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
Jan 18 | Labor and Employment Law
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.
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., 10/27/2021
E.g., 10/27/2021
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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.
By way of Executive Order, California Governor Gavin Newsom suspended, until the end of the COVID-19 emergency, enforcement of the state's WARN Act (Cal-WARN) in connection with mass layoffs or shutdowns brought about by COVID-19, and which would otherwise trigger Cal-WARN's 60-day paid notice requirement.
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.
On March 18, 2020, President Donald Trump signed the bipartisan Families First Coronavirus Response Act (H.R. 6201) into law. On March 27, 2020, President Donald Trump signed the bipartisan Coronavirus Aid, Relief, and Economic Security Act, otherwise known as the CARES Act, ( H.R. 748) into law, which clarified and made some changes to the Families First Coronavirus Response Act and are integrated into this article.
Legal Alert, Insurance Coverage
2020 | Legal Alert, Insurance Coverage
A businessman standing in the window of a high-rise building reading urgent business documents.
Did you know that most property policies cover businesses, like yours, against lost income from a government-ordered shutdown?
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.
As COVID-19 containment efforts expand, a growing number of employers are seeing major disruptions to their operations or reductions in services. Similarly, a growing number of employees are concerned about significant drops in wages caused by quarantines, reductions in work hours, school closures, or job eliminations. In an effort to mitigate the impact of COVID-19 containment efforts on employers and employees alike, several resources and programs have been set up to provide assistance. Below is a brief summary of some of those resources.
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.
You are concerned about potentially sick employees in the workplace. One employee is off work sick for a couple of days, and then wants to return to work. Another plans to return to work after a week of travel. Another appears to be sick at work. They are coughing, sneezing, and appear to be short of breath. You are concerned they may have COVID-19. What can you do? You're not the only one concerned -- your other employees are, too.
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.
Many employers have elected to implement a remote work policy in light of the COVID-19 coronavirus outbreak. If you are one of them, you should consider the following as you transition your workforce to a remote working environment.
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.
In the wake of the COVID-19 virus, employers of all sizes are facing difficult decisions that need to be made without delay. To this end, we will be providing a series of alerts over the next few days to help employers navigate workplace issues posed by the virus. To assist in answering the question, “What should we be doing right now,” below is a checklist of suggestions for employers to consider.
Legal Alert, Insurance Coverage
2020 | Legal Alert, Insurance Coverage
A businessman standing in the window of a high-rise building reading urgent business documents.
How bad will the pandemic get? How much will it spread in the United States? Will we develop a vaccine in time to do any good? As insurance lawyers, we have no idea. But we can help you figure out whether your business is insured for the coronavirus risks that keep business owners up at night.
Case Summary, Labor and Employment Law
2020 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
This month's key cases involve payment of wages, res judicata, and gender discrimination.

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