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
Feb 03 | Labor and Employment Law
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued new employer guidance on mitigating and preventing the spread of COVID-19 in the workplace. This guidance is intended to help employers and workers outside the healthcare setting to identify risks of being exposed to and of contracting COVID-19 and to determine any appropriate control measures to implement. While this guidance is largely duplicative of prior OSHA and Centers for Disease Control and Prevention (“CDC”) guidance and recommendations, it contains a few new and updated recommendations that employers should note.
Insurance Coverage
2020 | 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
2020 | 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., 02/24/2021
E.g., 02/24/2021
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Case Summary, Labor and Employment Law
Feb 09 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
Legal Alert, Labor and Employment Law
Feb 03 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued new employer guidance on mitigating and preventing the spread of COVID-19 in the workplace. This guidance is intended to help employers and workers outside the healthcare setting to identify risks of being exposed to and of contracting COVID-19 and to determine any appropriate control measures to implement. While this guidance is largely duplicative of prior OSHA and Centers for Disease Control and Prevention (“CDC”) guidance and recommendations, it contains a few new and updated recommendations that employers should note.
Legal Alert, Business Litigation
Jan 25 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
Recently we have seen a slew of class action filings under the California Invasion of Privacy Act (CIPA). CIPA is an older privacy law, associated with eavesdropping and wire fraud, not to be confused with the California Consumer Privacy Act that became effective in 2020.
Legal Alert, Labor and Employment Law
Jan 18 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
This past year brought new laws requiring changes to policies commonly found in California employee handbooks. To ensure compliance with current California law, employers should review and update their handbooks within these first few months of 2021.
Legal Alert, Labor and Employment Law
Jan 15 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
The United States Court of Appeals for the Ninth Circuit on January 15 upheld the Federal Motor Carrier Safety Administration’s (“FMCSA”) determination that federal law preempted California’s meal and rest break rules (“MRB rules”), as applied to drivers of property-carrying commercial motor vehicles who are subject to the FMCSA’s own rest break regulations.
Legal Alert, Labor and Employment Law
Jan 14 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Today, in responding to a certified question from the United States Court of Appeals for the Ninth Circuit, the California Supreme Court held in Vazquez v. Jan-Pro Franchise International, Inc., S258191 (2020) that the three-part test announced in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) applies retroactively.
Case Summary, Labor and Employment Law
Jan 08 | Case Summary, Labor and Employment Law
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This month's key California employment law cases involve reasonable accommodation, interstate employment relationships, and PAGA notice requirements.
Legal Alert, Business Litigation
Jan 06 | Legal Alert, Business Litigation
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The Nevada Supreme Court held that courts may change or “blue-pencil” an unreasonably restrictive non-compete agreement to make it enforceable if the agreement contains a provision allowing the severance of unenforceable terms.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Much of the publicity and scrutiny surrounding the recently enacted coronavirus relief bill attached to the Consolidated Appropriations Act of 2021 has been focused on the economic impact payments and supplemental unemployment benefits provided to individuals. But perhaps the more important aspect of the relief package is the allocation of an additional $325 billion in aid for a second round of business assistance loans under the Paycheck Protection Program (“PPP”).

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