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Employment Archives

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.

Supreme Court Waiting for Next Term to Handle Class Waiver Suits

Class actions allow individuals to seek redress in situations where it would be illogical or overly burdensome for them to pursue their case individually. For example, when individual damages incurred pale in comparison to the expenses of attorneys' fees and other costs associated with pursuing a case a class action may be the only way these cases see a court room. Some criticize class actions as being "anti-business" because they can result in massive settlements due to the aggregation of damages across the class.

CKE Restaurants Class Action Signifies Shift in Administrations

According to economic theory, monopolies stifle competition by disrupting the balance between supply and demand, which creates an unfair advantage for suppliers who raise prices for consumers. Recently this theory has been applied to the labor market. When monopolies limit the amount of choices in the job market, employees have little bargaining power in their wage or income. Antitrust laws are intended to protect the economy from monopolies.

Amazon Again Faces Joint Employer Liability

Over a year ago, we discussed the settlement that occurred between a class of warehouse workers in California and two joint employers, SMX LLC and Amazon.com LLC ("Amazon"). Last November, Amazon was notified of another joint-employer suit, along with Silverstar Ltd. ("Silverstar") and Gold Standard Transportation Inc. ("Gold Standard").

Costco's California Wage Statement Class Action is Dismissed

In May 2012, Loretta Apodaca ("Apodaca") alleged that Costco Wholesale Corp. ("Costco") failed to provide her with proper wage statements under California law, which requires companies to provide hours worked and hourly rates. After the Central District of California dismissed Apodaca's case, Apodaca appealed it to the Ninth Circuit.