an update for the week of january 21, 2004
Each week, Workplace Week brings you news and commentary on critical issues affecting employees and advocates.

In this edition: overtime proposal still subject of Congressional debate; new bad tax decision in 2nd Circuit.
today's workplace: the employee rights blog
Latest Wrinkle in Overtime Debate Holds Up Spending Bill: "It ain't over until it's over" appears to be the rallying cry of those in the U.S. Senate fighting to save American workers from overtime "reform" this year. Although the proposed regulations of the Department of Labor limiting overtime protections for millions of workers are slated to go into effect by March 31, 2004, the Senate has delayed action on the appropriations bill funding Labor and several other key departments in response to the Administration's refusal to delay the implementation of the new regulations. The departments at issue are only funded until January 31, so someone will have to cry uncle soon. Let's hope it's not the American worker who pays the price, although by all indications, that may very well be the ultimate outcome.
this week in the courts
Raymond v. U.S.  (Second Circuit; No. 03-6037)
Decision Date: January 13, 2004
A taxpayer who receives a recovery for lost wages, and who agreed to pay his attorney on a contingent-fee basis, must include the contingent fee in his gross income. Vermont law does not provide attorneys with a proprietary interest in their clients' claims; when a taxpayer is in sufficient control of the source of income, federal principles of taxation deem him the recipient of gross income upon its disposition.
Moore v. Freeman  (Sixth Circuit; No. 01-6372, 01-6536)
Decision Date: January 13, 2004
Evidence of retaliation was sufficient to support the jury verdict awarding plaintiff back pay and damages for emotional and mental distress under the Fair Labor Standards Act. District court abused its discretion in reducing plaintiff's request for attorney's fees by five-sixths on the theory that he had prevailed on only one of his six claims.
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