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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., 08/03/2021
E.g., 08/03/2021
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Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On Dec. 27, 2020, President Trump signed the Consolidated Appropriations Act of 2021. Congress did not extend the mandate to provide leave under the Families First Coronavirus Response Act (“FFCRA”), but did extend the payroll tax credit benefit for those who continue to provide compliant leave. The failure to extend the mandate for employers to provide leave under the FFCRA may mean that the requirement under California’s AB 1867 for employers to provide COVID-19 supplemental paid sick leave also expires on December 31, 2020, unless further action is taken.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
In the coming weeks and months, COVID-19 vaccines will be distributed around the United States. Employers will have questions about vaccination procedures, such as whether they may require employees to be vaccinated, what they may ask about employees’ vaccination records, and whether they must accommodate employees with religious opposition to being vaccinated. Recently, the EEOC updated its guidance, What You Should Know About COVD-19 and the ADA Rehabilitation Act, and Other EEO Laws, to address these vaccination concerns. This alert addresses the essential points of the EEOC’s guidance.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
California’s Child Abuse and Neglect Reporting Act requires that certain “mandated reporters” report whenever they, in their professional capacity or within the scope of their employment, have knowledge of or observe a child whom they know or reasonably suspect has been the victim of child abuse or neglect. Failure to report known or reasonably suspected child abuse or neglect is a misdemeanor, punishable by up to six months in a county jail, a $1,000 fine, or both.
Case Summary, Labor and Employment Law
2020 | Case Summary, Labor and Employment Law
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This month's key California employment law cases involve noncompete agreements, arbitration agreements with minors, and the issue of FAAAA preemption of California's ABC test.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On November 19, 2020, the California Occupational Safety and Health Standards Board (the “Board”) of the Division of Occupational Safety and Health (Cal/OSHA) adopted temporary COVID-19 regulations (“Regulations”) intended to combat the spread of COVID-19 in California workplaces.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Under California law, employers must pay their employees overtime rates unless an exemption applies. One such exemption, the “administrative” exemption, excludes from state overtime requirements an employee primarily engaged in certain exempt duties who earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment (the “salary basis test”).
Case Summary, Labor and Employment Law
2020 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
This month's key California employment law cases involve duty to investigate the accuracy of criminal convictions, no-fault absenteeism policies, and enforceable forum-selection clauses.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Before we could know the efficacy of the California Consumer Privacy Act of 2018 (CCPA), which became effective January 1, 2020, California residents passed Proposition 24, the California Privacy Rights Act of 2020 (CPRA), which takes effect January 1, 2023.
Legal Alert, Business Litigation
2020 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
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.

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