In a recent Workers’ Comp Executive article, RPNA co-managing partner Nick Roxborough was asked to comment on California Insurance Commissioner Dave Jones’ decision regarding Applied Underwriters’ EquityComp Program. Roxborough said he wouldn’t be surprised if Applied Underwriters’ certificate is eventually pulled stating that the decision “effectively kills the program in California as it exists now.” The RPA (reinsurance participation…Details
RPNA co-managing partner, Nick Roxborough, was honored by United Cerebral Palsy of Los Angeles at the 20th Annual UCP Golf Tournament on June 6. More than 300 people attended the tournament and gala dinner that followed, raising approximately $400,000 for the organization.
As the former President of the Spastic Children’s Endowment Foundation, having served as the Chairman of the Board of Directors and currently winding up his term as Chairman of the Board of Governors, Nick has been deeply committed to supporting the UCP Family and their mission for the last 28 years.
A highlight of the evening was a special video tribute to Nick by Los Angeles Mayor Eric Garcetti, who acknowledged Nick’s accomplishments and impact on the city of Los Angeles:Details
For the first time since 2005, the United States Department of Labor has issued an updated regulation automatically extending overtime pay eligibility to 4.2 million “white collar” workers previously exempted from the Fair Labor Standards Act overtime pay requirements. The updated regulation is almost certain to swell payroll costs and increase wage and hour lawsuits.
Under the current regulations, a “white collar” worker, otherwise meeting the standard duties test to be considered exempt from overtime, must be paid a salary of $455 per week ($23,660 annually for a full-year worker). The updated regulation more than doubled the minimum salary required for an employee to be exempt from overtime (to $913 per week, $47,476 annually for a full-year worker).Details
Sandquist v. Lebo Automotive Inc. may seem like a typical employment lawsuit. However, it involves a very significant issue that has now been taken up to the California Supreme Court for resolution. The issue is who determines whether a class claim may be brought and heard before an arbitrator—the court or the arbitrator itself —when the arbitration agreement is unclear or silent as to whether class claims may be brought through arbitration. The high court’s ruling will potentially affect all employers.
The underlying facts of the Sandquist case revolve around a discrimination claim by an employee, pled as both individual and class claims. The plaintiff had signed an arbitration agreement, and as such, the defendant filed a motion to compel arbitration, which was granted by the court. Of significance is the court’s ruling that the plaintiff was bound to an individual arbitration claim and could not pursue a class claim at all.Details
With the prevalence of class action lawsuits in an employee-friendly state like California, employers must be aware of proper time card rounding policies and what work is being conducted off the clock by their employees.
The Ninth Circuit Court of Appeal recently issued a pro-employer decision approving the use of time card rounding and solidifying the application of the de minimis rule in California.Details
The issue of reimbursable expenses is often a hot topic amongst employees and their employers. While it seems obvious, for example, that an employee who uses his personal car to perform a work ‘errand’ will be reimbursed for his mileage, it is not often so cut and dry. What about the technician who buys his own truck, the gardener who purchases his own tools, or the production worker who purchases his own uniform? Are these reimbursable expenses for the employee? One of the most common alleged wage and labor violations involves disgruntled employees claiming they were not properly reimbursed for business expenses.
The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay for employees in the private sector and in Federal, State, and local governments. Additionally, the FLSA requires that employers pay an employee’s wages finally and unconditionally. If an employee is required to return some portion of wages—whether directly or indirectly (such as through purchasing his own supplies, gas, etc…)—and that “kickback” puts the employee’s hourly rate below the minimum wage, then the employer has violated the FLSA’s minimum wage requirement.Details
RPNA attorneys Nicholas Roxborough, Joseph Gjonola and Ryan Salsig won a victory for California workers’ comp policyholders with the recent court decision stating Applied Underwriters, a subsidiary of Berkshire Hathaway, can’t enforce the arbitration provision in side agreements that were not filed with the Workers’ Compensation Insurance Rating Bureau (WCIRB).
What makes this March 16 decision in RPNA’s case Luxor Cabs v. Applied Underwriters Captive Risk Assurance Company significant is that it’s the first decision in a California court to state expressly it is the court, not arbitrators, who will decide whether or not arbitration clauses are enforceable. It is also the first California decision to state expressly that arbitration clauses are void and unenforceable when the underlying agreements have not been filed with the WCIRB, an issue being litigated in many other jurisdictions across the country.Details
Federal Court Denies Motion To Dismiss Racketeering Claims Against California’s Largest Workers’ Comp Carrier
A U.S District judge has denied motions filed by State Compensation Insurance Fund (SCIF) and EK Health Services Inc. to dismiss conspiracy, trade libel and RICO claims against them, allowing Electronic Waveform Lab to proceed with its civil complaint, according to plaintiff attorney Nicholas Roxborough of Los Angeles based law firm Roxborough, Pomerance, Nye & Adreani LLP (RPNA).
“Now, neither State Fund nor EK Health can escape from the fact that they conspired in their attempt to put Electronic Waveform out of business, at the expense of injured workers who were suffering from pain and had work-related conditions,” says Roxborough.Details
Throughout 2015, the legislature passed a number of laws that have now taken effect in the new year, and which will affect the employer-employee relationship. Below is a brief summary of some of the more important laws, and how they may impact you as an employer.
The Fair Pay Act, SB 358, amended Labor Code section 1197.5 to broaden prohibitions against gender pay disparities. This has multiple repercussions on an employer. First, the act no longer requires that employees must work at the same establishment to have standing to seek equal pay as another employee.Details
Workers’ Comp Executive featured RPNA’s recent win for 63 farm labor contractors, ensuring they can continue to self-insure their workers’ compensation. The article highlights how this final DIR decision ends a year-long fight which began when OSIP moved to “revoke the companies’ certificates to self-insure claiming it was required to so under the terms of…Details
Los Angeles employers’ rights firm Roxborough, Pomerance, Nye & Adreani, LLP announced today that Nicholas Roxborough and Ryan Salsig secured a win for their clients in a case against the California Department of Industrial Relations (DIR) and the Office of Self Insurance Plans (OSIP), who had sought to revoke the certificates of consent to self-insure of licensed California farm labor contractors Esparza Enterprises, Inc.; Valley Harvesting & Packing, Inc.; and affiliate members of California Farm Management Inc. (CFM), a self-insured group (SIG) managed by Self-Insured Solutions. All told, OSIP had sought to revoke the certificates of consent to self-insure of sixty-three different farm labor contractors based solely on their status as licensed farm labor contractors.Details
Workers’ Comp Executive recently studied the issue of whether or not the Division of Workers’ Compensation is biased against RPNA client Electronic Waveform Labs, maker of the H-Wave electronic stimulation device.
According to the article, the dispute stems from the proposed update of the Medical Treatment Utilization Schedule’s chronic pain guidelines and the development of a new section on opioids, where electroanalgesia, or H-wave therapy, is eliminated. The proposed regulations as amended either preclude the use of the device to treat injured workers in California or impose such a burden as to make it impractical for a doctor to recommend its usage.Details