Business Organizations & Commercial Transactions

QUESTION: I THOUGHT THAT ONLY THE COMPANY COULD BE PENALIZED FOR FAIR LABOR STANDARDS ACT VIOLATIONS?

ANSWER: WHEN A TEXAS ROPE COMPANY GOT TIED UP WITH THE DEPARTMENT OF LABOR, THE OWNER, PLANT MANAGER AND OFFICE MANAGER WENT TO JAIL!

Numerous federal laws include civil liability for individuals who fail to comply with the laws.  Some federal laws even provide for individual criminal liability for company owners and managers.

Don’t let the boss rope you into breaking the law!

The U.S. Attorney’s office charged that High Performance Ropes of America, Inc.

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WITHOUT CAREFULLY READING AND ANALYZING ALL OF THE TERMS OF ALL OF YOUR POLICIES, YOU WON’T KNOW IF A LOSS IS COVERED UNTIL IT IS TOO LATE!

Will the Insurance Compensate for the Loss?

“On January 13, 1960, at about 7 p.m., an automobile was seen traveling southwardly on U.S. Route No. 15 near Dillsburg in York County. It left the main right-of-way, crossed the berm, crossed over a grass plot in front of a gasoline station, returned to the highway and then after some general weaving veered off into a ditch where it abruptly stopped, its front end pointing downward at an angle of 45 degrees over a concrete culvert, its rear, like the stern of a sinking ship, raised high.” Brenneman v.

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NEGLIGENT HIRING, RETENTION AND SUPERVISION OF EMPLOYEES CAN COST YOUR COMPANY MONEY!

Employers are conditioned by discrimination lawsuits to avoid background checks and to avoid disciplining and firing workers. For example, so-called “ban the box” statutes forbidding including questions about past criminal convictions on employment applications have caused employers to be lax in hiring standards. Wrongful termination lawsuits have made employers wary of disciplining or firing underperformers.

Nevertheless, members of the public can and do sue companies whose workers commit crimes or cause other harm.

The employees stole from the customers???!!!

Employees of American District Telegraph Corporation (“ADT”) stole thousands of dollars worth of liquor from International Distributing Corporation (“liquor store”).

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Author: James Polese

If you have, or have a child who has, a disability and the disability began before age 26, the disabled person can open a tax advantaged investment account that does not adversely affect any disability payments currently being received.  If the individual with the disability does not receive disability-based benefits, there is a self-certification process so long as the disability meets the Social Security Administration’s standards and the disability causes “marked and severe functional limitations.”

The accounts, known as ABLE accounts, were authorized with the enactment of the Achieving a Better Life Experience (“ABLE”) Act of 2014. 

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Author: Cameron Collins

Until recently, the California Corporations Code Section 1601 provided that a corporation’s shareholders had the right to inspect the “accounting books, records, and minutes of proceedings of the shareholders and the board and committees of the board of any domestic corporation, and of any foreign corporation keeping any such records in this state…”

In Innes v. Diablo Controls, 248 Cal.App.4th 139 (2016), the court opined that Section 1601 did not require that the records of corporations be brought into California for inspection if the corporation did not maintain the records in the state.

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