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
Oct 13 | Labor and Employment Law
This month's key employment law cases involve piece-rate employees and questions of arbitrability of a labor issue.
Insurance Coverage
Sep 15 | 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
Oct 27 | 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., 10/30/2020
E.g., 10/30/2020
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Legal Alert, Labor and Employment Law
Jun 23 | Legal Alert, Labor and Employment Law
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Yesterday, a California Court of Appeal found that Americans with Disabilities Act (ADA) equal access standards for public accommodations can apply to websites, at least when there is a strong enough link between the website and accessing the business’s physical location, goods, or services.
Legal Alert, Labor and Employment Law
Jun 18 | Legal Alert, Labor and Employment Law
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The Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance for employers.
Legal Alert, Labor and Employment Law
Jun 15 | Legal Alert, Labor and Employment Law
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Today, the United States Supreme Court held that the Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity.
Article, Labor and Employment Law
Jun 12 | Article, Labor and Employment Law
Businesses contemplating moving to a virtual workplace in this post-COVID-19 world must consider the legal ramifications of such decisions. Virtual workplaces may provide businesses with many benefits, such as cost savings, access to a more geographically diverse worker pool and the possibility of more flexible employment relationships. But a virtual workplace may also include hidden employment-related issues, costs, and traps. This is especially so for California-based companies.
Legal Alert, Labor and Employment Law
Jun 11 | Legal Alert, Labor and Employment Law
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On June 5, 2020, President Trump signed into legislation the bipartisan bill titled the Paycheck Protection Program Flexibility Act of 2020 (PPPFA). The PPPFA modifies the Paycheck Protection Program, which was first introduced under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The modifications provide borrowers more control over the use of funds and make it easier to obtain forgiveness. The following is a summary of the key changes.
Article, Labor and Employment Law
Jun 11 | Article, Labor and Employment Law
Managing remote workers comes with its share of challenges. The complexities of setting and articulating expectations in a remote work environment – and providing feedback about performance tied to those expectations - adds an additional burden to our already-crowded work lives, particularly for managers who are new to remote supervisory roles.
Case Summary, Labor and Employment Law
Jun 09 | Case Summary, Labor and Employment Law
This month's key employment law cases involve meal and rest periods, scope and hospitality, and waivers.
Legal Alert, Labor and Employment Law
May 29 | Legal Alert, Labor and Employment Law
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As counties move to re-open businesses, many counties have issued requirements for businesses to post notices regarding their compliance with safe re-opening protocols.
Legal Alert, Labor and Employment Law
May 27 | Legal Alert, Labor and Employment Law
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On May 19, 2020, the Occupational Safety and Health Administration (OSHA) released new guidance explaining how Compliance Safety and Health Officers (CSHOs) will ensure employers’ compliance on recording cases of work-related COVID-19 illnesses.

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