September 12, 2012 – Pospis Law, PLLC

September 12, 2012 by mjpospis

Second Circuit Holds That Title VII Back and Front Pay Awards Are “Wages” Subject to Tax Withholding

In Noel v. New York State Off. of Mental Health Cent. New York Psychiatric Ctr., 10-3483-CV, 2012 WL 3764527 [2d Cir. Aug. 31, 2012], the Second Circuit held that back pay and front pay awards under Title VII of the Civil Rights Act of 1964 are “wages” subject to mandatory tax withholding. From the Court’s…

Second Circuit Dismisses First Amendment Retaliation Claim

Yesterday, in Ross v. Lichtenfeld et al., the Second Circuit (WALKER, Leval, Pooler) held that a government clerk’s claim of First Amendment retaliation should have been dismissed, because she was speaking pursuant to her official duties. The Court applied the rule of Garcetti v. Ceballos, 547 U.S. 410 (2006), that “when public employees make statements…