On May 21, 2012, the New Jersey Supreme Court ruled, in W.J.A. v. D.A., that a private party alleging defamation need not proffer evidence of actual damages to survive a motion for summary judgment and reach a jury. A-77-10, (N.J. May 21, 2012). The court concluded, however, that in the absence of proof of actual damages, the plaintiff is limited in recovery only to nominal damages (typically a trivial sum of money, such as $1.00, simply to recognize that a legal injury was sustained), and not compensatory or punitive damages.
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Sixth Circuit Decision Offers FICA Tax Refund Opportunities for Severance Pay
Any employer that implemented reductions in force or layoffs after 2008 should consider filing refund claims for the Federal Insurance Contribution Act (FICA) taxes paid on severance benefits based on a recent Sixth Circuit Court of Appeals decision. In United States v. Quality Stores, Inc., No. 10-1563 (September 7, 2012), the Sixth Circuit held that severance payments paid to employees pursuant to an involuntary reduction in force were not “wages” for FICA tax purposes.
OSHA Issues New Enforcement Guidance to Address the N95 Shortage During the Coronavirus Pandemic
Following up on its recent temporary enforcement guidance permitting suspension of N95 annual fit-testing for healthcare employers, on April 3, 2020, the Occupational Safety and Health Administration (OSHA) issued an interim Enforcement Guidance for Respiratory Protection and the N95 Shortage Due to the Coronavirus Disease 2019 (COVID-19) Pandemic.
Genetic Information Nondiscrimination Act Finally Becomes Law
New Federal Statute Prohibits Employer-Mandated Genetic Tests President George W. Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from discriminating against applicants and employees based on genetic tests or genetic information. The new law also prohibits health insurers from restricting enrollment and