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
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
Grid View
List View
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 March 19, 2021, Governor Gavin Newsom signed into law SB 95, thereby expanding California’s COVID supplemental paid sick leave provisions (“COVID leave”). California’s prior supplemental paid sick leave requirements (which flowed initially from the governor’s executive action, and then from AB 1867) expired on Dec. 31, 2020. SB 95, which extends and expands those prior protections, applies retroactively to Jan. 1, 2021. The leave requirements will run through Sept. 30, 2021, with the exception that if an employee is on COVID leave at the time the law expires, the employee will be entitled to the full amount of leave required, even if the leave extends beyond the expiration of the law. Below are the key elements of the new law that employers should be aware of.
Article, Insurance Coverage
2021 | Article, Insurance Coverage
A table with a green plant, coffee cup, and a stack of print publications.
One year ago, when the COVID-19 pandemic ground the world to a halt, our firm’s virtual offices were inundated with calls from policyholders, asking if their current and projected losses due to the pandemic would be covered by insurance.
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 Nevada Supreme Court held that insurers may seek reimbursement of defense costs if a court determines that it owed no duty to defend and the insurer reserved reimbursement rights.
Legal Alert, Business Litigation
2021 | Legal Alert, Business Litigation
A businessman standing in the window of a high-rise building reading urgent business documents.
A recent case in the Northern District of California presents a reminder that hospital systems need to consider antitrust issues when negotiating multi-hospital contracts with health plans. Unfortunately, even when hospitals reach mutually satisfactory agreements with health plans, the contracts are still subject to attack by third parties that view the contracts as anticompetitive.
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 March 11, 2021, President Biden signed H.R.1319 - American Rescue Plan Act of 2021 (“Rescue Plan”) into law—a $1.9 trillion stimulus bill. Here are five things every employer should know about the bill.
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 California Court of Appeal issued an important decision that may significantly impact how settlement opportunities are evaluated in catastrophic liability claims.
Case Summary, Labor and Employment Law
2021 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.
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.
The California Supreme Court held that employers cannot use the practice of rounding time punches in the meal period context, and that unrounded time records that show noncompliant meal periods raise a rebuttable presumption of meal period violations, including at the summary judgment stage. Donohue v. AMN Services, LLC, No. S253677 (February 25, 2021).
Case Summary, Labor and Employment Law
2021 | Case Summary, Labor and Employment Law
A man sitting at a desk writing with a pen and paper.

Pages