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Employment Archives

New Jersey Supreme Court Declines to Revisit Ruling Permitting Age Bias Suit Against Best Buy To Move Forward

On Monday, November 20, 2017, the New Jersey Supreme Court denied a petition for certification filed by Best Buy Co. Inc. ("Best Buy") to review a state appellate panel decision regarding a former employee's age discrimination lawsuit on the grounds that the ex-worker, Kevin Dugan ("Dugan"), never explicitly agreed to a policy that such disputes be arbitrated.

$1.95M Settlement In Class Action Against Moët Granted Preliminary Approval

On Tuesday, November 14, 2017, Alameda Superior Court Judge Brad Seligman gave preliminary approval to a proposed $1.95 million settlement to resolve a class action against Moët Hennessey USA ("Moët") and Strategic Experiential Group ("SEG") (collectively, the "Defendants") over alleged employee misclassification.

Supreme Court Divided Over Class Waiver Ban

The Supreme Court began its fall 2017 term with three consolidated cases concerning Epic Systems Corp., Ernst & Young, and Murphy Oil USA Inc. (collectively, "the Companies"). The Companies require pre-employment agreements forcing employees to waive their right to pursue class action relief. Several justices are questioning the legality of this practice, worried that it contradicts the spirit of federal labor law.

Wyndham To Pay $1.5M To Settle Wisconsin Overtime Wage Dispute

On Wednesday, November 1, 2017, a class of employees led by Thomas Bitner (collectively, the "Plaintiffs") asked the Honorable William M. Conley, of the U.S. District Court for the Western District of Wisconsin, to approve a $1.5 million settlement for claims that Wyndham Vacation Resorts Inc. ("Defendant" or the "Employer") had a policy of requiring employees to perform work off the clock, in violation of the Fair Labor Standards Act ("FLSA").

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."

NLRB Judge Rules Against SolarCity's Arbitration Agreement

On Friday, September 8, 2017, National Labor Relations Board ("NLRB" or the "Board") Administrative Law Judge Eleanor Laws ruled that SolarCity Corp. ("SolarCity") maintained arbitration agreements with its employees which were illegal due to the fact that they could be read by workers as restricting their rights to file unfair labor practice charges with the NLRB.

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?

Ruling on UPS ERISA Suit over Benefits Cap Reversed by Ninth Circuit

On Friday, September 8, 2017, a three-judge panel for the U.S. Court of Appeals in the Ninth Circuit reversed U.S. District Judge Cathy Ann Bencivengo's summary judgment award to United Parcel Service of America Inc. ("UPS") and Blue Cross and Blue Shield of Illinois ("BCBS") (collectively, the "Defendants"), which held that Defendants were not in violation of the Affordable Care Act ("ACA") or the Public Health Service Act ("PHSA") in capping Gary King's ("Plaintiff") lifetime health insurance coverage benefits, and that they did not violate the disclosure requirements of the Employee Retirement Income Security Act ("ERISA") in their informing plan participants about the cap.