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., 10/27/2021
E.g., 10/27/2021
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Legal Alert, Labor and Employment Law
2013 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On February 7, the California Supreme Court decided the issue of whether the federal "mixed-motive" defense applies to employment discrimination claims under the California Fair Employment and Housing Act (FEHA).
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.
Beginning on January 1, 2013, all employers must have written commission agreements for California employees who are compensated on a commission basis.
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.
Since the U.S. Supreme Court came down with its landmark decision in AT&T Mobility v. Concepcion in April 2011, courts and the National Labor Relations Board ("NLRB") have reached divergent conclusions regarding the legality of individual arbitration agreements in the employment context.
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 September 25, 2012, United States District Court Judge Stefan R. Underhill, District of Connecticut, issued the first decision allowing a plaintiff's whistleblower allegations against his employer under the Dodd-Frank Act to survive a motion to dismiss.
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 in Brinker Restaurant Corp. v. Superior Court issued a critical decision regarding break and off-the-clock claims and the standards governing an employer's obligation to provide breaks under California law. Since the Supreme Court issued its opinion, employers have been eagerly awaiting its application by the lower courts in determining the suitability of class treatment for break and off-the-clock claims.
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.
In Iskanian v. CLS Transp. Los Angeles, LLC, 2012 WL 1979266 (Cal. Ct. App. June 5, 2012), the California Court of Appeal upheld the use of class action waivers in employment arbitration agreements. Such provisions require employees to arbitrate disputes with their employers individually and not on a class or representative basis.
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.

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