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Connecticut state law, also cited in the lawsuit, has its own “duties test” to help determine whether an employee is exempt or non-exempt. Although there are administrative and professional exceptions, Ms. Russell would have needed to supervise other people and be able to exercise independent judgment in her duties in order to be considered exempt under state law.

Again, the jury will be the decision-maker when it comes to whether Kathleen Russell should have been paid overtime by Broder & Orland, LLC because of her consistent schedule of more than 40 hours each week. For we, the people, to keep up with and understand the case at hand as it moves forward it is important to understand the duties and pay associated with whether an employee is legally exempt or non-exempt. This cursory glance certainly gives credibility to the plaintiff and her legal team.

ERISA & Fiduciary Duties

ERISA is another federal law that Ms. Russell alleges her former employer (namely, Carole Topol Orland, Esq., and her firm Broder & Orland, LLC) violated. ERISA is an acronym for Employee Retirement Income Security Act of 1974. It puts minimum standards into place for private industry (non-government employers) retirement plans. To be a defined plan, it must be employer funded, promise a specific monthly benefit for retirement, or tell you how to figure out what you’ll get each month when you retire.

To participate in the plan, you have work for the employer for a certain amount of time or a certain amount of hours. With this type of plan, employees are immediately vested in their own contributions and their earnings. When an employer matches, it takes longer to fully vest on that money. Generally, employees have to work around seven years to be fully vested. Of course, this can also depend on the type of ERISA plan in place.

When someone is named as a fiduciary of anything, it means that they have a legal obligation to do what is in the best interest of the recipient(s). Ms. Russell alleges that her termination stopped her from becoming 60% vested and prevented her from receiving all of the benefits that she should have received. She also alleged that the firm violated its fiduciary responsibilities toward her as a recipient of the ERISA plan.

We’ve reached to Carole Topol Orland for comment before this story was published, but she was unavailable. USA Herald invites Ms. Orland to contact us with a statement related to this matter if she wishes to do so.

No One Is Above the Law, Including Carole Topol Orland

Say what you will above state and federal government, but when it comes to employment law, we have excellent regulations put into place to protect workers like Kathleen Russell. Whether someone is entitled to overtime pay isn’t (thankfully) at the sole discretion of employers. Both federal and state laws guide employers (and inform employees) about the actual duties the employee would need in order for the employer to not compensate for overtime. The same can be said for retirement. It’s up to we, the people, to understand the law and to know our rights so that we can protect ourselves and ensure that we’re able to sufficiently provide for ourselves once we hit retirement age. If you have questions about whether your employer should pay you for overtime or about your retirement account, contact a reputable licensed employment law attorney in your area. Licensed attorneys are the only people allowed to give legal advice