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Employment Archives

Key workers, new employment: Will there be post-departure issues?

We duly note at the proven Connecticut business law firm of Shepherd, Finkelman, Miller & Shah, LLP, in Middlesex, that many of our attorneys began their careers in the labor-law field and "are experienced with the full gamut of labor and employment matters."

Employers' casual reliance on background checks: not a good idea

If you're a Connecticut employer poised to respond to the results of a would-be employee's background check that reveals a past criminal conviction, there's no problem in simply stamping a "reject" rejoinder on his or her job application, right?

McDonald's to Pay Close to $750k in Unpaid Overtime Wages for Overnight Workers

McDonald's Restaurants of California Inc. ("McDonald's" or the "Company") will likely have to pay approximately $750,000 for violating state overtime laws due to its handling of overnight shifts. Los Angeles Superior Court Judge Ann Jones decided on April 20, 2017 that the Company violated the state's overtime law, and therefore, was liable to pay damages to the affected workers. However, Judge Jones subsequently ruled, on June 9th, that the workers failed to prove the violations were willful, which limited the damages to approximately $750,000.

Cigna's $2.7M ERISA Settlement over Depression Treatment Tentatively Approved

The Employee Retirement Income Security Act ("ERISA") establishes minimum standards for retirement plans in the private industry. These standards include that 1) plans must provide participants with information about the plan, such as plan features and funding; 2) minimum standards for participation, vesting, benefit accrual and funding; 3) accountability of plan fiduciaries; 4) the right for participants to sue for benefits and breaches of fiduciary duty; and 5) payment guarantees of certain benefits if a defined plan is terminated. Among retirement plans, ERISA also covers group health plans, which are welfare benefit plans for employees that are established or maintained by an employer or employee organization, and fiduciaries have certain responsibilities to participants of such plans.

Seventh Circuit Extends Civil Rights to Sexual Orientation

In June 2015, the Supreme Court legalized same-sex marriage across the United States in its Obergefell v. Hodges, 576 U.S. ___ (2015) decision. Although it was considered a victory for the LGBTQ community, that community's right to jobs, education, and other civil liberties remained unprotected from discrimination. For example, Professor Kimberly Hively filed a discrimination lawsuit against her employer, Ivy Tech Community College ("Ivy Tech"), for discriminatory employment practices based on her sexual orientation. Her claims were originally dismissed until they reached the Seventh Circuit.

Islands' $2.7M Settlement Gets Skeptical Stamp of Approval

In March 2011, Jonathan Chambless ("Chambless") accused a hamburger chain restaurant with over 50 locations, Islands Restaurants LP ("Islands"), of violating California wage and hour laws by denying employees mandated rest breaks. However, because of personal reasons, Chambless withdrew from the case and Kathryn Jacoby ("Jacoby") became the named plaintiff.

Male-versus-female wage disparities: increased scrutiny

Perhaps you're a female employee in an industry where companies pay full value for good workers, without regard to gender. That is of course only logical and how things should be in the American workplace, with no exceptions ever being made that harm women because they're … women.