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Components of damage awards in employment cases that relate to physical injuries are generally not found to be taxable, while components relating to back wages are. A variation on this theme was recently explored in a New Jersey Law Division case that examined whether taxes should be deducted from a back pay award emanating from a labor arbitration decision, as opposed to a scenario in which the jury award of damages (or settlement) is rendered pursuant to a statutory framework. In ATU, Local 1317 v. DeCamp Bus Lines, 382 N.J. Super. 418 (L. Div. 2005), the result turned in large part on the court’s analysis of whether the individual remained an employee, and in ruling that he did, the court distinguished a contrary Law Division case, setting the stage for an ultimate resolution by the appellate courts.

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