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., 03/01/2021
E.g., 03/01/2021
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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).
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.
Three employees of the Oracle Corporation, instructors who trained customers to use Oracle software, sued the company for failure to pay overtime wages.
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.
The plaintiff in McDonald v. Antelope Valley Community College, a job application for a library administrative staff position, repeatedly applied for a position with the defendant, a community college, but was turned down.
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.
On October 22, 2008, the California Supreme Court granted review of and de-published Brinker Rest. Corp. v. Superior Court, 165 Cal.App.4th 25 (2008), an important recent decision that addressed employee meal period and rest break requirements under California law.
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.
This new legislation is touted as an effort to stop the flow of high-tech jobs out of California by simplifying the compensation requirements for overtime-exempt computer professionals.
Publication, Labor and Employment Law
2008 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
Leila Narvid published "U.S. Supreme Court Decision Expands Employees' Ability to Bring Retaliation Claims" in Compensation & Benefits Review.
Interview, Labor and Employment Law
2008 | Interview, Labor and Employment Law
A man moving controls on a soundboard inside of a television studio.
With the popularity of online networking websites such as Facebook, MySpace, and LinkedIn, more and more hiring managers are turning to the web to find and interview references for prospective employees.
Interview, Labor and Employment Law
2008 | Interview, Labor and Employment Law
A man moving controls on a soundboard inside of a television studio.
California class actions against employers for break time violations will be harder to file and more difficult to prove, according to an August 18th article published by Law360.
Interview, Labor and Employment Law
2008 | Interview, Labor and Employment Law
A man moving controls on a soundboard inside of a television studio.
Employees often feel they have more rights to privacy at work than they actually do, according to an August 3rd article in the Miami Herald.

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