A former assistant to the co-founder of a Westport law firm has sued the firm, claiming she wasn't paid overtime wages and was fired unexpectedly eight weeks before her defined benefit plan vested.
In her eight-page lawsuit filed Monday in U.S. District Court, Kathleen Russell states her earlier contributions in the benefit plan at Broder & Orland "would have vested at 60 percent." The lawsuit contends that firing Russell last November "allowed Broder to increase its senior partners' contributions into the defined benefit plan without having to pay Russell the same benefits."
The suit claims the law firm breached its fiduciary duty to Russell, and that Carole Topol Orland, co-founder and partner of the firm, violated the Employee Retirement Income Security Act by firing "Russell for the purpose of interfering with the attainment of a right to which Russell was entitled under the provisions of an employee benefit plan, and in order to keep Russell's rights from vesting."
Russell claims violations of ERISA, the Fair Labor Standards Act, and state law for failure to pay overtime wages and failure to keep accurate records of hours worked in violation of the Connecticut Minimum Wage Act.
Russell, of Weston, was hired in January 2013 as a temporary receptionist, but later became Orland's assistant. The firm specializes in divorce and family law.
The lawsuit states Russell, who earned $55,000 annually when she was fired, regularly worked 48 hours a week and more than 50 hours a week on some occasions. Russell was often the first employee in the office and the last support staff to leave. She'd stay at the law firm as late as 6:15 p.m. even though she was scheduled to leave at 5:30 p.m. She also routinely worked at her desk during lunch hours, the lawsuit notes.
The firm did not compensate "Russell for her employment in excess of 40 hours at a rate not less than 1½ times the regular rate at which Russell was employed, and further did not pay Russell for all hours worked," according to the lawsuit.
It's not clear how much overtime Russell claims she's owed.
The lawsuit seeks compensatory and punitive damages; reinstatement, back pay and front pay; and an accounting of the firm's ERISA defined benefit plan.
Russell is represented by Anthony Minchella of Minchella & Associates in Middlebury. Minchella wasn't available for comment Tuesday.
Orland declined to comment.
The matter is before U.S. District Judge Victor A. Bolden in Bridgeport.