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Earlier this month, the U.S. Equal Employment Opportunity Commission (EEOC) released two new documents addressing concerns about the employment provisions of the Americans with Disabilities Act (ADA) and opioid use. Employers...
Congratulations to the eight Payne & Fears partners recognized by Best Lawyers® 2021. Additionally, James L. Payne has been named “Lawyer of the Year.” Partners recognized in the following practice areas:...
August 14, 2020
California Court of Appeal Reins in PAGA Abuse – Addressing Serial PAGA Lawsuits and Standing for Former Employees
In Robinson v. Southern Counties Oil Co., 2020 WL 4696742 (certified for publication Cal. Ct. App. Aug. 13, 2020), the California Court of Appeal held that an action under the Private Attorneys General Act (“PAGA”), Cal....
August 13, 2020
Nevada Businesses Protected from Civil Liability for COVID-19: What Companies Need to Know
Using a carrot-and-stick approach, Nevada’s new law limits civil liability for personal injury or death resulting from COVID-19 for most businesses in exchange for compliance with controlling COVID-19 health standards....
August 10, 2020
NLRB Enforces Strict Requirements for Savings Clauses in Employee Arbitration Agreements
The National Labor Relations Board (“NLRB” or “Board”) has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements. Employers should not ignore this body of law, which...
Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...
August 6, 2020
Economic Tort of Tortious Interference With At-Will Contractual Relations Requires Allegation of Independent Wrongful Act
In Ixchel Pharma, LLC v. Biogen, Inc., S256927, 2020 WL 4432623 (Cal. Aug. 3, 2020) (“Ixchel Pharma”), the Supreme Court of California clarified two points: (1) that to state a claim for interference with an at-will...
Freedom of contract is broad. Parties have many options when divvying up rights and duties pursuant to a written contract. Remedies can be limited; damages can be liquidated. One option is an indemnity...
July 27, 2020
California’s New “Employer Playbook” Helps Employers Prepare for and Respond to COVID-19 Situations
On July 24, 2020, California released the Employer Playbook for a Safe Reopening. The Employer Playbook provides detailed information for employers in an easy-to-read checklist format. The majority of the document is...
Update: On August 31, 2020, the Blueprint for Safer Economy replaced the County Monitoring List for determining what businesses can and cannot open. The Blueprint utilizes a more user friendly four-tiered color system (i.e.,...
Update: On August 3, 2020, the California Department of Public Health explained how an elementary school (i.e., transitional kindergarten to 6th grade) may be considered for a waiver to re-open in-person instruction. The...
Update: On August 31, 2020, the Blueprint for Safer Economy replaced the County Monitoring List for determining what businesses can and cannot open. The Blueprint utilizes a more user friendly four-tiered color system (i.e.,...