Author Info for Payne & Fears

Jonathan Arjonilla

July 2024 Case Summaries

Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet can…more

Appeals, Arbitration Agreements, CA Supreme Court, California, FEHA

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Ray Boggess

No "End Run" Around Brinker Under Section 17200

The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,…more

Amended Complaints, Appeals, Brinker, Burden of Proof, Calculation of Damages

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Jeffrey Brown

Helping Employers Traverse the PAGA Jungle: Key Takeaways

Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Federal Arbitration Act, Labor Regulations

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Taylor Brown

2023 Key Legislative Developments: Discrimination, Retaliation, and Harassment in Employment

Existing law prohibits a person from discharging an employee or in any manner discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant engaged…more

Disclosure Requirements, Employee Benefits, Employment Discrimination, Fast-Food Industry, Harassment

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Nathan Cazier

VIZIO’s Multi-Million-Dollar Insurance Claim Denied Over Communication Issue

It’s been said that in business, silence isn’t golden, it’s deadly. The same holds true for insurance, where communication with your insurer (or the lack thereof) can be the difference between coverage or a denial…more

Appeals, Dismissals, Insurance Claims, VIZIO

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Caleb Chin

April 2024 Case Summaries

Mattioda v. Nelson, 98 F.4th 1164 (9th Cir. 2024) - Summary: Disability-based harassment claims are available under the Americans with Disabilities Act and the Rehabilitation Act…more

Americans with Disabilities Act (ADA), Arbitration Agreements, Breach of Contract, Civil Rights Act, Disability Discrimination

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Melissa Powar Clarke

Are My Employees Working Multiple Jobs?

“Double-dipping” (sometimes called “overemployment”) refers to employees working multiple jobs, often full time. In many circumstances, the multiple employers are unaware of one another. Double dipping creates legal…more

Disclosure Requirements, Employees, Employer Liability Issues, Employment Policies, Failure to Notify

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C. Darryl Cordero

Consumer Class Action Against Sutter Health Allowed to Proceed

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…more

Anti-Competitive, Class Action, Health Care Providers, Health Insurance, Hospitals

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Alexandra DeFelice

Solutions To 4 Common Law Firm Diversity Challenges

Minority attorneys continue to depart law firms at a higher rate than those in the majority and continue to be substantially underrepresented at the partner level. With the continued demands of clients and other organizations to…more

Diversity, Firm Leadership, Human Resources Professionals, Law Firm Associates, Law Firm Partners

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Blake Dillion

Eyes on Sacramento - June 2024

It is time to take stock of where we are with potential new employment-related laws now that we have passed the first major deadline in California’s legislative calendar. May 24 marked the deadline for pending legislation to…more

California, Deadlines, Injunctive Relief, Notification Requirements, Proposed Legislation

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Camilla Dudley

April 2024 Case Summaries

Mattioda v. Nelson, 98 F.4th 1164 (9th Cir. 2024) - Summary: Disability-based harassment claims are available under the Americans with Disabilities Act and the Rehabilitation Act…more

Americans with Disabilities Act (ADA), Arbitration Agreements, Breach of Contract, Civil Rights Act, Disability Discrimination

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Daniel Fears

Union Cannot Avoid State Court Claims for Property Damage Caused by Strike, Supreme Court Holds

The United States Supreme Court issued its highly anticipated labor decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174 today. The 8-1 majority opinion is a win for management and…more

Employer Liability Issues, Glacier Northwest v International Brotherhood of Teamsters, NLRA, SCOTUS, State Law Claims

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Laura Fleming

New OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)

On Sept. 9, 2021, President Joe Biden announced his COVID-19 Action Plan. The Action Plan called on the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) to develop a rule requiring all employers with…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Employment Policies

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Andrew Haeffele

Mayor Garcetti Signs Emergency Orders Increasing Worker Protections and Mandating Supplemental Paid Sick Leave

On April 7, 2020, Mayor Garcetti signed three employment-related COVID-19 Emergency Orders. Emergency Order: Supplemental Paid Sick Leave Due to COVID - 1. Required Employers: An Employer with more than 500 employees…more

City of Los Angeles, Emergency Orders, Employee Rights, Employer Responsibilities, Mayor Garcetti

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Randy Haj

Businesses Receive Clarity on What Automated Calls and Texts Violate the TCPA

The Supreme Court’s Facebook, Inc. v. Duguid decision finally settled the confusion over what equipment constitutes an automatic telephone dialing system (a robodialer) that can violate the Telephone Consumer Protection Act…more

ATDS, Auto-Dialed Calls, Do Not Call List, Facebook, Facebook Inc v Duguid

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Leilani Jones

The EEOC Releases Guidance on Legal Opioid Use and Reasonable Accommodations

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…more

Americans with Disabilities Act (ADA), Disability Discrimination, Drug Treatment, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Ryan Kilpatrick

March 2024 Case Summaries

Summary - To qualify as a transportation worker for purposes of the FAA, an employee’s relationship to the movement of goods must be sufficiently close enough to conclude that the employee’s work plays a tangible and meaningful…more

Attorney's Fees, Federal Arbitration Act, Labor Code, Suppliers, Unpaid Overtime

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Lukas Kramer

July 2024 Case Summaries

Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet can…more

Appeals, Arbitration Agreements, CA Supreme Court, California, FEHA

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Connor Kridle

2023 Key Legislative Developments: Discrimination, Retaliation, and Harassment in Employment

Existing law prohibits a person from discharging an employee or in any manner discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant engaged…more

Disclosure Requirements, Employee Benefits, Employment Discrimination, Fast-Food Industry, Harassment

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Philip Lem

[Webinar] Dissecting Restrictive Covenants and Non-Competes - September 12th, 12:00 pm PT

The FTC’s national ban on non-compete agreements and related court challenges once again puts the spotlight on restrictive covenants and their continued viability in a variety of contractual scenarios. This interactive Zoom…more

Contract Drafting, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing, Non-Compete Agreements

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Robert Leventhal

Hospitals’ Potential Liability for Failing to Disclose Emergency Room Facility Fees Explored by California Court of Appeal

California hospitals should be aware of a new California Court of Appeal decision that explores whether hospitals can be held liable for failing to disclose their emergency room fees to patients prior to evaluating/treating them…more

Emergency Rooms, EMTALA, Fee Disclosure, Health Care Providers, Hospitals

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Matthew Lewis

May 2024 Case Summaries

Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence of…more

Appeals, Arbitration Agreements, Cal Code of Civil Procedure, Employment Discrimination, Enforcement

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Daniel Livingston

California Court of Appeal Clarifies the Limits of the Attorney-Client Privilege for Communications with an Attorney and a Third Party Consultant

A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably necessary…more

Appeals, Attorney-Client Privilege, Confidential Communications, Consultants, Defamation

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Sarah Long

COVID-19 Does Not Constitute Direct Physical Loss or Damage to Property

The Supreme Court of California recently weighed in on conflicting conclusions reached by California Courts of Appeal regarding insurance coverage for COVID-19 related losses, in its May 23, 2024 decision in Another Planet…more

Appeals, Business Losses, CA Supreme Court, Coronavirus/COVID-19, Property Damage

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Scott Luskin

[Webinar] Dissecting Restrictive Covenants and Non-Competes - September 12th, 12:00 pm PT

The FTC’s national ban on non-compete agreements and related court challenges once again puts the spotlight on restrictive covenants and their continued viability in a variety of contractual scenarios. This interactive Zoom…more

Contract Drafting, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing, Non-Compete Agreements

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Robert Tadashi Matsuishi

FTC Rule Bans New Non-Compete Agreements Nationwide

Today, the FTC approved and issued its Final Rule that, in effect, bans all post-employment non-competes nationwide. The rule applies not only to new non-competes, but to most agreements already in force as well. Like the…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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James Moss Jr.

[Virtual Employment Seminar] Fear Nothing 2021: Regular Rate of Pay, Remote Workforce Landmines, COVID Litigation & Workplace Diversity - October 29th, 9:30 am - 3:30 pm PDT

2021 brought several changes to the workplace, but employers should have less to fear following this Payne & Fears conference. Join us for a full day of seminars on the most pressing employment law topics, transmitted to you in…more

Anti-Discrimination Policies, Anti-Harassment Policies, Business Expenses, Coronavirus/COVID-19, Diversity

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Leila Narvid

Employers, Don’t Waive Your Right to Compel Arbitration — The California Supreme Court Just Made It Easier to Do

The Risk of Litigating Before Moving to Arbitrate - Many employers in California ask or require their employees to execute arbitration agreements. When a claim arises, the employer has a choice—proceed with litigation…more

Arbitration, Arbitration Agreements, CA Supreme Court, Federal Arbitration Act, Motion to Compel

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Benjamin Nix

[Webinar] Dissecting Restrictive Covenants and Non-Competes - September 12th, 12:00 pm PT

The FTC’s national ban on non-compete agreements and related court challenges once again puts the spotlight on restrictive covenants and their continued viability in a variety of contractual scenarios. This interactive Zoom…more

Contract Drafting, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing, Non-Compete Agreements

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Sarah Odia

VIZIO’s Multi-Million-Dollar Insurance Claim Denied Over Communication Issue

It’s been said that in business, silence isn’t golden, it’s deadly. The same holds true for insurance, where communication with your insurer (or the lack thereof) can be the difference between coverage or a denial…more

Appeals, Dismissals, Insurance Claims, VIZIO

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Bree Oswald

2023 Key Legislative Developments: Discrimination, Retaliation, and Harassment in Employment

Existing law prohibits a person from discharging an employee or in any manner discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant engaged…more

Disclosure Requirements, Employee Benefits, Employment Discrimination, Fast-Food Industry, Harassment

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Amy Patton

Text of Major PAGA Reform Legislation Revealed

UPDATE: JULY 1, 2024 The proposed PAGA reform legislation passed the California Assembly and Senate and has been signed into law by Governor Newsom today. What are the main takeaways from the proposed legislation? To…more

California, Employer Liability Issues, Employment Litigation, Governor Newsom, Labor Law Violations

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Erika Rasch

[Webinar] Dissecting Restrictive Covenants and Non-Competes - September 12th, 12:00 pm PT

The FTC’s national ban on non-compete agreements and related court challenges once again puts the spotlight on restrictive covenants and their continued viability in a variety of contractual scenarios. This interactive Zoom…more

Contract Drafting, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing, Non-Compete Agreements

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Damon Rubin

[Webinar] Dissecting Restrictive Covenants and Non-Competes - September 12th, 12:00 pm PT

The FTC’s national ban on non-compete agreements and related court challenges once again puts the spotlight on restrictive covenants and their continued viability in a variety of contractual scenarios. This interactive Zoom…more

Contract Drafting, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing, Non-Compete Agreements

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Alejandro Ruiz

July 2024 Case Summaries

Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet can…more

Appeals, Arbitration Agreements, CA Supreme Court, California, FEHA

See all updates »

Tyler Runge

July 2024 Case Summaries

Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet can…more

Appeals, Arbitration Agreements, CA Supreme Court, California, FEHA

See all updates »

Brian Shaw

Text of Major PAGA Reform Legislation Revealed

UPDATE: JULY 1, 2024 The proposed PAGA reform legislation passed the California Assembly and Senate and has been signed into law by Governor Newsom today. What are the main takeaways from the proposed legislation? To…more

California, Employer Liability Issues, Employment Litigation, Governor Newsom, Labor Law Violations

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Scott Thomas

COVID-19 Does Not Constitute Direct Physical Loss or Damage to Property

The Supreme Court of California recently weighed in on conflicting conclusions reached by California Courts of Appeal regarding insurance coverage for COVID-19 related losses, in its May 23, 2024 decision in Another Planet…more

Appeals, Business Losses, CA Supreme Court, Coronavirus/COVID-19, Property Damage

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J. Kelby Van Patten

California Court of Appeal Issues Important Opinion on Bad Faith Failure to Settle

The California Court of Appeal issued an important decision that may significantly impact how settlement opportunities are evaluated in catastrophic liability claims. In Pinto v. Farmers Ins. Exch., No. B295742, ___ Cal. App…more

Bad Faith, Duty to Settle, Insurance Industry, Insurance Litigation, Policy Limits

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Thomas Vincent

Do You Have to Pay Rent During a Pandemic?

Now that California and many other states have entered the first full week of Stay-At-Home orders, many businesses are confronting the reality that they have significant lease commitments without the ability to meaningfully…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction

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Richard Zepfel

Key Issues in Business Formation

Part One of a Series - Americans are serial entrepreneurs, consistently starting new businesses. Data from the U.S. Census Bureau shows that more than 432,000 new businesses applied for tax IDs or Employer Identification…more

Business Entities, Business Formation, Business Plans, Business Strategies, Corporate Governance

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