Telebright Corporation v. Director, Division of Taxation, 2012 WL 669964 (App. Div. Mar. 2, 2012): In a case of first impression, the Appellate Division held a foreign corporation that regularly and consistently permits one of its employees to telecommute from a New Jersey residence is doing business in New Jersey, is subject to the New Jersey Corporation Business Tax Act, and must file New Jersey Corporation Business Tax returns.
Recommended Reading
Governor Cuomo Signs Law Loosening Strict Interpretation of Unlawful Deductions from Wages
On September 8, 2012, Governor Andrew Cuomo signed a much-anticipated law that amends New York Labor Law § 193 by expanding the scope of permissible deductions from an employee’s wages. The new law, which will take effect on November 7, 2012, and is subject to renewal in three years, benefits both employers and employees by
Triple Play – Missouri Supreme Throws a Couple of Curve Balls and Tags Employers in Wrongful Discharge Cases
The Missouri Supreme Court recently issued rulings on three cases relating to the public policy exception to the employment-at-will doctrine. These three cases directly impact wrongful discharge cases against employers in Missouri. The three main issues these cases discussed are: (1) the proper causation standard to apply in wrongful discharge cases; (2) whether contractual employees may pursue wrongful discharge claims; and (3) what can constitute a basis for a “public policy.”.
Seventh Circuit Sets Groundbreaking Precedent, Reverses FRSA Retaliation Judgment
On October 31, 2016, a $1 million dollar judgment against BNSF Railway Co. evaporated when the U.S. Court of Appeals for the Seventh Circuit set groundbreaking precedent under the Federal Railroad Safety Act (FRSA) and vindicated BNSF. The jury had awarded Michael Koziara, the plaintiff in the case, a total of $425,724.64, which included $125,000 in punitive damages. In addition, the court had awarded approximately $565,000 in attorneys’ fees, costs, and pre- and post-judgment interest. The Seventh Circuit reversed the judgment of the U.S. District Court in the Western District of Wisconsin with instructions to dismiss the case based on errors in jury instructions.