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
Sep 30 | Labor and Employment Law
In 2017, California led the nation by passing the first mandatory pay transparency law, which required employers to provide pay scale information to job applicants upon request. New legislation will further expand the state’s requirements. On Sept. 27, 2022, Gov. Newsom signed into law Senate Bill 1162, which imposes new pay data disclosure and reporting requirements on California private employers. The new obligations take effect on Jan. 1, 2023.
Insurance Coverage
May 24 | Insurance Coverage
In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the wrong piece of land because the act of grading land is not “accidental.”
Business Litigation
Jul 27 | Business Litigation
The California Supreme Court last week issued a decision in Siry Investments vs. Saeed Farkhondehpour that could dramatically expand the remedies available to partners or others in a commercial dispute who are victims of financial theft related to company assets and funds. Section 496(a) criminalizes the receipt of stolen property and provides for treble damages and attorney’s fees for the party suffering the loss. In a surprise opinion, the Supreme Court decided that Penal Code section 496 can apply any time there is a diversion of money or assets from a partnership, limited liability company or other business provided that the requisite criminal intent to deprive others of those funds can be shown. For the plaintiff in Siry, applying section 496 increased the outcome by many millions. The Siry decision likely will make available to plaintiffs in certain business disputes remedies of treble damages and attorney’s fees that ordinarily are not available for similar claims in other contexts.
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Legal Alert, Labor and Employment Law
Sep 30 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
In 2017, California led the nation by passing the first mandatory pay transparency law, which required employers to provide pay scale information to job applicants upon request. New legislation will further expand the state’s requirements. On Sept. 27, 2022, Gov. Newsom signed into law Senate Bill 1162, which imposes new pay data disclosure and reporting requirements on California private employers. The new obligations take effect on Jan. 1, 2023.
Case Summary, Labor and Employment Law
Sep 21 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
August's case summaries include rulings on obtaining workplace violence restraining orders, reimbursement to unions for legal fees, and rules for conditional acceptances of section 998 offers.
Legal Alert, Labor and Employment Law
Sep 21 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Read brief descriptions of upcoming and pending legislation and other changes happening in California's legislative capital, including a name change for the DFEH, pending legislation for supplemental COVID Paid Sick Leave, newly enacted legislation for minimum standard wages and other working conditions for fast food restaurant workers, and more.
Legal Alert, Labor and Employment Law
Sep 08 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On Aug. 29, 2022, the National Labor Relations Board (“NLRB”) issued its decision in Tesla, Inc., 371 NLRB No. 131 (2022), one of the first major decisions by the now Democratic-controlled board to overrule a decision from the board as constituted during the Trump administration. In Tesla, the board overruled Wal-Mart Stores Inc., 368 NLRB No. 146 (2019), and in so doing held that any employer attempts to impose restrictions on the display of union insignia are presumptively unlawful, absent “special circumstances” that justify such a restriction.
Article, Business Litigation
Aug 25 | Article, Business Litigation
A table with a green plant, coffee cup, and a stack of print publications.
An article on Proposition 65 by Payne & Fears attorneys Blake Dillion and Dave Grant was featured in the Summer 2022 Association of Business Trial Lawyers (ABTL) Orange County Report. The article, “California Court of Appeal Clarifies Requirements for Proposition 65 Liability,” is available on the ABTL website.
Case Summary, Labor and Employment Law
Aug 11 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
July's case summaries include decisions on employers' obligations to provide appropriate seating for employees, the timely payment of arbitration fees, and whether employers may stay PAGA actions pending arbitration of similar third-party claims.
Legal Alert, Business Litigation
Jul 27 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
The California Supreme Court last week issued a decision in Siry Investments vs. Saeed Farkhondehpour that could dramatically expand the remedies available to partners or others in a commercial dispute who are victims of financial theft related to company assets and funds. Section 496(a) criminalizes the receipt of stolen property and provides for treble damages and attorney’s fees for the party suffering the loss. In a surprise opinion, the Supreme Court decided that Penal Code section 496 can apply any time there is a diversion of money or assets from a partnership, limited liability company or other business provided that the requisite criminal intent to deprive others of those funds can be shown. For the plaintiff in Siry, applying section 496 increased the outcome by many millions. The Siry decision likely will make available to plaintiffs in certain business disputes remedies of treble damages and attorney’s fees that ordinarily are not available for similar claims in other contexts.
Case Summary, Labor and Employment Law
Jul 12 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
June's case summaries include decisions on arbitrating PAGA claims, class actions involving staffing agencies, and guidance from the California courts on wage-statement obligations for overtime true-up payments.
Legal Alert, Labor and Employment Law
Jul 05 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
To ensure compliance with current California and Federal law and to benefit from recent court decisions, it is time for employers to review and update their employee arbitration agreements.

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