Author Info for Payne & Fears

Jonathan Arjonilla

Eyes on Sacramento: Year-End Legislative Updates

With the California’s legislative session ending in October, we now know which bills made it through the legislative process and were presented to the governor, and which bills died along that path. For those bills that made it… more

Anti-Discrimination Policies, California, Employee Rights, FEHA, Legislative Agendas

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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

The NLRB Rescinds Certain General Counsel Memoranda

On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (NLRB) issued Memorandum GC 25-05, rescinding certain memoranda issued by the former General Counsel. Former General Counsel Jennifer A… more

EEO, Employee Rights, Employees, Employment Policies, Enforcement Actions

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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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Melissa Powar Clarke

Getting Prepared for Agency Visits

The news is rife with stories of federal immigration agencies increasing their enforcement activity, particularly US Customs and Immigration Enforcement (ICE) and the Department of Homeland Security (DHS). But what should… more

Department of Homeland Security (DHS), Department of Labor (DOL), Employer Responsibilities, Form I-9, Government Agencies

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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

[Webinar] New CA Employment Laws 2025: Are You Prepared? - December 4th, 11:30 am - 12:30 pm PT

Join us for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings. Topics include: - Key bills relating to freelance workers, “captive audience”… more

Anti-Discrimination Policies, Arbitration, Arbitration Agreements, Artificial Intelligence, California

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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

August/September Case Summaries

Summary: The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies not just to sexual assault and sexual harassment claims, but to all claims asserted in the “case.”… more

Arbitration, CA Supreme Court, Disability Discrimination, Injunctive Relief, Mandatory Arbitration

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Lukas Kramer

Eyes on Sacramento: Year-End Legislative Updates

With the California’s legislative session ending in October, we now know which bills made it through the legislative process and were presented to the governor, and which bills died along that path. For those bills that made it… more

Anti-Discrimination Policies, California, Employee Rights, FEHA, Legislative Agendas

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Philip Lem

NLRB GC Targets Non-Compete & “Stay-or-Pay” Provisions

On Oct. 7, 2024, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (“NLRB”), issued a memorandum aimed squarely at non-compete and “stay-or-pay” provisions, and how she plans to address them under the… more

Compensation, Employee Training, Job Ads, New Guidance, NLRA

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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

August/September Case Summaries

Summary: The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies not just to sexual assault and sexual harassment claims, but to all claims asserted in the “case.”… more

Arbitration, CA Supreme Court, Disability Discrimination, Injunctive Relief, Mandatory Arbitration

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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

Payne & Fears Secures $1.9 Million in Defense Costs for Homebuilder Client in Summary Judgment Win Against Insurer

On July 1, 2025, the U.S. District Court for the Central District of California entered summary judgment in favor of a national homebuilder against its insurance company, United Specialty Insurance Company (“USIC”), holding that… more

California, Construction Defects, Construction Litigation, Duty to Defend, Homeowners

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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

[Webinar] New CA Employment Laws 2025: Are You Prepared? - December 4th, 11:30 am - 12:30 pm PT

Join us for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings. Topics include: - Key bills relating to freelance workers, “captive audience”… more

Anti-Discrimination Policies, Arbitration, Arbitration Agreements, Artificial Intelligence, California

See all updates »

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

Payne & Fears Secures $1.9 Million in Defense Costs for Homebuilder Client in Summary Judgment Win Against Insurer

On July 1, 2025, the U.S. District Court for the Central District of California entered summary judgment in favor of a national homebuilder against its insurance company, United Specialty Insurance Company (“USIC”), holding that… more

California, Construction Defects, Construction Litigation, Duty to Defend, Homeowners

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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

The NLRB Rescinds Certain General Counsel Memoranda

On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (NLRB) issued Memorandum GC 25-05, rescinding certain memoranda issued by the former General Counsel. Former General Counsel Jennifer A… more

EEO, Employee Rights, Employees, Employment Policies, Enforcement Actions

See all updates »

Kathryn Querner

Eyes on Sacramento: Year-End Legislative Updates

With the California’s legislative session ending in October, we now know which bills made it through the legislative process and were presented to the governor, and which bills died along that path. For those bills that made it… more

Anti-Discrimination Policies, California, Employee Rights, FEHA, Legislative Agendas

See all updates »

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

See all updates »

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

See all updates »

Alejandro Ruiz

August/September Case Summaries

Summary: The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies not just to sexual assault and sexual harassment claims, but to all claims asserted in the “case.”… more

Arbitration, CA Supreme Court, Disability Discrimination, Injunctive Relief, Mandatory Arbitration

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Tyler Runge

Employers: How You Present an Arbitration Agreement Is Just as Important as What the Agreement Says

Employers in California often present new employees with an arbitration agreement, usually at onboarding. Employers often — or at least they should — take great care when drafting arbitration agreements to ensure they comply… more

Arbitration Agreements, California, Employee Rights, Employer Responsibilities, Employment Policies

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Scott Saylin

Eyes on Sacramento: Year-End Legislative Updates

With the California’s legislative session ending in October, we now know which bills made it through the legislative process and were presented to the governor, and which bills died along that path. For those bills that made it… more

Anti-Discrimination Policies, California, Employee Rights, FEHA, Legislative Agendas

See all updates »

Brian Shaw

Eyes on Sacramento: Year-End Legislative Updates

With the California’s legislative session ending in October, we now know which bills made it through the legislative process and were presented to the governor, and which bills died along that path. For those bills that made it… more

Anti-Discrimination Policies, California, Employee Rights, FEHA, Legislative Agendas

See all updates »

Scott Thomas

Payne & Fears Secures $1.9 Million in Defense Costs for Homebuilder Client in Summary Judgment Win Against Insurer

On July 1, 2025, the U.S. District Court for the Central District of California entered summary judgment in favor of a national homebuilder against its insurance company, United Specialty Insurance Company (“USIC”), holding that… more

California, Construction Defects, Construction Litigation, Duty to Defend, Homeowners

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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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Payne & Fears

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