Year: 2014

US Supreme Court to Decide Off-the-Clock Case

Nov 5, 2014

Generally speaking, employers are responsible to pay hourly employees for all of the time that the employees are under the employer’s direction and control.   When employees are not paid for such time that they are under the employer’s control, they are said to be ‘working off the clock’ and there […]

Jury Finds County of Orange Shares Liability in Crosswalk Death, Awards $7.4 Million

Oct 20, 2014

A jury on Friday awarded over $7.4 million to a mother who was seriously injured and whose 3-year old daughter was killed in a 2012 pedestrian accident in an Orange County school crosswalk.

Jury Finds County of Orange Shares Liability in Crosswalk Death, Awards $7.4 Million

Oct 10, 2014

A jury on Friday awarded over $7.4 million to a mother who was seriously injured and whose 3‐year old daughter was killed in a 2012 pedestrian accident in an Orange County school crosswalk. The jury found the driver, Carlos Parra, 20, negligent in the accident, but also found the County […]

Judge Rules Against Cities on Wage Law

Sep 4, 2014

Several cities in San Diego County have argued that public construction projects funded locally are not subject to state prevailing wage rules. A new state law going into effect January 1, 2015 requires charter cities to pay prevailing wages regardless of the funding source. Disregarding this law would result in […]

Prevailing Wage Coverage Extends to Traffic Light Camera Installation Projects

Jul 31, 2014

Work covered by California’s Prevailing Wage Law includes installation of traffic light cameras.   A recent article about red light light cameras highlights a prevailing wage issue that may not be commonly understood. Projects paid in full or in part with public funds require payment of prevailing wage rates, which are […]

SCOTUS Rejects Presumption of Prudence Standard in ESOP Cases

Jun 26, 2014

In a win for employees, on June 25, 2014 the United States Supreme Court issued its ruling in the highly anticipated case, Fifth Third Bancorp v. Dudenhoeffer, and rejected the presumption of prudence standard in ESOP stock-drop cases.  For years, federal courts have followed a standard of presumption of prudence […]

Employee Remedies for ESOP Fraud

Jun 25, 2014

Recently the Wall Street Journal featured three articles related to Employee Stock Ownership Plans (ESOP) and valuation practices that put employees’ retirement funds at risk.  These articles discuss increased scrutiny by the federal government to ensure that employees are not cheated in their ESOP retirement funds. They also describe the […]

California Supreme Court Rules in Iskanian: Class Action Waivers In Employment Arbitration Agreements Are Valid

Jun 23, 2014

The California Supreme Court issued its long awaited ruling today in Iskanian v. CLS Transportation holding its prior ruling in Gentry v. Superior Court (2007) 42 Cal.4th 443 (Gentry) has been abrogated by recent United States Supreme Court precedent and that class action waivers in employment arbitration agreements are valid […]

Donahoo & Associates, PC, ESOP Case Featured in Wall Street Journal

Jun 23, 2014

Today’s Wall Street Journal features our recent ESOP case brought on behalf of our client John Vincent and over 200 other former employees of Southern California Pipeline Construction.  We were pleased to obtain a successful result for our clients to recover their ESOP retirement benefits. Read the article “U.S. Increases […]

The Ponzi Pandemic: Loss and Recovery

May 13, 2014

Investors have become familiar with the names Madoff and Ponzi, they get the connection. But it is often new news to hear that there have been more than 500 other Ponzi schemes in the ‘Madoff Era.’ A recent Forbes article recounts the story of Madoff and the nearly $20 billion […]

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