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., 10/18/2021
E.g., 10/18/2021
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Case Summary, Labor and Employment Law
Jan 08 | Case Summary, Labor and Employment Law
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This month's key California employment law cases involve reasonable accommodation, interstate employment relationships, and PAGA notice requirements.
Legal Alert, Business Litigation
Jan 06 | Legal Alert, Business Litigation
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The Nevada Supreme Court held that courts may change or “blue-pencil” an unreasonably restrictive non-compete agreement to make it enforceable if the agreement contains a provision allowing the severance of unenforceable terms.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
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Much of the publicity and scrutiny surrounding the recently enacted coronavirus relief bill attached to the Consolidated Appropriations Act of 2021 has been focused on the economic impact payments and supplemental unemployment benefits provided to individuals. But perhaps the more important aspect of the relief package is the allocation of an additional $325 billion in aid for a second round of business assistance loans under the Paycheck Protection Program (“PPP”).
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
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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
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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
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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
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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”).

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