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Employment Archives

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.

Constellis ERISA Results in a $30 Million Judgement

Employers can offer a wide range of retirement benefits to their employees. Most commonly, employees receive a retirement plan such as a pension or 401(k). Another type of retirement benefit is an Employee Stock Ownership Plan ("ESOP"), which is a program that provides employees with an ownership interest in their company, and like pensions and 401(k)'s, is regulated by the Employee Retirement Income Security Act ("ERISA").

Connecticut courts' scrutiny of a restrictive employment covenant

In today's blog entry, we zero in on the above heading's reference to restrictive covenants from the comparatively narrow focus of so-called "noncompete agreements," which can occasionally comprise the central subject matter for a Connecticut court in a business litigation dispute.

Holy Cross Hospital Settles ERISA Suit for $4M

In June 2016, Corinne Butler ("Butler") and Andrea Fitzsimmons ("Fitzsimmons"), former employees of Holy Cross Hospital ("Holy Cross"), filed a lawsuit against their employer alleging it underfunded their pension plan by $31 million and terminated the plan in violation of the Employee Retirement Income Security Act ("ERISA"). Butler and Fitzsimmons demanded their pension plan be reinstated and properly funded on behalf of 2,000 Holy Cross employees.

Discrimination complaint highlights alleged ADA violation

Michael Trimble's disability is evident and well-established, but it seemingly had no connection with his ability to competently -- even admirably -- carry out his work-related duties at the Kroger supermarket chain's corporate offices in Portland, Oregon.