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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
Jun 14 | Labor and Employment Law
The key California Employment Law Case Summaries from May 2022 include using unpaid meal- and rest-break premiums as basis for waiting-time penalties and inaccurate wage statement claims, FAA requirements for resisting arbitration, and a trial court's discretion to apply the doctrine of exclusive concurrent jurisdiction to stay a later-filed PAGA action involving claims that overlap with an earlier-filed PAGA action.
Insurance Coverage
May 24 | Insurance Coverage
In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the wrong piece of land because the act of grading land is not “accidental.”
Business Litigation
Apr 29 | Business Litigation
The California Court of Appeal recently provided much needed clarification regarding the application of Proposition 65, which prohibits businesses from knowingly and intentionally exposing individuals to certain chemicals without first providing a written warning. In Lee v. Amazon.com, Inc., 76 Cal. App. 5th 200 (March 2022), the court addressed two key questions: (1) whether constructive knowledge of hazardous chemicals and potential exposure is sufficient under the statute, or if actual knowledge is required; and (2) what level of specificity is required in a Proposition 65 Notice of Violation. Lee’s ruling is important for every company that sells consumer products because Proposition 65 obligations apply “to any retailer, manufacturer, producer, packager, importer, supplier, or distributor of the product.” Lee, 76 Cal. App 5th at 231. A company found to have violated Proposition 65 can be fined up to $2,500 per violation per day, which can quickly add up, especially if the violator sells multiple offending products on a regular/daily basis.
E.g., 07/02/2022
E.g., 07/02/2022
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Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
On May 18, 2021, Santa Clara County updated its Order of the Health Officer and FAQs to require, effective June 1, 2021, that employers determine the vaccination status of all “personnel.”
Case Summary, Labor and Employment Law
2021 | Case Summary, Labor and Employment Law
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Legal Alert, Insurance Coverage
2021 | Legal Alert, Insurance Coverage
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The Texas Supreme Court recently increased policyholders’ influence over an insurer’s right to settle a third-party claim for less than policy limits.
Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
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The Ninth Circuit Court of Appeals held today that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) does not preempt application of California’s Assembly Bill 5 (“AB 5”), codified as amended at Labor Code section 2775, against motor carriers.
Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
A businessman standing in the window of a high-rise building reading urgent business documents.
Governor Gavin Newsom signed SB 93 into law. The bill requires employers in specified hospitality and business services-related industries to offer to rehire certain workers who were laid off during the pandemic, before offering those positions to new hires, and to notify individuals not being rehired due to lack of qualifications about the employer’s decision to hire another worker.
Case Summary, Labor and Employment Law
2021 | Case Summary, Labor and Employment Law
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Article, Business Litigation
2021 | Article, Business Litigation
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One year after COVID caused companies to send droves of employees home to work remotely, how well did those employees do at protecting their clients’ and their company’s confidential information and what can they do better as they continue to work from home?
Legal Alert, Business Litigation
2021 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
The Supreme Court’s Facebook, Inc. v. Duguid decision finally settled the confusion over what equipment constitutes an automatic telephone dialing system (a robodialer) that can violate the Telephone Consumer Protection Act (TCPA).
Legal Alert, Insurance Coverage
2021 | Legal Alert, Insurance Coverage
A businessman standing in the window of a high-rise building reading urgent business documents.
The Texas Supreme Court has accepted certified questions from Fifth Circuit Court of Appeals to clarify Texas’s eight-corners rule for determining the existence of a duty to defend.

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