Exciting News from RPNA! Our partner, Joseph Gjonola, continues to make a significant impact on California arbitration law. His groundbreaking work in on Lonky v. Patel (2020) 51 Cal.App.5th 831 has been cited as the primary authority in the recent Ortiz v. Elmcrest Care Center (2024) decision, published just last week by the California Court of…
DetailsEmployers Must Have a Written Plan for the Prevention of Workplace Violence by July 1, 2024 On March 11, 2024, RPNA circulated an E-Blast on Senate Bill 553, setting a groundbreaking precedent that requires nearly every California business to craft a meticulous plan against workplace violence. The Plan must be in place on or before…
DetailsWe have important news to share regarding a significant development that offers much-needed relief to employers struggling with PAGA (Private Attorneys General Act) claims. Governor Gavin Newsom and legislative leaders have announced a groundbreaking agreement to reform PAGA, which will keep the contentious measure off the November ballot. Reform Agreement Reached: • Governor’s Announcement: On…
DetailsBreaking News: Federal Court Upholds California Law Defining Employees vs. Independent Contractors The Ninth Circuit Court of Appeals has recently upheld California’s AB5, the landmark legislation which redefined how courts determine whether workers are independent contractors or employees. This decision has significant implications for employers across the state. Overview of AB5: AB5, enacted in 2020,…
DetailsThe California Court of Appeal has indicated that provisions of the Federal Arbitration Act (FAA) may preempt California’s stricter requirements under Code of Civil Procedure section 1281.97. This section imposes severe penalties for the untimely payment of arbitration fees in employment and consumer arbitrations. Key Points of Section 1281.97: • Strict Penalties for Late Payment:…
DetailsWe want to bring to your attention to a significant legal trend that could impact your compliance strategies. Recent class action lawsuits filed against Starbucks in California, and against McDonalds and Amazon in other states, underscore the crucial importance of adhering to state laws regarding lactation accommodations for breastfeeding/nursing employees who need to pump at…
DetailsThe ripple effects of the COVID-19 pandemic continue to shape our legal landscape. A recent ruling in California might have a significant impact on how employers manage furloughs. By: Muhammed T. Hussain Key Takeaways from Hartstein v. Hyatt Corp. The Situation: Employees were furloughed in March 2020 and terminated in June 2020. They argued that Hyatt…
DetailsAs most employers in California are aware, in June of 2022, the U.S. Supreme Court held in Viking River Cruises, Inc. v. Moriana (“Viking River”) that Private Attorney General Act (“PAGA”) actions could be split into individual and non-individual claims and the individual claims could be subject to arbitration. The Court expressed its view that…
DetailsRPNA Partners Drew Pomerance and Vince Gannuscio last week won a jury trial against a major workers’ compensation insurance carrier, when the jury rendered its verdict in favor of RPNA’s employer client. The carrier originally sued RPNA’s client, a nurse staffing company, back in 2015, alleging that the employer failed to properly report all of…
DetailsAuthor: Joseph C. Gjonola Recently, the California Supreme Court accepted a Petition for Review filed by RPNA on behalf of our extraordinary client SANTA YNEZ BAND OF CHUMASH MISSION INDIANS, in their lawsuit against Lexington Insurance Company for business injury coverage triggered by the COVID-19 pandemic. In the face of extensive documentary and expert…
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