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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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 payment of wages, claims under the Private Attorneys General Act (PAGA) and employer consumer report disclosures.
Resource, Labor and Employment Law
2020 | Resource, Labor and Employment Law
Silhouettes of seven forward-facing business men and women.
This article is intended to be strategic and forward-looking in responding to COVID-19. The article summarizes recent legal requirements and regulatory guidance, with links to Payne & Fears COVID-19 alerts, to help your business work safely through current conditions and the safe resumption of business activity at the appropriate time.
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 April 7, 2020, Mayor Garcetti signed three employment-related COVID-19 Emergency Orders: Emergency Order: Supplemental Paid Sick Leave Due to COVID; Emergency Order: Worker Protection Order; Emergency Order: Grocery, Drug Retail, and Food Delivery Worker Protection.
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 Montrose Chemical Corp. v. Superior Court, 2020 WL 1671560 (April 6, 2020), the California Supreme Court held that, when one primary policy exhausts in a continuing injury claim, the excess insurer sitting above that policy must drop down and provide coverage for the entire claim (up to its policy limits), even if primary policies in other years remain unexhausted.
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.
The Department of Labor (“DOL”) has released guidance addressing two key questions under the Families First Coronavirus Response Act (“the Act” or “the FFCRA”): whether employees who have been furloughed or who have no work due to a closed worksite have a right to paid leave benefits under the Act; and if the terms “isolation and quarantine” used throughout the Act apply to “shelter in place” orders.
Article, Business Litigation
2020 | Article, Business Litigation
A table with a green plant, coffee cup, and a stack of print publications.
The federal government has enacted extensive COVID-related legislation, but left open the question of what industries, and which workers in those industries, are deemed “essential” during the pandemic. So far those decisions have been left to individual states.
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.
The Department of Labor (“DOL”) has the authority to exempt small businesses from providing paid leave benefits under the Families First Coronavirus Response Act if it “would jeopardize the viability of the business as a going concern.” This simple three-step guide will break down whether or not you qualify for the exemption.
Legal Alert, Business Litigation
2020 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
On March 21, 2020, the Treasury Department and the Internal Revenue Service issued Notice 2020-18, which announced that the federal income tax filing and payment due date is automatically extended from April 15, 2020, to July 15, 2020. The change came just two days after the federal income tax payment deadline was extended to July 15, 2020.
Legal Alert, Business Litigation
2020 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
With non-essential businesses in many states either closed or operating in a limited capacity due to COVID-19, many companies are unable to perform existing contracts. While the basic premise under most U.S. law is that contracts must be kept and performed, an extraordinary circumstance may make performance so vitally different from what was reasonably expected as to relieve performance.

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