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
Feb 03 | Labor and Employment Law
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued new employer guidance on mitigating and preventing the spread of COVID-19 in the workplace. This guidance is intended to help employers and workers outside the healthcare setting to identify risks of being exposed to and of contracting COVID-19 and to determine any appropriate control measures to implement. While this guidance is largely duplicative of prior OSHA and Centers for Disease Control and Prevention (“CDC”) guidance and recommendations, it contains a few new and updated recommendations that employers should note.
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., 02/24/2021
E.g., 02/24/2021
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Legal Alert, Labor and Employment Law
2012 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
The California Supreme Court held that aggrieved employees are not entitled to recover their attorney’s fees in lawsuits to obtain pay for missed meal and rest breaks. The Court also banned employers from recovering attorney’s fees when they successfully defend such cases.
Legal Alert, Labor and Employment Law
2012 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On April 12, 2012 the California Supreme Court decided Brinker Restaurant, the long-awaited case which has important implications for the workplace about whether California law (1) requires employers to "ensure" that employees take their 30-minute meal periods or merely requires that employers make meal periods "available," (2) whether an employee is entitled to a meal period for every five hour work period (the so-called "rolling five" requirement) or only requires one meal period for each day in which the employee's work period exceeds five hours and a second period on each day in which the employee's work period exceeds ten hours, (3) the timing of rest breaks, and (4) the extent to which the employees can bring class action lawsuits for alleged wage and hour violations. To see how the California Supreme Court, in its unanimous opinion issued today, answered those questions, please see the attached pdf document.
Publication, Labor and Employment Law
2012 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
Attorney Matt Durham published "Uniformed Service Members: The Oft-Overlooked Protected Class" in COMMUNIQUÉ, an official publication of Clark County Bar Association.
Legal Alert, Labor and Employment Law
2012 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
The California Supreme Court’s decision in Harris v. Superior Court limits both the application and importance of the “administrative/production worker dichotomy,” a doctrine that has been used by many courts to find that employees did not qualify for the administrative exemption.
Legal Alert, Labor and Employment Law
2011 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Governor Brown has signed legislation that restricts California employers from using consumer credit information for employment purposes. The law goes into effect on January 1, 2012.
Legal Alert, Labor and Employment Law
2011 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On October 9, 2011, Governor Brown signed legislation that prohibits the willful misclassification of individuals as independent contractors. The new law creates civil penalties of between $5,000 and $25,000 for each willful misclassification of a worker.
Legal Alert, Labor and Employment Law
2011 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
In Salas v. Sierra Chemical Co., the California Court of Appeal held that an employee not authorized to work in the United States could not pursue discrimination and retaliation employment claims.
Legal Alert, Labor and Employment Law
2011 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
The United States Supreme Court has ruled that federal arbitration law clears the way for arbitration agreements in California to bar claims from being brought on behalf of a class. Employment arbitration agreements can now be used to prevent class action claims against California employers.
Publication, Business Litigation
2011 | Publication, Business Litigation
The hands of a man and woman reviewing documents pertaining to their business.
Attorney Matt Durham published "NRCP16.1(a): In Full Disclosure" in Nevada Lawyer.

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