Each week, Workplace Week brings you news and commentary on critical issues affecting employees and advocates.
In this edition: new tax decision and presidential candidates speak out on job issues
New Tax Decision Reinforces Good Law for Workers in Ohio, Michigan, Kentucky & Tennessee Courts:
A recent decision on the taxability of damage awards highlights the significant differences in taxes paid by workers who successfully sue their employers, based upon little more than where they live. In Banks v. CIR
, the 6th Circuit Court of Appeals held that workers do not have to pay taxes on the amount of the worker's settlement which goes to his or her attorney. In doing so, the 6th Circuit strongly rejected the notion that the specific language of a state's attorneys' lien law makes a significant difference when it comes to assessing taxation, contrary to the logic followed by several other circuits who look closely at lien law language when assessing taxes on some awards but not others.
Decision Date: October 10, 2003
In a wrongful-discharge action, the district court's dismissal of plaintiff's wrongful-discharge claim was affirmed and the defendant's grant of summary judgment under a Family and Medical Leave Act (FMLA) interference claim was reversed, where employers cannot deny FMLA relief for failure to comply with their internal notice requirements.
Decision Date: October 7, 2003
Plaintiff's failure to adequately reconcile two contrary positions (one to SSA and the other to the trial court) concerning his ability to perform a job from which he was terminated is fatal to his prima facie showing of age discrimination.
Protect Your Right to Overtime
Demand Fair Judges!