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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
Feb 03
OSHA Issues Guidance On Mitigating, Preventing Spread of COVID-19 in the Workplace
By: Amy R. Patton, Blake A. Dillion
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.
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Insurance Coverage
2020 | Insurance Coverage
2020
Ninth Circuit Rejects Excess Insurer's Attempt to Dispute Exhaustion of Underlying Insurance
By: J. Kelby Van Patten, Jared De Jong
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.
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Business Litigation
2020 | Business Litigation
2020
Changing Your Terms and Conditions? If So, Your Company Must Provide Express Notice to Consumers
By: David A. Grant
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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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.
2020
California Supreme Court Addresses Critical Wage and Hour Issues for Employers Involved in Interstate Transportation and with Non-Traditional Compensation Plans
By: Daniel F. Fears, Tyler B. Runge
In a pair of overlapping opinions issued today – Ward v. United Airlines, Inc. and Oman v. Delta Air Lines, Inc. – the California Supreme Court addressed a wide variety of unsettled questions in California wage-and-hour law.
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Article, Business Litigation
2020 | Article, Business Litigation
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2020
A Quick Compliance Checklist Before the July 1 Enforcement of the CCPA
By: David A. Grant, Leilani E. Jones, Roza C. Rosner
The window for getting up to speed on California Consumer Privacy Act requirements is rapidly closing. The state Attorney General’s final version of the regulations goes into effect on July 1. This article provides a practical checklist for your company to evaluate now.
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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.
2020
The Five-Step Protocol to Reopening a Business
By: Amy R. Patton, Rana Ayazi
Over the past few months, guidance on how to create a safer, low-risk workplace has frequently changed. Fortunately, the state of California has finally reached a point where comprehensive and concrete advice is now available.
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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.
2020
Businesses Should Review Their Websites for ADA Accessibility Due to New Court Ruling
By: Randy R. Haj, Scott O. Luskin
Yesterday, a California Court of Appeal found that Americans with Disabilities Act (ADA) equal access standards for public accommodations can apply to websites, at least when there is a strong enough link between the website and accessing the business’s physical location, goods, or services.
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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.
2020
Antibody Tests Cannot be Required From Employees to Return to Work; Other New COVID-19 Guidance Issued
By: Amy R. Patton, Rana Ayazi
The Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance for employers.
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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.
2020
United States Supreme Court Holds that Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity
By: Jeffrey K. Brown
Today, the United States Supreme Court held that the Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity.
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Article, Labor and Employment Law
2020 | Article, Labor and Employment Law
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2020
Moving Toward a Telework Future: A Checklist of Considerations for Employers
By: Daniel F. Fears
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.
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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.
2020
Paycheck Protection Flexibility Act of 2020: What You Need to Know
By: Amy R. Patton, Rana Ayazi
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.
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Article, Labor and Employment Law
2020 | Article, Labor and Employment Law
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2020
Issues to Watch Out for When Managing Remote Workers
By: Melissa (Powar) Clarke
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.
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