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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
Jun 14 | Labor and Employment Law
The key California Employment Law Case Summaries from May 2022 include using unpaid meal- and rest-break premiums as basis for waiting-time penalties and inaccurate wage statement claims, FAA requirements for resisting arbitration, and a trial court's discretion to apply the doctrine of exclusive concurrent jurisdiction to stay a later-filed PAGA action involving claims that overlap with an earlier-filed PAGA action.
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
Apr 29 | Business Litigation
The California Court of Appeal recently provided much needed clarification regarding the application of Proposition 65, which prohibits businesses from knowingly and intentionally exposing individuals to certain chemicals without first providing a written warning. In Lee v. Amazon.com, Inc., 76 Cal. App. 5th 200 (March 2022), the court addressed two key questions: (1) whether constructive knowledge of hazardous chemicals and potential exposure is sufficient under the statute, or if actual knowledge is required; and (2) what level of specificity is required in a Proposition 65 Notice of Violation. Lee’s ruling is important for every company that sells consumer products because Proposition 65 obligations apply “to any retailer, manufacturer, producer, packager, importer, supplier, or distributor of the product.” Lee, 76 Cal. App 5th at 231. A company found to have violated Proposition 65 can be fined up to $2,500 per violation per day, which can quickly add up, especially if the violator sells multiple offending products on a regular/daily basis.
E.g., 07/02/2022
E.g., 07/02/2022
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Legal Alert, Labor and Employment Law
Jan 27 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
In response to a certified question posed by the United States Court of Appeal for the Ninth Circuit, the California Supreme Court on Jan. 27, 2022, resolved a years-long split among California courts by confirming that an employee plaintiff advancing a claim of retaliation pursuant to California Labor Code section 1102.5 may prevail by showing that a retaliatory motive was merely a contributing factor behind an adverse employment action.
Legal Alert, Labor and Employment Law
Jan 14 | Legal Alert, Labor and Employment Law
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The newest version of the Cal/OSHA ETS goes into effect today, Jan. 14, 2022, and will expire on April 15, 2022. The newest Cal/OSHA ETS, which was drafted prior to Dec. 16, 2021, is already partially out-of-date based on the California Department of Public Heath’s Guidance For the Use of Masks (released Jan. 5, 2022) and the CDPH’s Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public (released Jan. 8, 2022); these changes have been addressed in the Cal/OSHA ETS FAQs.
Case Summary, Labor and Employment Law
Jan 07 | Case Summary, Labor and Employment Law
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December's case summaries include rulings on wage statements, wrongful death actions filed against a spouse's employer, and PAGA settlements.
Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
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On Dec. 15, the United States Supreme Court agreed to take up what promises to be the most consequential PAGA case in nearly a decade.
Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Gov. Gavin Newsom closed California’s 2020-2021 Legislative Session with a flurry of bill signings, many of which created and/or updated employment-related laws. A few of these bills were “emergency bills” which became effective immediately (such as the COVID-related right to rehire and sick pay laws), while others do not become effective until Jan. 1, 2022. Employers should ensure that their policies, procedures, and systems comply with these new and updated laws.
Publication, Labor and Employment Law
2021 | Publication, Labor and Employment Law
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Robert T. Matsuishi 's article, "Avoid Speculation and be Clear When you Convey a Section 998 Offer to Compromise," appeared in the Fall 2021issue of the Orange County Association of Business Trial Lawyers Report.
Article, Labor and Employment Law
2021 | Article, Labor and Employment Law
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Ethical behavior is vital to a business’s reputation with both the public and its workforce, and society is paying close attention to how businesses, and individuals, respond to the many issues that affect our daily lives. It is important to set yourself up for success by implementing an ethical approach to decision making.
Publication, Insurance Coverage
2021 | Publication, Insurance Coverage
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When COVID-19 ground the world to a halt, policyholders and insurance-coverage attorneys made predictions about the effectiveness of insurance against coronavirus-related losses. And the outlook wasn’t great. This article examines a few of these predictions and how they played out. Understanding these issues will help policyholders better plan for, and protect themselves from, future outbreaks.
Legal Alert, Business Litigation
2021 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
The Federal No Surprises Act goes into effect on January 1, 2022 and contains provisions designed to protect insured patients from unexpected hospital and physician bills when they receive emergency services in an out of network hospital. Unfortunately, the interim final rules issued by the Department of the Treasury, the Department of Labor, and the Department of Health and Human Services purport to impose significant restrictions on provider reimbursement that contravene clear statutory language.

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