The Labor and Employment Department of Payne & Fears specializes in representing local, regional and national employers in all aspects of labor and employment law and related litigation.  We defend employers in employment cases, ranging from single-plaintiff wage and hour actions to complex disparate treatment cases brought on behalf of thousands of employees.  We deliver cost-effective results through early, comprehensive assessment of the facts and case strategy.  While many of our cases are resolved by dispositive motions and early resolution, we are also skilled trial attorneys who successfully take employment cases of every size and type through trial, arbitrations and administrative proceedings.  Our major areas of expertise include:


Feb 14

P&F Prevails on Summary Judgment in a Race Discrimination / Retaliation Case

Payne & Fears LLP was recently retained as trial counsel in a hotly contested race discrimination and retaliation case. At mediation, Plaintiff was demanding $6 million to settle and prior counsel had been unable to resolve the case. The trial team of Dan Fears, Jeff Brown, Ray Boggess and Sean O'Brien quickly transitioned into the case and assisted prior counsel in preparing a motion for summary judgment.  

Following oral argument by Dan Fears, the Court issued a 15-page decision granting total summary judgment as to all 10 claims and all defendants.  Payne & Fears attorneys saved the client from having to go through an expensive and time-consuming trial that would have exposed the client to considerable risk of damages, including punitive damages.

Practice areas: Labor and Employment Litigation

Attorneys: Daniel F. Fears , Jeffrey K. Brown , Ray E. Boggess, Sean A. O’Brien


Statewide PAGA Claim Eliminated

Payne & Fears obtained an order striking the representative PAGA claims from a statewide wage-and-hour action, thus reducing size of the case from over 250,000 members to a mere handful of individual claims.

Five former employees sued Payne & Fears’ client, a large multistate retailer, for meal and rest period violations and related causes of action.  Plaintiffs sought to certify a class of over 250,000 current and former employees, and also sought to maintain claims for PAGA penalties on behalf of the same population.  The court denied class certification on plaintiffs’ direct statutory claim for rest period premiums, but certified a “meal period class” under Business & Professions Code section 17200.  However, the court then granted summary adjudication – on a class basis – against the plaintiffs on the ground that Section 17200 did not provide a remedy under the circumstances alleged.  Payne & Fears then moved to strike the PAGA claims on the grounds that they were unmanageable, unsupported by evidence in the plaintiffs’ trial plan, and barred by the statute of limitations.  The court granted the motion and dismissed the representative claims, leaving the plaintiffs with only their individual causes of action. 

Jim Payne, Jeff Brown and Ray Boggess handled the defense of the case.

Practice areas: Labor and Employment Litigation, Wage and Hour Litigation, Class Action Defense

Attorneys: James L. Payne, Jeffrey K. Brown , Ray E. Boggess