On October 14, 2016, seasoned business litigator Drew E. Pomerance will be speaking at the Valley Industrial and Commerce Association (VICA) Business Forecast Conference at the Hilton Hotel, Universal City, California. Mr. Pomerance will join a small panel of experts to discuss how businesses can deal with and protect themselves from wage and hour and…
DetailsWhen it comes to cases against Applied Underwriters, RPNA’s Nick Roxborough is the go-to expert for commentary. Workers’ Comp Executive reached out to Nick regarding the most recent lawsuit against Berkshire Hathaway’s subsidiary filed in New York. The plaintiff is seeking a $6 million bond and at least $18 million in trebled damages. According to…
DetailsWorkers’ Comp Executive recently reached out to Nicholas Roxborough to comment on the new cease and desist order signed by California Insurance Commissioner Dave Jones, barring Applied Underwriters from selling its EquityComp program in California. Roxborough told Workers’ Comp Executive that, “the Order provides additional evidence that Applied has engaged in wrongdoing. It provides exquisite foundational evidence for existing lawsuits,…
DetailsA trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information that is not generally known or reasonably ascertainable by others, and by which a business can obtain an economic advantage over competitors. Many businesses survive on their ability to keep their trade secrets, well, secret. For this reason,…
DetailsIt’s political season and everyone seems to have something to say, including (not surprisingly) the Equal Employment Opportunity Commission (EEOC). According to the EEOC, wearing a hat that states “Don’t Tread on Me” to work could potentially be a form of racial harassment. The phrase comes from the Gadsden flag, which is a historical American…
DetailsIt is time to carefully review arbitration agreements and class action waivers. A few days ago the California Supreme Court delivered its highly anticipated ruling in the Sandquist v. Lebo Automotive case on the issue of whether it is the court or the arbitrator who decides whether an employment law case can proceed as a…
DetailsMany business owners feel as though operating within the City of Los Angeles is not an easy task and, unfortunately, the City has recently made it even more challenging. As of July 1, 2016, employers covered by both the California Healthy Workplaces, Healthy Families Act of 2014 (more on that here) and the City Ordinances…
DetailsEmployers in California must be increasingly cognizant of the Americans with Disabilities Act (ADA) as it applies to employees and prospective employees. Title 1 of the Act specifically prohibits employers with 15 or more employees from discriminating against workers who have a disability. An individual with a disability is a person who: · Has a…
DetailsAn employee wellness program, also called a “worksite wellness program”, is intended to promote and support employee health, safety, and well-being and “increase productivity, boost morale, and reduce stress”. Following a handful of discrimination lawsuits relating to these programs, the Equal Employment Opportunity Commission (EEOC) recently issued two new rules under the Americans with Disabilities…
DetailsIn an unusual unanimous ruling, the United States Supreme Court recently upheld a whistleblower’s claim (Universal Health Services v. U.S. ex rel. Escobar). With the ruling, the Court affirmed the “implied certification theory” of liability under the False Claims Act (FCA), which permits contractors to be liable for fraud when they fail to disclose material…
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