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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."

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.

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.