As California’s “shelter in place” Order enters its third full week, RPNA has worked closely with numerous business clients to plan their legal needs for the difficult times ahead. One of the questions RPNA is getting a lot is, “Do I have insurance coverage for this?” For those businesses that have purchased “business interruption” coverage,…
Support for AB 5 and its “ABC test” aimed at classifying more workers as employees rather than independent contractors appears to be growing due to the Coronavirus pandemic. The federal, state and local government restriction on businesses and mobility have vastly limited the availability of work. Independent contractors, who are not entitled to unemployment benefits…
Last week, on behalf of a group of qualified medical examiners (QMEs), Nicholas Roxborough sent a letter to the Division of Workers’ Compensation (DWC) to issue an emergency regulation specifically allowing QMEs to perform evaluations via telemedicine during the current COVID-19 outbreak, not only to keep the cases moving but also to protect the health and…
A court will hear the State Compensation Insurance Fund’s contention that its tiered rating system algorithm was appropriately filed with the California Department of Insurance. State Fund convinced the court to reject requests by the CDI and an employer to deny State Fund’s petition– but just barely. The case affects the tier modifiers; it applied…
RPNA is at the forefront of protecting employers from all aspects concerning the workers compensation program. However, when Governor Gavin Newsom proposed an $18 billion budget, a little noticed provision also included millions of dollars more for the Department of Industrial Relations (“DIR”). It is obvious that California employers can expect more investigations of worker…
For over 30 years, the law firm of Roxborough, Pomerance, Nye & Adreani has been defending the rights of employers, Primary Treating Physicians, and Qualified Medical Evaluators against discrimination, fraud, and malfeasance by California’s powerful workers compensation carriers, third party administrators, and even the Division of Workers Compensation. Recently, Mr. Roxborough and his firm defended…
In yet another decision which diverges from federal interpretations of wage laws, the California Supreme Court held that the time employees spent at the end of each shift for an onsite security check was compensable under the applicable wage orders. In Frlekin v. Apple, employees sued Apple for the implementation of its “Employee Package and…
The federal Department of Labor (DOL) recently announced a four-factor test for determining joint employer liability in various employment scenarios under the Fair Labor and Standards Act (FLSA). This is the first major revision to the FLSA about joint employer determinations since it was promulgated in 1958. In addition, the Dynamex decision and AB5 have thrown…
In California, few industries are as heavily regulated as is the insurance industry. California has perhaps the strongest insurance laws in the nation designed to protect its policyholders, including regulations to ensure that carriers have sufficient resources to pay claims, to control the manner in which premiums are calculated, and to regulate specific language within…
The California legislature has been busy. There are numerous new and significant employment laws effective January 1, 2020. Employers should take note of the following key developments and should review their policies and practices—preferably with counsel—to ensure they are in compliance so as to limit any potential exposure. Minimum Wage and Minimum Salary Basis Increase (Labor…