Insights

Featured Insights

Payne & Fears provides high quality legal and business insights, and we are committed to delivering practical and timely updates for a diverse range of issues, businesses and industries.

Labor and Employment Law
Nov 09 | Labor and Employment Law
Under California law, employers must pay their employees overtime rates unless an exemption applies. One such exemption, the “administrative” exemption, excludes from state overtime requirements an employee primarily engaged in certain exempt duties who earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment (the “salary basis test”).
Insurance Coverage
Sep 15 | Insurance Coverage
This week, in AXIS Reinsurance Co. v. Northrop Grumman Corp., ____ F.3d ____, 2020 WL 5509743 (9th Cir. Sept. 14, 2020), the Ninth Circuit addressed an important question of first impression: When can an excess insurer second-guess an underlying insurer’s decision to pay a claim? Prior to AXIS Reinsurance, there had been no California or the Ninth Circuit case discussing an excess insurer’s right to make a covered-claims challenge to the exhaustion of underlying insurance, even though policyholders frequently encounter such arguments.
Business Litigation
Oct 27 | Business Litigation
The Ninth Circuit recently reminded companies that they must provide notice to consumers when they change their terms and conditions, even where original terms state that they are subject to change at-will and at any time (i.e. the original contract contains a “change-of-terms” provision). Without express notice to the consumer, any change is unenforceable.
E.g., 12/01/2020
E.g., 12/01/2020
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Legal Alert, Labor and Employment Law
Nov 19 | Legal Alert, Labor and Employment Law
Legal Alert Image
On November 19, 2020, the California Occupational Safety and Health Standards Board (the “Board”) of the Division of Occupational Safety and Health (Cal/OSHA) adopted temporary COVID-19 regulations (“Regulations”) intended to combat the spread of COVID-19 in California workplaces.
Legal Alert, Labor and Employment Law
Nov 09 | Legal Alert, Labor and Employment Law
Legal Alert Image
Under California law, employers must pay their employees overtime rates unless an exemption applies. One such exemption, the “administrative” exemption, excludes from state overtime requirements an employee primarily engaged in certain exempt duties who earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment (the “salary basis test”).
Case Summary, Labor and Employment Law
Nov 09 | Case Summary, Labor and Employment Law
This month's key California employment law cases involve duty to investigate the accuracy of criminal convictions, no-fault absenteeism policies, and enforceable forum-selection clauses.
Legal Alert, Labor and Employment Law
Nov 04 | Legal Alert, Labor and Employment Law
Legal Alert Image
Before we could know the efficacy of the California Consumer Privacy Act of 2018 (CCPA), which became effective January 1, 2020, California residents passed Proposition 24, the California Privacy Rights Act of 2020 (CPRA), which takes effect January 1, 2023.
Legal Alert, Business Litigation
Oct 27 | Legal Alert, Business Litigation
Legal Alert Image
The Ninth Circuit recently reminded companies that they must provide notice to consumers when they change their terms and conditions, even where original terms state that they are subject to change at-will and at any time (i.e. the original contract contains a “change-of-terms” provision). Without express notice to the consumer, any change is unenforceable.
Case Summary, Labor and Employment Law
Oct 13 | Case Summary, Labor and Employment Law
This month's key employment law cases involve piece-rate employees and questions of arbitrability of a labor issue.
Legal Alert, Labor and Employment Law
Sep 21 | Legal Alert, Labor and Employment Law
Legal Alert Image
On September 17, 2020 Governor Gavin Newsom signed three bills (SB 1159, AB 685, and SB 1383) expanding workers’ protections in relation to COVID-19 exposure in the workplace, and expanding the California Family Rights Act. All three bills will require employers to take specific steps in response to COVID-19-related issues, and to modify and update their leave policies and practices.
Case Summary, Labor and Employment Law
Sep 17 | Case Summary, Labor and Employment Law
This month's key employment law cases involve Private Attorneys General Act (PAGA), class certification, and arbitration clauses.
Legal Alert, Insurance Coverage
Sep 15 | Legal Alert, Insurance Coverage
Legal Alert Image
This week, in AXIS Reinsurance Co. v. Northrop Grumman Corp., ____ F.3d ____, 2020 WL 5509743 (9th Cir. Sept. 14, 2020), the Ninth Circuit addressed an important question of first impression: When can an excess insurer second-guess an underlying insurer’s decision to pay a claim? Prior to AXIS Reinsurance, there had been no California or the Ninth Circuit case discussing an excess insurer’s right to make a covered-claims challenge to the exhaustion of underlying insurance, even though policyholders frequently encounter such arguments.

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