Dwayne McKenzie

Represented health and welfare trust funds and trustees against hospital provider claims for non-payment of services to participants.

Successfully defended and maintained trustee and sponsor interpretation of vacation plan structure through federal trial and appellate courts, obtaining a decision which protected trustee interpretations of ERISA benefit plans nationwide

Defended plan trustees against claims of breach of fiduciary duties and prosecuted subsequent action and settlement on behalf of trustees against carrier for failure to provide coverage under fiduciary liability policies.

Counseled a multiemployer health and welfare plan on compliance with health care reform.

Represented construction manager in obtaining dismissal from construction defect litigation.

Represented an owner and founder of company against investor claims of breach of fiduciary duties and breach of contractor arising out of failure to repay conditional loan.

Obtained an appellate decision establishing the immunity of developers to class action prevailing wage claims through representation of general contractor, developer, and surety of master planned commercial and residential community against class action claims by employees seeking to represent all employees of all construction employers on the master planned development and claiming alleged underpayment of wages under California's Prevailing Wage Law.

Litigated individual and class action prevailing wage claims and authored numerous briefs submitted to California's Supreme Court and Courts of Appeal addressing the interpretation and application of the prevailing wage law.

Defended a general contractor against labor compliance program wage and penalty assessment in administrative hearings before Department of Industrial Relations.

Defended a general engineering contractor against claims by electrician union and related trust funds for contributions and employees' dues on behalf of workers performing work on the MTA Exposition Line light rail and related projects.

Defended a non-profit performing arts center against employee claims of retaliation and wrongful termination arising from claims of unsanitary conditions at work place.

Defended a payroll company against Employment Development Department assessments for State unemployment insurance contributions.

Obtained complete dismissal by demurrer of wrongful termination and tort claims brought by dozens of employees against hotel developer and operator.

Represented and coordinated defenses of a building owner against workers' compensation claims and civil negligence and wrongful injury claims arising from injury to employee of painting contractor.

Represented a commissioned sales employee in claim for unpaid commission compensation.

Represented a developer/owner in arbitration proceedings for interpretation and enforcement of project labor agreement terms.

Represented an industry association in multiple appeals before the California Courts of Appeal and California Supreme Court as amicus curiae in relation to application and interpretation of California's prevailing wage law and California Charter City Constitutional Exemption.

Defended a homebuilder against Fair Housing Act, unfair competition, and racial discrimination claims brought by prospective buyer.

Obtained closure of employees' EEOC and state administrative charges against separate employers in Hawaii and Texas, alleging unlawful sex and religion discrimination and hostile work environment.

Defended ERISA health and welfare trust funds against claims by hospital service provider of violations of ERISA, RICO violations, and interference with contract arising out of reimbursement re calculations.

Defended a general contractor against ERISA trust fund claims for contributions under project labor agreement.

Defended trustees of against claims by subsequent trustee of violations of ERISA, fiduciary duties and prohibited transaction rules.

Represented an ERISA pension plan in withdrawal liability case and on appeal to enforce judgment.

Represented ERISA trust funds as interested parties in Department of Industrial Relations enforcement action for non-payment of prevailing wages and fringe benefits under Los Angeles Unified School District project labor agreement.

Represented developers, contractors, and contractor associations before Department of Industrial Relations in various project determination and administrative appeals determining application and interpretation of California Prevailing Wage Law to construction projects.

Defended against class action and certification of class of construction employees alleging nonpayment of prevailing wages for work performed on distribution center construction.

Defended the developer of former Fort Ord property against action by local building trades to impose prevailing wage requirements on all construction on former Fort Ord property based on deed covenants and development agreement requirements.

Defended a general contractor against employee class action claims for unpaid wages under California's prevailing wage law.

Defended a master planned community developer and general contractor against employee class actions claims for unpaid wages brought by employees of all contractors and subcontractors performing work on the master planned community and seeking to enforce prevailing wage law requirements.

Prosecuted action on behalf of employees against general contractor for failure to pay prevailing wages, violation of California's unfair competition law (B&P Code § 17200), and RICO violations.

Represented a developer in administrative appeal before the Director of the Department of Industrial Relations regarding application of prevailing wage law to commercial redevelopment project.

Represented an employee class on appeal in relation to interpretation and enforcement of prevailing wage law against public agency.

Represented a master developer of former military property against claims that prevailing wages requirements be imposed on all commercial and residential construction to be performed in the redevelopment, which claims were based on alleged deed covenants, development agreements, and California's Prevailing Wage Law.

Defended a general contractor against class action claims of employees seeking wages and penalties for meal periods and rest breaks.

Defended a general contractor employer against initial wage and hour class action under IWC Wage Order No. 16 and Labor Code §§ 510 and 514.

Defended a large general contractor/builder of heavy construction – including infrastructure, highway, bridges, dams, etc. – against class action claims for unpaid meal period, waiting time penalties, and violation of California's Unfair Competition Law.

Represented a contractor against wage and penalty assessment by Los Angeles Unified School District Labor Compliance Program for nonpayment of wages and delayed production of certified payroll records.

Represented a multi-state employer against class action claims for unpaid wages, overtime, meal and rest period violations, and related penalties and claims on behalf of California employees.

Advised in establishment of U.S. platform for real estate development and property management by foreign institutional investment manager, including creation of national employment policies, practices and agreements.

Counseled employer termination of employees and successfully obtained closure of subsequent EEOC and state administrative charges in multiple states.

Represented a Canadian corporation in acquisition of a series of heavy equipment dealerships with respect to employment issues, compliance, risk management, and consolidation of workforce and employment practices.

Defended a currency exchange company against employee claims of unlawful termination and unlawful discrimination based on disability, gender, medical condition, and for failure to accommodate and prevent discrimination.

Defended a developer/property manager against employee claims of unlawful discrimination based on religion.

Represented a homebuilder in conducting employment investigation and audit and follow up to claims of sexual harassment and/or gender discrimination.

Defended an ERISA pension plan against multiple actions seeking payment of participant pension benefits.

Defended an ERISA pension plan against participant class action seeking payment of pension benefits pursuant to terms of the Plan.

Defended an ERISA pension plan against participant suit seeking pension benefits and on appeal against novel interpretation of application of vacation hour contributions for vesting purposes.

Defended an insurance company as surety on public works payment bonds against employee class action claims for unpaid prevailing wages.

Represented the trustees of a fund against multiple carriers for breach of contract and of the covenant of good faith and fair dealing in refusal to provide a defense and coverage under officers and director's policy.