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., 01/27/2021
E.g., 01/27/2021
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Article, Labor and Employment Law
2020 | Article, Labor and Employment Law
A table with a green plant, coffee cup, and a stack of print publications.
Businesses contemplating moving to a virtual workplace in this post-COVID-19 world must consider the legal ramifications of such decisions. Virtual workplaces may provide businesses with many benefits, such as cost savings, access to a more geographically diverse worker pool and the possibility of more flexible employment relationships. But a virtual workplace may also include hidden employment-related issues, costs, and traps. This is especially so for California-based companies.
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 June 5, 2020, President Trump signed into legislation the bipartisan bill titled the Paycheck Protection Program Flexibility Act of 2020 (PPPFA). The PPPFA modifies the Paycheck Protection Program, which was first introduced under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The modifications provide borrowers more control over the use of funds and make it easier to obtain forgiveness. The following is a summary of the key changes.
Article, Labor and Employment Law
2020 | Article, Labor and Employment Law
A table with a green plant, coffee cup, and a stack of print publications.
Managing remote workers comes with its share of challenges. The complexities of setting and articulating expectations in a remote work environment – and providing feedback about performance tied to those expectations - adds an additional burden to our already-crowded work lives, particularly for managers who are new to remote supervisory roles.
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 employment law cases involve meal and rest periods, scope and hospitality, and waivers.
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.
As counties move to re-open businesses, many counties have issued requirements for businesses to post notices regarding their compliance with safe re-opening protocols.
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 May 19, 2020, the Occupational Safety and Health Administration (OSHA) released new guidance explaining how Compliance Safety and Health Officers (CSHOs) will ensure employers’ compliance on recording cases of work-related COVID-19 illnesses.
Legal Alert, Insurance Coverage
2020 | Legal Alert, Insurance Coverage
A businessman standing in the window of a high-rise building reading urgent business documents.
In Garcia v. Awerbach, 136 Nev. Adv. Op. 27 (May 21, 2020), the Supreme Court of Nevada reinstated a severe discovery sanction against a defendant who withheld a critical insurance claims note. In doing so, the Supreme Court sends a clear message that (a) an insurance company’s internal claims documents are discoverable and (b) refusing to disclose such documents expose parties to severe sanctions.
Article, Labor and Employment Law
2020 | Article, Labor and Employment Law
A table with a green plant, coffee cup, and a stack of print publications.
As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from the stay-at-home orders, employers should be on alert for the near-certain flood of new litigation.
Resource, Labor and Employment Law
2020 | Resource, Labor and Employment Law
Silhouettes of seven forward-facing business men and women.
As workplaces have begun to reopen, employers are curious about whether they can conduct temperature screenings of their employees. This guidance will explain if, when, and how employers may conduct temperature screenings of their employees.

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