Payne & Fears

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Jamboree Center
4 Park Plaza, Suite 1100
Irvine, CA 92614, United States
Phone: (949) 851-1100
Fax: (949) 851-1212
Areas Of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
See more
Locations
Other U.S. Locations
  • Arizona
  • California
  • Nevada
  • Utah
Number of Attorneys
25-50 Attorneys

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
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

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
 /  Business Organizations, Commercial Law & Contracts, Labor & Employment Law

[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
 /  Antitrust & Trade Regulation, Commercial Law & Contracts, Labor & Employment Law

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
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Civil Rights, Labor & Employment Law

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
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

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
 /  Civil Procedure, Civil Remedies, Labor & Employment Law

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
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Major PAGA Reform Deal Announced

Governor Newsom, in partnership with legislative leadership and business and labor groups, announced an agreement to reform the Private Attorneys General Act, or PAGA. The proposed agreement includes sweeping changes to…more
 /  Civil Procedure, Labor & Employment Law

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
 /  Administrative Law, Civil Rights, Labor & Employment Law

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
 /  Business Organizations, Commercial Law & Contracts, Insurance

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
 /  Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law

Employers Have a Good Faith Defense to Statutory Penalties for Wage Statement Violations

The Question - The basics of California’s wage statement requirements should be familiar to employers. The consequences for failing to comply with these requirements can be severe…more
 /  Labor & Employment Law

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
 /  Administrative Law, Commercial Law & Contracts, Labor & Employment Law

Supreme Court Lowers the Bar for Challenging Discriminatory Job Transfers Under Title VII

Today, the U.S. Supreme Court made it easier for employees to challenge discriminatory job transfers. In Muldrow v. City of St. Louis, the Court held that an employee challenging a job transfer under Title VII must show that the…more
 /  Civil Procedure, Civil Rights, Labor & Employment Law

Federal Arbitration Act’s Interstate Commerce Exemption Applies Outside the “Transportation Industry”

In a unanimous opinion, the Supreme Court held today that the Federal Arbitration Act’s (“FAA”) exemption for any “class of workers engaged in foreign or interstate commerce” is not limited to workers whose employers are in the…more
 /  Alternative Dispute Resolution (ADR), Labor & Employment Law
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