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, Business Litigation
2020 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
Last week, the Court of Appeal gave a victory to non-contracted providers of emergency medical services.
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 April 2018, the Ninth Circuit held that employers cannot consider pre-employment salary history, even in combination with other factors, to justify gender pay disparities. See Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018) (en banc). Why is the Ninth Circuit deciding this case again? The author of the majority opinion, Judge Stephen Reinhardt, unfortunately died before the previous opinion was issued, and since his vote made a difference to the outcome of the case, the Supreme Court ordered the decision vacated. See Yovino v. Rizo, 139 S. Ct. 706 (2019).
Article, Labor and Employment Law
2020 | Article, Labor and Employment Law
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Minority attorneys continue to depart law firms at a higher rate than those in the majority and continue to be substantially underrepresented at the partner level. With the continued demands of clients and other organizations to improve diversity, law firms need to embrace new and creative solutions.
Article, Labor and Employment Law
2020 | Article, Labor and Employment Law
A table with a green plant, coffee cup, and a stack of print publications.
Construction companies have a unique opportunity to avoid the application of the restrictive new independent contractors' law that took effect this year. This article provides a checklist that will help construction companies determine whether their relationships with subcontractors qualify for this exemption.
Legal Alert, Insurance Coverage
2020 | Legal Alert, Insurance Coverage
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Many businesses shift risk by requiring others with whom they do business - e.g., vendors, subcontractors, suppliers, and others - to procure insurance on their behalf by making the business an "additional insured" under the other person's liability insurance policy.
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.
A growing number of state and local governments across the country are enacting laws that limit employers’ ability to ask about or consider applicants’ salary history. These laws are part of a nationwide effort to reduce pay inequity for women and minorities. The logic is straightforward. Past pay discrimination is perpetuated (either consciously or subconsciously) when employers make decisions based on applicants’ prior salaries.
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 February 13, 2020, in a unanimous opinion, the California Supreme Court held in Frlekin v. Apple Inc., Case No. S243805, that time spent on an employer's premises waiting for, and undergoing, required exit searches of packages, bags, and personal technology devices voluntarily brought to work for personal convenience is compensable as "hours worked" under California's Industrial Welfare Commission Wage Order 7.
Case Summary, Labor and Employment Law
2020 | Case Summary, Labor and Employment Law
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This month's key cases involve payment of wages and the statute of limitations for FEHA actions.
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 February 6, 2020, in a 2-1 decision, the California Court of Appeal (Fourth District, Division Two) Held that an employee's settlement agreement with a staffing agency on a wage-and-hour claim does not necessarily preclude the employee from later suing the staffing agency's client, for whom the employee performed services, on the exact same claims.

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