No wage taxes should be withheld when an employer is settling a suit under the Family and Medical Leave Act, a Pennsylvania federal magistrate judge has ruled. Judge David R. Strawbridge found that the text of the FMLA differs from other employment statutes because it provides for "damages equal to" the amount of lost wages. By contrast, he said, Title VII uses language that shows Congress intended back pay awards recoverable under that statute to be treated as "pay."
May 22, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
No wage taxes should be withheld when an employer is settling a suit under the Family and Medical Leave Act, a Pennsylvania federal magistrate judge has ruled.
In his 10-page opinion in Carr v. Fresenius Medical Care, U.S. Magistrate Judge David R. Strawbridge found that the text of the FMLA differs from other employment statutes because it provides for “damages equal to” the amount of lost wages.
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