RPNA Partner Drew Pomerance is joining the esteemed Employment Law Panel at CAALA’s Annual Las Vegas Convention on September 1, 2017 at the Wynn Hotel. The expert panel will present hot topics in employment law such as wrongful termination, gender and racial discrimination, equal pay, and whistleblower cases. Mr. Pomerance will be focusing on the latest developments in wage and hour law, including “off-duty” rest breaks, “on-call” meal periods, “call-in” scheduling, and class action waivers. He will also provide an update on PAGA claims and key legislation to watch. Mr. Pomerance is a regular speaker at the Consumer Attorneys Association of Los Angeles’ annual conference, touted as the largest convention of trial attorneys in the nation with over 2,800 attendees. For more information about the conference and to register, visit http://caalavegas.org. To learn more about Mr. Pomerance’s practice, click here.
RPNA Partner Drew Pomerance is scheduled to speak on August 29, 2017 at the California HR Conference (CAHR) in Long Beach. As one of the principal attorneys in the landmark Supreme Court decision in Augustus v. ABM, he will be exploring the impact of this ruling on rest break requirements and clarify employers’ obligations to employees. He will also offer the latest strategies employers can use to minimize their exposure to wage and hour litigation and protect themselves from class action suits, which can spiral out of control and result in a huge uninsured risk.
The issue of Applied Underwriters’ ‘bait and switch’ marketing tactics to sell its workers’ compensation product was the focus of a recent San Fernando Valley Business Journal Article. The article highlighted RPNA’s case against the Berkshire Hathaway subsidiary (Luxor Cabs v. Applied Underwriters Captive Risk Assurance Company) as well as a similar case (Shasta Linen Supply, Inc. v. Applied Underwriters, Inc.), which prompted the California Department of Insurance (CDI) to hold Applied Underwriters accountable for its unlawful practices and comply with well recognized state filing requirements.
Referencing CDI’s settlement with Applied Underwriters, Nick Roxborough stated, “The settlement is a good first start for policyholders of Applied Underwriters in that it renders the Shasta Linen decision precedential for all policyholders similarly situated to the Shasta Linen plaintiffs.”
Drew Pomerance was named by the Los Angeles and San Francisco Daily Journals as one of the top labor & employment lawyers in California. More than 175 lawyers, judges, and in-house counsel from around the state attended the special reception held at The Montage in Beverly Hills on July 18 to honor those selected for this prestigious award.
Decision shows employers and excess carriers are on same footing in TPA claims mishandling
RPNA won a significant claims mishandling case on behalf of Swiss Re, one of the world’s leading providers of reinsurance. After a three week trial, the superior court ruled that Sedgwick TPA Specialty Risk Services (SRS) committed seven distinct acts of negligence in handling a workers’ compensation claim that caused damages of nearly $6.8 million. Combined with prejudgment interest, the verdict totals in excess of $9.1 million.
“We litigated tenaciously for years,” explains RPNA partner Michael Adreani, who co-tried the case with RPNA senior partner Drew Pomerance. “It’s probably the most contentious litigation I’ve ever handled.”
Last week, the California Department of Insurance (CDI) reached a settlement agreement with Applied Underwriters, holding the Berkshire Hathaway subsidiary accountable and ending its bait-and-switch marketing tactics to sell its workers’ compensation products. Applied Underwriters has agreed to drop its petition to block the CDI’s enforcement action and come into compliance with well recognized state filing requirements.
Applied Underwriters’ products has spurred a wave of litigation and enforcement actions from regulators in multiple states, including Vermont, Wisconsin and New York. In the California cases Luxor Cabs v. Applied Underwriters Captive Risk Assurance Company—which was successfully handled by RPNA—and Shasta Linen Supply, Inc. v. Applied Underwriters, Inc., the courts ruled against Applied Underwriters, voiding its EquityComp Reinsurance Participation Agreement since it was not filed with the CDI and was therefore unenforceable.
RPNA joined forces with Lockton to present an informative session at this year’s National RIMS Conference in Philadelphia, titled “Walking the FMLA-ADA-Workers’ Compensation Tightrope.“
RPNA Co-Managing Partner Drew Pomerance and Lockton Vice President Tamara Johnson discussed the interactive process between FMLA, the ADA, and workers’ compensation claims. They offered effective strategies and processes to minimize exposure to civil claims while improving claims outcomes for guaranteed cost, self-insured retention or qualified self-insured coverage. Additionally, they helped risk managers unravel the confusion caused by increased regulation and shared their insights on how to equip workers with the correct information and benefits, while being an advocate for their recovery.
Supreme Court Reinstates $89 Million Judgment in Landmark Class Action Employment Suit
Decision expected to carry significant ramifications for the California workplace for years to come.
The Supreme Court of California today overturned an appellate court ruling in the landmark case of Augustus v. ABM Security Services, ending an eleven-year battle and upholding the trial court decision that “on-duty” rest breaks are in violation of California wage and hour laws. The court reinstated the trial court’s award of $89.7 million in wages, interest and penalties to a class of approximately 15,000 former and present ABM security guards. Lead counsel for the class were Drew Pomerance and Michael Adreani of Roxborough, Pomerance, Nye & Adreani, LLP (RPNA).
The Supreme Court’s precedential decision clarifies and sets forth the standard for all California employers to easily follow: that employees need to be relieved of all duties during their rest break.
It was a chance meeting at a UC Berkeley dorm forty years ago that eventually led partners Nick Roxborough and Drew Pomerance to establish their own law firm, what is known today as Roxborough, Pomerance, Nye & Adreani LLP (RPNA). Few law firms are founded on friendships and fewer sustain a solid forty-year relationship. It was for this reason,…
The use of medical marijuana in the California workplace has been a popular, if not confusing, topic as of late. With conflicting views on medical marijuana usage at the federal and state levels, many employers are understandably perplexed, if not a little nervous, while attempting to walk the fine line between federal law (which continues to recognize marijuana as an illegal substance) and contrary state laws (permitting marijuana both for medical and recreational use).
Perhaps a recent case out of a federal court in California will help shed some light on the matter. The case involves an employee who had worked at Kohl’s Department Stores for five years when he was diagnosed with anxiety and given a prescription for medical marijuana. He did not inform his employer of his drug use.