6/20/2023 0 Comments Ngu industries pay off your fineHe was reinstated by that Board in his employment with directions for back pay. The case involved Nierotko whom the National Labor Relations Board found to be wrongfully discharged for union activity. The Supreme Court of the United States held that back pay is wages. The question of whether or not back pay awards are "wages came before the court in the Social Security Board v Joseph Nierotko. Once the wages have been allocated to a particular period it is the duty of the Department to determine if the claimant was unemployed during that period and eligible for benefits. The $1,200 should, therefore, be allocated to the first 10 weeks of unemployment following the last date for which the claimant had been paid at the time of the separation. Then by dividing the 400 hours by the number of hours worked in a week, in this case 40, it would be determined that the claimant received 10 weeks pay. You would divide the $3 into the $1,200 and get 400, which represents the number of hours covered by the settlement. He accepts a settlement in the amount of $1,200. He had worked at $3 per hour, 40 hours a week. The resulting figure would then be used to determine the period of allocation.įor example, the claimant is off work for three months. This would be done by first determining the claimant’s hourly or daily wage, and then dividing that amount into the amount of the settlement. In these cases it becomes necessary to determine the period of time covered by the settlement. However, often the payment is in the form of a settlement which is less than the full back pay. In such cases, the payment is allocated to the entire period the claimant was requesting. There usually is no problem if the payment represents full back pay. Once these payments have been made, it is necessary to determine the period they cover. Back pay awards derive generally from the employee filing a claim with his union for reinstatement or filing with the National Labor Relations Board. This subdivision deals with the question of the employment status of claimants arising when the employer pays "back pay" to them after their discharge. This is, practically speaking, the ordinary situation of employment in a standby capacity." A man’s time may, as a matter of law, be in the service of another though he be inactive. means not only work actually done but the entire employer-employee relationship for which compensation is paid to the employee by the employer.
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