Recent California court decisions have begun to show a trend of judicial hostility towards the enforcement of employment arbitration agreements in certain circumstances. In light of this trend it may be time to reexamine dated arbitration agreements and practices. In the past few years, the legal landscape surrounding arbitration agreements has changed quite a bit. …
Amidst charges of unapproved and uncollateralized loans to affiliates, unapproved property transfers, the California Department of Insurance’s Conservation and Liquidation Office says it is drafting a unilateral “rehabilitation” plan for California Insurance Company (CIC). The plan will transfer its policies to another carrier and resolve the numerous filed lawsuits pending between Applied Underwriters / CIC…
As we discussed in a recent blog post, Governor Gavin Newsom signed an executive order creating a rebuttable presumption that a California employee who contracts COVID-19, contracted it in the course of their employment and will be entitled to workers’ compensation benefits. The question left unanswered is how the rebuttable presumption will be applied in…
Without question, COVID-19 has changed the way lawyers practice law and businesses resolve disputes. Whether that change will be temporary or permanent is yet to be seen. At the present time, many courts in California are closed or offer severely limited access and have restricted the ability to file all but the most time-sensitive matters,…
As California begins its phase-by-phase reopening process Friday, Gov. Gavin Newsom’s executive order creating a rebuttable COVID-19 presumption has cast a shadow of uncertainty for insurance carriers and employers. Governor Newsom’s long-awaited executive order creates a rebuttable presumption stating that all employees who contract COVID-19 at their place of work while at the direction of…
Yesterday, Governor Gavin Newsom signed an executive order creating a rebuttable presumption that a California employee who contracts COVID-19 contracted it in the course of their employment. This would entitle the employee to workers’ compensation benefits, unless the employer successfully proved they did not contract it at work. In a normal workers’ compensation claim, the…
In these uncertain times, businesses are being forced to consider drastic measures to weather the current economic crisis, including potential reductions in the workforce. However, businesses need to be aware of their obligations under both the federal and California Worker Adjustment and Retraining Notification (WARN) Act prior to implementing any mass layoff, relocation, or termination…
RPNA is excited to announce the launching of its mediation and arbitration practice, headed by Senior Partner Drew Pomerance. Although Mr. Pomerance continues to maintain his full-time litigation practice, he is now also available for mediations and arbitrations in employment, insurance and complex business cases. As a Co-Founding member of the firm, Mr. Pomerance has…
On April 17, we sent you an email alert about the Workers’ Compensation Insurance Rating Bureau’s (“WCIRB”) proposed regulatory changes to payroll reporting and the classification of payroll and claims. The changes included allowing the Clerical Office classification to be used for many employees who are now working from home, excluding COVID-19 workers’ compensation claims…