New Overtime-Pay Rule Expected to Swell Payroll Costs and Increase Wage and Hour Lawsuits

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.…

9th Circuit Scores One For Employers!

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…

Courts Decide Whether Arbitration Clauses Are Unenforceable, Not Arbitrators

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…

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…

Employment Law Update For 2016

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…

RPNA Secures California Farm Labor Contractors’ Right To Self-Insure Their Workers’ Compensation

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…

Nicholas Roxborough Speaks at CWC & Risk Conference

Nicholas Roxborough spoke at the CWC & Risk Conference at the St. Regis Monarch Beach hotel in Dana Point on October 1. More than 1,500 risk management professionals convene to learn from industry experts about cost containment solutions for employers, identify best practices, and network. The highly interactive session, titled “Employers, Brokers, Attorneys and TPAs–Saving…

‘Business Insurance’ Features Drew E. Pomerance in Article on FLSA Audits

A recent article in Business Insurance touched on new Labor Department guidance on classifying workers as employees versus independent contractors, which is expected to increase litigation against employers. Experts recommend that firms, particularly those with a significant number of independent contractors, conduct an audit now to ensure they are classified properly under the Fair Labor…