief to a plaintiff, while back pay awards under the ADEA are mandatory legal remedies, the amount of which is to be determined by a fact finder.

Back pay is mandatory legal remedy under ADEA

The dollar figure of the back pay award is in negotiation.

Fired police officer sues UO

In Alverez' original complaint, he had sought reinstatement to his former position, back pay since the date of his termination, interest on the back pay award, costs and attorney fees, and "any other relief deemed appropriate" by the FMSHRC.

Whistleblower cases explain process: there are limits on relief for complaining miners

Following the trial, the district court granted the plaintiff's post-trial motion to augment the jury's award to offset the negative tax consequences that she would incur from receiving the lump-sum back pay award. (2) The defendant-employer appealed the decision, claiming in part that the district court had improperly granted the plaintiff's post-trial motion to augment the jury's award.

Third Circuit upholds gross-up of lump-sum employment discrimination award to reflect plaintiff's tax burden - Eshelman v. Agere Systems

2d DCA February 1, 2006), the court held that the plaintiff's attorneys' fees, costs and expenses, compensatory damages, and back pay award were collectively subject to the limitation on the "total amount of recovery" provided for in F.S.

Gallagher v. Manatee County: the sovereign immunity cap for FCRA claims includes attorneys' fees and costs

The Court ruled that because the policy goals of IRCA outweigh those of the NLRA, the immigration act precluded any back pay award to undocumented immigrants under the labor act.

Immigration status is irrelevant to Title VII claim, Ninth Circuit rules

A NATIONALIST politician has condemned a pounds 25,000 Ministry of Defence back pay award to paratrooper Lee Clegg for his time in jail in relation to shooting at a stolen car in which two west Belfast teenagers were killed.

SDLP says Government priorities 'wrong'

There is important "consciousness raising" in this book, and it is done effectively and usefully by discussing important issues rarely raised in arbitration hearings, such as awarding interest on back pay owed for a breach of a collective bargaining contract and deducting from a back pay award unemployment compensation benefits received during a period of layoff or suspension.

Remedies in Arbitration, 2d ed

Second, the availability of a back pay award would create an incentive for dismissed workers to unlawfully remain in the United States because the NLRB does not make back pay awards for periods during which an individual was outside the country.

Righting wrongs against immigrant workers: a recent Supreme Court decision raises difficult questions about what remedies are available to immigrants who lack work authorization when their federal or state rights are violated

The Supreme Court recently held that a back pay award resulting from a Title VII claim for sex-based employment discrimination is not sheltered from taxation under the Sec.