The California Insurance Commissioner’s authority to require carriers to file key policy documents for pre-approval and – more importantly – to void those agreements that were not filed was reaffirmed and reinforced by a Los Angeles Superior Court. “The big takeaway from this is that under Insurance Code section 11737, the Commissioner has the authority…Details
There is potentially some more bad news for California employers affected by the recent wave of “independent contractor” decisions. The California Court of Appeal recently held that the ABC test as outlined in the 2018 California Supreme Court Dynamex decision applies retroactively to pending litigation on wage and hour cases. The opinion in Gonzales v.…Details
The Court of Appeal concluded that many of the disputed wage and hour claims in an underlying lawsuit are potentially subject to coverage under an employment practices liability insurance (“EPLI”) policy despite a wage and hour exclusion. Southern California Pizza Company, LLC (“SCPC”) was named as a defendant in a putative class action lawsuit alleging…Details
The California Department of Insurance has ordered that Applied Underwriters’ California Insurance Company issue no new or renewal policies. The order applies to all new or renewal policies, including those in SolutionOne, JumboGC, and the controversial EquityComp. Nick Roxborough shares his thoughts here.Details
As published in the San Fernando Valley Business Journal on September 19, 2019. About 400 people appeared at the Warner Center Marriott Woodland Hills on Wednesday as the United Chambers of Commerce held its 15th Annual Richard Leyner Mayor’s Luncheon with Los Angeles Mayor Eric Garcetti as keynote speaker. United Chambers’ chair, Armida Colmenares-Stafford, introduced…Details
The article below was featured in Business Insider on July 24, 2019. A legislative effort to raise the compensation for qualified medical examiners in California aims to help quell the loss of doctors working on cases involving injured workers. Qualified medical evaluators are physicians certified by the California Division of Workers Compensation Medical Unit to…Details
RPNA’s Nicholas Roxborough attended last week’s National WCIRB Annual Conference, where he spoke on the Dynamex issue and also served as a moderator on the California Consumer Protection Act of 2018.
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,…Details
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…Details
As many business owners are aware, the California Supreme Court recently threw employers a serious curveball with respect to how employers must calculate overtime. Adding to the confusion, the Court stated employers should have been aware of this calculation method even though the same California Supreme Court declared it void over 20 years ago.