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., 10/18/2021
E.g., 10/18/2021
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Legal Alert, Labor and Employment Law
Jun 14 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On June 11, 2021, California’s Occupational Safety and Health Standards Board (Standards Board) published its latest set of proposed revisions to the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (Revised ETS). The Standards Board will vote on the Revised ETS at its June 17 Standards Board meeting. The proposed regulation will then be submitted to the Office of Administrative Law (OAL) for approval. Once approved, the Revised ETS will take effect for California employers no later than June 28.
Case Summary, Labor and Employment Law
Jun 09 | Case Summary, Labor and Employment Law
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Legal Alert, Labor and Employment Law
Jun 07 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On June 3, 2021, the California Occupational Safety & Health Standards Board (OSHSB) voted to approve Cal/OSHA’s proposed revised Emergency Temporary Standards (ETS). Upon Office of Administrative Law (OAL) approval, employers will be able to relax some of the measures required under the current ETS. But employers still will have to enforce several requirements, including mask wearing for vaccinated individuals, that stray from the current relaxed measures recommended by the CDC and the state of California’s plans to end most mask and social distancing requirements for vaccinated individuals on June 15, 2021.
Legal Alert, Labor and Employment Law
Jun 02 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On May 28, 2021, the Ninth Circuit Court of Appeals handed Walmart a groundbreaking win in a wage-and-hour class and California Labor Code Private Attorneys General Act (“PAGA”) action. Reversing a nearly $102 million verdict against Walmart, the Ninth Circuit held in Magadia v. Wal-Mart Associates, Inc., No. 19-16184, (1) that an employee does not have standing to bring a PAGA claim in federal court for a Labor Code violation that he or she did not suffer personally, and (2) that employers may true up overtime rates later affected by bonus or incentive payments by making lump sum payments on wage statements without specifying a corresponding hourly rate.
Legal Alert, Labor and Employment Law
May 25 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On May 18, 2021, Santa Clara County updated its Order of the Health Officer and FAQs to require, effective June 1, 2021, that employers determine the vaccination status of all “personnel.”
Case Summary, Labor and Employment Law
May 10 | Case Summary, Labor and Employment Law
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Legal Alert, Insurance Coverage
May 06 | Legal Alert, Insurance Coverage
A businessman standing in the window of a high-rise building reading urgent business documents.
The Texas Supreme Court recently increased policyholders’ influence over an insurer’s right to settle a third-party claim for less than policy limits.
Legal Alert, Labor and Employment Law
Apr 28 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
The Ninth Circuit Court of Appeals held today that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) does not preempt application of California’s Assembly Bill 5 (“AB 5”), codified as amended at Labor Code section 2775, against motor carriers.
Legal Alert, Labor and Employment Law
Apr 19 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Governor Gavin Newsom signed SB 93 into law. The bill requires employers in specified hospitality and business services-related industries to offer to rehire certain workers who were laid off during the pandemic, before offering those positions to new hires, and to notify individuals not being rehired due to lack of qualifications about the employer’s decision to hire another worker.

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