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
Grid View
List View
Interview, Labor and Employment Law
2009 | Interview, Labor and Employment Law
A man moving controls on a soundboard inside of a television studio.
Are female attorneys at a greater risk for being laid off during a recession? That is a question explored by Anna Collins in her February 24, 2009 column on TheGlassHammer.com.
Legal Alert, Labor and Employment Law
2009 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On January 23, 2009, the California Court of Appeal, Fourth Appellate District, published its decision in Cristler v. Express Messenger Systems, Inc., providing further guidance on the distinctions between an employee and an independent contractor.
Interview, Labor and Employment Law
2009 | Interview, Labor and Employment Law
A man moving controls on a soundboard inside of a television studio.
Layoffs are not the only option for corporations facing the need to cut costs. Alternatives include mandatory furloughs, reduced work weeks and flexible work arrangements; however, employers must implement these strategies while keeping state and federal wage and hour laws in mind.
Legal Alert, Labor and Employment Law
2009 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
In January 2008, President Bush signed into law the first-ever amendments to the Family and Medical Leave Act (“FMLA”) and on November 17, 2008, the Department of Labor (DOL) published its much anticipated final rule on the implementation of these amendments.
Legal Alert, Labor and Employment Law
2009 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On January 29, 2009, President Obama signed into law the Ledbetter Fair Pay Act.
Legal Alert, Business Litigation
2009 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
On December 19, 2008, the Fourth District Court of Appeal published its opinion in Cohn v. Corinthian Colleges, Case No. G038388. The case arose when the Angels Baseball club gave away tote bags to adult women fans who attended the Angels game on Mother’s Day, 2005.
Legal Alert, Labor and Employment Law
2008 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Plaintiff Christine Brewer (“Plaintiff”), a waitress at the Cottonwood Golf Course Restaurant (“Cottonwood”), filed suit against Cottonwood, alleging age discrimination and Labor Code violations related to meal breaks, rest breaks, pay stubs, and minimum wage.
Legal Alert, Business Litigation
2008 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
On December 2, 2008, the Fourth District Court of Appeal decided Greystone Homes, Inc. v. Midtec, Inc., et al. In a case of first impression, the court ruled that home builder may pursue claims for equitable indemnity against individual product manufacturers for purely economic losses where the losses would be recoverable by a homeowner under the Right to Repair Act (California Civil Code § 895, et seq.), also known as SB 800.
Legal Alert, Business Litigation
2008 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
On November 18, 2008, the Fourth District Court of Appeal decided Surrey v. TrueBeginnings, et al., a case brought under the Unruh Act and the Gender tax Repeal Act (California Civil Code §§ 51 and 51.6).

Pages