News & Insights

The NCAA’s recent announcement that college athletes may sell the rights to their names, images and likenesses has created an opportunity for businesses to sign influential college athletes and leverage their considerable...

In an insurance recovery case being handled by Payne & Fears partners Scott Thomas and Sarah Odia, an Arizona federal court, applying Nevada law, recently held that NGM Insurance Company breached its duty to defend its...

Reversing a court of appeal decision that had been welcome news for employers, the California Supreme Court held today in Ferra v. Loews Hollywood Hotel, LLC, S259172, that the term “regular rate of compensation,” used...

Levanoff v. Dragas, Nos. G058480, G058709, 2021 WL 2621360 (Cal. Ct. App. June 25, 2021) Summary: Employer did not violate California law by selecting a method of calculating the regular rate of pay that most benefitted its...

Small businesses operating both inside and outside of California may be unaware of Proposition 65 and its implications for their companies. Often a business first becomes aware of Proposition 65 when it receives a Proposition...

Company new hires sometimes commit “unforced errors” when departing one company and joining another, leading to trade secrets disputes with the prior employer that could have been prevented by following basic rules and...

On June 17, 2021, California’s Occupational Safety and Health Standards Board (Standards Board) passed amended COVID-19 Emergency Temporary Standards (ETS). Gov. Gavin Newsom issued an Executive Order to make the...

Update (June 16, 2021): On June 14, 2021, Gov. Gavin Newsom stated that he is prepared to issue an executive order later this week to immediately implement a loosening of workplace mask-wearing regulations for fully...

Magadia v. Wal-Mart Associates, Inc., No. 19-16184, 2021 WL 2176584 (9th Cir., May 28, 2021) Summary:  An employee lacks Article III standing to bring a PAGA claim in federal court for Labor Code violations that the...

UPDATE June 10, 2021: On June 9, 2021, the Board voted to withdraw the revised ETS that they approved on June 3, 2021 (expected to go into effect on June 15, 2021). This means that the original ETS will remain in effect for...

On May 28, 2021, the Ninth Circuit Court of Appeals handed Walmart a groundbreaking win in a wage-and-hour class and California Labor Code Private Attorneys General Act (“PAGA”) action.  Reversing a nearly $102...

Update: On June 21, 2021, Santa Clara County updated its Order of the Health Officer to lessen the burden on employers regarding obtaining certifications of vaccination status. Employers must now require all personnel to...