The California Court of Appeal’s decision in Chavez v. California Collision, 2024 WL5064368, has significant implications for wage and hour claims, particularly in the context of settlement offers and attorney’s fees. While Code of Civil Procedure § 998 typically allows cost recovery if a settlement offer is rejected and a worse judgment is obtained, this case clarifies that…
On September 28, 2024, California Governor Gavin Newsom signed the Freelance Worker Protection Act (FWPA) into law, effective January 1, 2025. This law enhances protections for freelance independent contractors, requiring businesses to obtain written contracts for specified professional services, and requiring that such freelance workers are timely paid. Here are some key elements of the…
A new California law which became effective in March 2024 has made California employers scramble to implement effective privacy protection policies for their employees. The new law, the California Privacy Rights Act (“CPRA”), imposes the requirements of existing privacy rights law to personal data that employers obtain from their employees, leaving many of them asking…
The ripple effects of the COVID-19 pandemic continue to shape our legal landscape. A recent ruling in California might have a significant impact on how employers manage furloughs. By: Muhammed T. Hussain Key Takeaways from Hartstein v. Hyatt Corp. The Situation: Employees were furloughed in March 2020 and terminated in June 2020. They argued that Hyatt…
First, we want to wish everyone a very happy, and above all, healthy New Year for 2022! RPNA is also pleased to let all of its friends, colleagues, and clients know that Nicholas Roxborough was recently elected to be the 2022 Chair of the COIN Advisory Board. As you may already know, the COIN Advisory…
Roxborough, Pomerance, Nye & Adreani is thrilled to announce the appointment, by Speaker of the Assembly, Anthony Rendon, of its partner, Nicholas Roxborough, to the California Commission on Health and Safety and Workers’ Compensation (CHSWC). The Commission is a statutorily created joint labor-management body charged with examining the health and safety and workers’ compensation systems in…
Are collateral and indemnity agreements used in a large deductible workers’ comp policy legal even though the carrier neglected to file them before use? And if they are, do they apply even though there was no signed agreement until three months into a staffing company’s policy? Read the full article in Workers’ Comp Executive. These…
The San Fernando Valley Business Journal turned to the leading employment attorneys and experts in the Valley, and managing partner Drew Pomerance was included. Drew and his colleagues provided their assessments regarding the current state of labor legislation, what changes have come to the labor law landscape in light of the COVID pandemic, the new…
Drew Pomerance, Senior Partner at Roxborough Pomerance Nye & Adreani, LLP lends his years of insurance litigation experience to an article he authored which appears in this month’s edition of FORUM Magazine, published by the Consumer Attorneys of California. The article discusses the all too familiar situation where insurance carriers deny legitimate claims by relying…
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…