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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
Jul 12 | Labor and Employment Law
June's case summaries include decisions on arbitrating PAGA claims, class actions involving staffing agencies, and guidance from the California courts on wage-statement obligations for overtime true-up payments.
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
Jul 27 | Business Litigation
The California Supreme Court last week issued a decision in Siry Investments vs. Saeed Farkhondehpour that could dramatically expand the remedies available to partners or others in a commercial dispute who are victims of financial theft related to company assets and funds. Section 496(a) criminalizes the receipt of stolen property and provides for treble damages and attorney’s fees for the party suffering the loss. In a surprise opinion, the Supreme Court decided that Penal Code section 496 can apply any time there is a diversion of money or assets from a partnership, limited liability company or other business provided that the requisite criminal intent to deprive others of those funds can be shown. For the plaintiff in Siry, applying section 496 increased the outcome by many millions. The Siry decision likely will make available to plaintiffs in certain business disputes remedies of treble damages and attorney’s fees that ordinarily are not available for similar claims in other contexts.
E.g., 08/09/2022
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Legal Alert, Business Litigation
2021 | 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”).
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 California employment law cases involve duty to investigate the accuracy of criminal convictions, no-fault absenteeism policies, and enforceable forum-selection clauses.

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