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Robinson v. Southern Counties Oil Co, 53 Cal. App. 5th 476 (2020) Summary: Res judicata bars a PAGA claim when the employer has already settled a separate PAGA claim covering the same claims and time period. An employee does...
September 15, 2020
Ninth Circuit Rejects Excess Insurer’s Attempt to Dispute Exhaustion of Underlying Insurance
This week, in AXIS Reinsurance Co. v. Northrop Grumman Corp., ____ F.3d ____, 2020 WL 5509743 (9th Cir. Sept. 14, 2020), the Ninth Circuit addressed an important question of first impression: When can an excess insurer...
Replay Seminar Recordings Best Practices for Managing Layoffs During a Pandemic >> AB5: Liabilities and Defenses Under Employment and Tax Law >> Evolving Burdens in Wage-and-Hour Cases and How to Minimize...
September 10, 2020
Governor Signs Into Law Immediate Changes to Paid Sick Leave Requirements and AB5 Exemptions
The majority of the employment-related bills that Governor Newsom will sign this year will not take effect until January 2021 or later. But Governor Newsom signed two significant, employment-related “trailer bills” this...
On August 31, 2020, California’s legislative session closed with a flurry of bills—the majority driven by COVID-19. These bills have been sent to the governor, who now has until the end of September to sign them into law...
On August 27, 2020, the Department of Labor updated its Families First Coronavirus Response Act: Questions and Answers to address eligibility for FFCRA benefits in light of the complexity school program offerings. The FAQ now...
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...