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.
On January 31, 2020, Judge Kimberly Mueller issued a preliminary injunction "in full" preventing the State of California from enforcing AB 51, the state's new law effectively banning mandatory employee arbitration agreements.
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.
The National Relations Board ("NLRB") issued a decision in Caesars Entertainment holding that business may restrict employees from using a company's internal email system for union and organized activities.
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 California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement.
Legal Alert, Labor and Employment Law
2019 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
This morning, a federal judge from the Eastern District of California granted a temporary restraining order preventing California from enforcing Assembly Bill (AB) 51.
Publication, Labor and Employment Law
2019 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
California's new independent contractor classification law, California Assembly Bill 5 ("AB5") is of particular interest to companies in California. This article outlines the key features of AB5 and its impact on employers' classification practices.
Case Summary, Labor and Employment Law
2019 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
This month’s key California employment law cases involve disability retirement benefit payments, disability discrimination, gratuities and service charges.
Case Summary, Labor and Employment Law
2019 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
This month's key California employment law cases involve wage-and-hour discrimination in employment.
Legal Alert, Labor and Employment Law
2019 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On October 10, 2019, Governor Gavin Newsom signed into law a new bill (AB 51) that will have substantial impact on the employment litigation landscape in California.
Legal Alert, Labor and Employment Law
2019 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On October 10, 2019, Governor Gavin Newsom signed AB 9 into law, extending the statute of limitations for claims under the California Fair Employment and Housing Act ("FEHA"), California's comprehensive employment anti-discrimination, anti-retaliation, and anti-harassment law. While FEHA claims have long been subject to a one-year statute of limitations, AB 9 triples the limitations period to three years.

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