Recently, in the matter of McCray v. Maryland Dept. of Transportation, the Fourth Circuit had the opportunity to consider whether sovereign immunity or legislative immunity applied to a discrimination case filed by an employee of the Maryland Department of Transportation. Plaintiff, Ms. McCray, filed a discrimination suit pursuant to the ADEA, ADA, and Title VII in which she alleged she was fired from her job as a transit worker for discriminatory reasons. Ms. McCray’s position was eliminated by the Legislature with 802 other positions due to necessary budget cuts.
In JWCF, LP v. Farruggia, the West Virginia Supreme Court affirmed the Kanawha County Circuit Court’s refusal to grant a new trial after a jury awarded a former employee more than $250,000 in back pay, front pay, and damages arising out of a Workers’ Compensation discrimination claim.
Good news may be on the horizon for those employees who find they are scrambling to buy an extra pair of glasses or rush to the dentist in order to spend the remaining funds in their Health Flexible Spending Account (HFSA or FSA) before the end of the plan year. On October 31, 2013, the IRS released Notice 2013-71 which modifies the “Use-or-Lose” rule for Health FSAs. Beginning immediately, employers may amend their Section 125 cafeteria plans to permit employees to carryover up to $500 in unused funds into the next plan year.