Category Archive: Lost Earnings

Oct 10

$1.9 Million to Whistleblower CFO

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) ordered Clean Diesel Technologies Inc.(“CDTI”) to pay $1.9 million to its former chief financial officer in association with a violation of the whistleblower provisions of the Sarbanes-Oxley Act. OSHA determined that CDTI wrongfully terminated the former CFO in April 2010 after he warned the board …

Continue reading »

Permanent link to this article: http://betweenthenumbers.net/2013/10/1-9-million-to-whistleblower-cfo/

Sep 17

Tax Treatment for Employee Litigation Settlements

The IRS recently issued Chief Counsel Advice (CCA) Memorandum 20133501F, which addresses the appropriate tax treatment for litigation settlements with current or former employees.  The guidance was as follows: “When are attorney’s fees paid by an employer as part of a settlement agreement with a former employee subject to employment taxes? In the absence of a …

Continue reading »

Permanent link to this article: http://betweenthenumbers.net/2013/09/tax-treatment-for-employee-litigation-settlements/

Sep 15

Pay more attention to compensatory damages: Punitive damages remain limited to simple multipliers

In Nickerson v. Stonebridge Life Insurance Company (B234271, Aug. 29, 2013), the California Court of Appeal affirmed the trial court’s reduction of the jury’s punitive damage award to ten times the tort damages. In reaching this decision, the Appellate Court extensively discussed the defendant’s conduct, and its application under federal and California punitive damage law. …

Continue reading »

Permanent link to this article: http://betweenthenumbers.net/2013/09/pay-more-attention-to-compensatory-damages-punitive-damages-remain-limited-to-simple-multipliers/

Aug 09

Big setback in California to reclassify workers as employees

On July 11, 2013, in re: Beaumont-Jacques v. Farmers Group Insurance, a California appellate court affirmed summary judgment in favor of an insurance company. The issue was whether a District Manager was properly classified as an independent contractor, rather than an employee. The decision is perhaps not as significant once one understands the underlying written …

Continue reading »

Permanent link to this article: http://betweenthenumbers.net/2013/08/big-setback-in-california-to-reclassify-workers-as-employees/

Jul 24

The Appropriate Discount Rate in a Lost Earnings Claim

Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to Plaintiffs.  The chosen rate can make a meaningful difference in the economic damages conclusion.  A recent article, “Lost Compensation Settlement Tool Allows You To Assess Economic Damages …

Continue reading »

Permanent link to this article: http://betweenthenumbers.net/2013/07/the-appropriate-discount-rate-in-a-lost-earnings-claim/

Jul 06

Lost Earnings Claim Getting Way More Press Than it Deserves

Based on the sheer volume of headlines in the media, one might think that this lost earnings claim either has some extraordinary circumstances and/or involves a celebrity.  However, it appears that neither of those are true.  From a legal and economic damages standpoint, the alleged wrongful termination and gender discrimination claims are routine.  So, why …

Continue reading »

Permanent link to this article: http://betweenthenumbers.net/2013/07/lost-earnings-claim-getting-way-more-press-than-it-deserves/

» Newer posts