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., 03/04/2021
E.g., 03/04/2021
Grid View
List View
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 plaintiffs, hourly employees of several Brinker-owned restaurants in California, filed a class action against the restaurant chain. The trial court certified a class of nearly 60,000 employees, finding that the issues were common to all class members and could be litigated collectively.
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.
California businesses need to be prepared for a new law taking effect on July 1, 2008 that will change how California drivers can use their cell phones.
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 May 21, 2008, President Bush signed the “Genetic Information Nondiscrimination Act,” or “GINA.” GINA is far-reaching in that it intersects with many federal laws including Title VII of the Civil Rights Act, The Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the Employee Retirement Income Security Act of 1974 (ERISA).
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 Isner case addresses the special circumstance of employers that require their employees to reside where they work.
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 March 21, 2008, a San Diego County Superior Court ruled that Starbucks violated California law by allowing shift supervisors to share in the customer tip pool.
Publication, Labor and Employment Law
2008 | Publication, Labor and Employment Law
The hands of a man and woman reviewing documents pertaining to their business.
Attorney Leila Narvid published "Feds focus on health care employers' ADA compliance" in Healthcare Risk Management
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 California Legislature continues to be active in passing legislation affecting California employers and employees. This article outlines the most notable employment laws that went into effect in California on January 1, 2008.
Publication, Business Litigation
2007 | Publication, Business Litigation
The hands of a man and woman reviewing documents pertaining to their business.
Dick Jackson, Lieutenant Colonel Eric T. Jensen & Robert Matsuishi, The Law of War after the DTA, Hamdan, and the MCA, ARMY LAW., Sept. 2007, at 19.
Publication, Business Litigation
2006 | Publication, Business Litigation
The hands of a man and woman reviewing documents pertaining to their business.
"Ladies' Night Suits: The Latest Abuse of Consumer Protection Laws" was published in the Daily Journal.

Pages