Mi Kim, Esq. Joins Roxborough, Pomerance, Nye & Adreani, LLP
We want to share the exciting news that Mi Kim, an extraordinarily talented trial, appellate and policy making lawyer, has joined Roxborough, Pomerance, Nye & Adreani, LLP.
Two New Decisions Affecting California Employers
1. “Call-In” Shifts Trigger Reporting Time Wages On February 4, 2019, a divided panel of the California Court of Appeal, in Ward v. Tilly’s Inc., held that certain on call scheduling triggered the Wage Order’s reporting time pay requirements, effectively putting an end to a common scheduling practice in California. In this case, employees of Tilly’s,…
US Supreme Court Decision New Prime Inc. v. Oliveira Re: Arbitration Agreements
In the recent case of NEW PRIME INC. v. OLIVEIRA, the United States Supreme Court carved out an important exception to the rule that arbitration agreements are typically enforceable to prevent employees from bringing actions in court, when it ruled unanimously that workers engaged in interstate commerce can avoid arbitration agreements and have their grievances…
New California Sexual Harassment Training Requirements 2019
New California law requires that all employers of five or more employees must provide one hour of sexual harassment and abusive conduct prevention training to non-managerial employees and two hours of sexual harassment and abusive conduct prevention training to managerial employees once every two years. Prior law only required training of supervisory employees. Under the…
Drew Pomerance Selected to American’s Top 100 Civil Defense Litigators
January 28, 2019 – Roxborough, Pomerance, Nye & Adreani, LLP is pleased and honored to announce that Drew Pomerance has been selected to America’s Top 100 Civil Defense Litigators® for 2019. Selection to America’s Top 100 Civil Defense Litigators® is by invitation only and is reserved to identify the most exceptional Civil Defense Litigators throughout the nation. Candidates…
RPNA Obtains Precedential Publication of the Luxor Decision
Another Arbitration Agreement Declared Unenforceable In a recently published decision, the Court of Appeal refused to enforce the unlawful arbitration clause found in Applied Underwriters’ Reinsurance Participation Agreement (RPA) with Luxor Cabs, one of the oldest cab companies in San Francisco. The decision, originally filed on December 4, 2018, was certified for publication on January 3, 2019, in response to…
Decision in RPNA’s Case Now Precedent
Applies to All Carrier Agreements In Similar Disputes. The Appellate Court has now published its recent decision in Luxor Cabs, which held that the delegation clause and arbitration provision in Applied Underwriter’s unfiled and unapproved reinsurance participation agreement (RPA) were unenforceable. The implications of this action are significant to California employers. First, now that the…
RPNA Continues to Protect Unwitting Employers From Unfair Terms in Side Agreements
Dozens of Cases Against Applied Underwriters Pending. The California Department of Insurance (CDI) just handed down two more decisions within days following its precedential decision in favor of RPNA’s client Platinum Security. These cases address the same issues that the CDI had ruled on more than two years ago, which ended the dispute over the…
The ADA and Reasonable Accommodations
Under the ADA, employers are required to provide reasonable accommodations to qualified individuals with disabilities. Indeed, failure to provide an accommodation is considered a form of disability discrimination and can open the business to potential legal claims. So how do you know when you need to provide such an accommodation?
Updating Employee Handbooks – Is It Too Late for 2019?
As we have discussed at length in various blog posts (take a look here and here), maintaining employee handbooks is a critical necessity for businesses operating in the every-changing employment law environment of California. Preparing, maintaining, and updating a handbook that reflects the policies of your company and your operations takes time and expertise, and…