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On May 5, 2023, the California Court of Appeal for the Second District released a policyholder-friendly decision reiterating the importance of an insurer’s duty to defend. The case also is a reminder to policyholders to...
Nickson v. Shemran, Inc., 90 Cal. App. 5th 121 (2023) Summary A plaintiff maintains standing to pursue a non-individual PAGA claim in state court when his individual PAGA claim is sent to arbitration pursuant to an...
Federal agencies have kept busy over the past month, with several releasing decisions or guidance directly related to the workplace. Employers should be aware of what these actions mean for the way they conduct their...
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...
May 2, 20233:00 pm – 5:00 pmThe Pacific Club, 4110 MacArthur Blvd., Newport Beach Parking will be validated. Several developments have surfaced in the past few months regarding PAGA standing in the wake of the U.S....
March 24, 2023
Article by Payne & Fears Attorneys Featured in California Health Law News Winter 2023 Issue
“The Impact of the August 26, 2022, Federal Surprise Billing Regulations on Health Care Provider Out-of-Network Reimbursement in California,” by Payne & Fears’ attorneys Robert Leventhal and Damon Rubin, was...
March 22, 2023
Is Your Business Prepared for New Workplace Protections for Pregnant and Nursing Mothers?
Businesses with employees in states that currently lack robust laws related to pregnant or nursing employees should be aware of new legislation and ensure their policies are in compliance before changes are set to go into...
Part Four of a Series Payne & Fears’ Business Litigation Group helps businesses and their owners with wide-ranging disputes. In our practice, we’ve noticed that in disputes among business partners there are common...
Helix Energy Solutions Group Inc. v. Hewitt, 143 S.Ct. 677 (2023) Summary Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy the FLSA’s...
Recent developments in the California Court of Appeal could impact pending or future Private Attorneys General Act (PAGA) litigation. Though many employers anxiously await a decision in the pending California Supreme Court...
February 27, 2023
CA Court of Appeal Holds that Plaintiff Whose Individual PAGA Claims Were Ordered to Arbitration May Still Pursue Non-Individual PAGA Claims in Court
Disagreeing with the United States Supreme Court’s conclusion in Viking River Cruises, Inc. v. Moriana, the California Court of Appeal held in Galarsa v. Dolgen California LLC that a plaintiff who has been ordered to...
Update March 23, 2023 On March 22, 2023, Jennifer Abruzzo, the General Counsel for the National Labor Relations Board (the “NLRB”), circulated a memorandum to the NLRB regional offices related to the McLaren Macomb...