Teresa McQueen is Corporate Counsel for Western Growers. In that capacity she provides advice and counsel to the organization on employment law matters and commercial trade practices. She also provides legal guidance to Western Growers members on employment law, human resources, and commercial agreements, as well as providing law-related educational opportunities and overseeing annual updates […]
If you found it difficult to keep up with all of the new directives coming from the National Labor Relations Board (the Board) in 2023, buckle up – it looks like more of the same as we head toward 2024. Priorities for the Board and General Counsel Jennifer Abruzzo will continue to focus on narrowing existing work rules and expanding Union protections. A few key areas will likely…
The California Privacy Protection Agency (CPPA) has released proposed draft automated decisionmaking technology (ADMT)[i] regulations defining protections related to businesses’ use of these AI-related technologies. The proposed draft regulations would implement consumers’ rights to opt out of, and access information about, a business’s uses of ADMT, as provided for by the California…
U.S. Department of Labor Occupational Safety and Health Administration (OSHA) offers important winter weather reminders for avoiding workplace illness, injuries or fatalities in workplaces impacted by winter weather. OSHA provides various resources aimed at improving the way people prepare for and respond to cold weather conditions. A few key reminders for employers this winter…
The National Labor Relations Board (the Board) and the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently announced the signing of a renewed Memorandum of Understanding (MOU), This latest MOU marks the second interagency agreement signed by the Board this year aimed at strengthening and reinforcing the Board’s expanding enforcement efforts. The MOU…
With the holiday season in full swing and many companies looking forward to once again hosting their employees for in-person holiday parties, it’s a good time to begin managing the holiday cheer. Whether your company will be hosting a formal or casual holiday get together these tips and reminders should help keep things merry and bright! Policy Reminders: It is always a good practice to…
The Arizona Court of Appeals recent decision in the case Papias v. Parker Fasteners LLC[i] provides a cautionary tale when it comes to the state’s Fair Wages and Healthy Family Act’s (the Act) anti-retaliation provisions. Papias sued his former employer for retaliation when the company terminated him less than 90-days after he attempted to use paid sick time under the Act. The company’s…
On May 18, 2023, the Cal/OSHA Standards Board (Board) held a public hearing to consider modifications to its Heat Illness Prevention in Indoor Places of Employment standard. After receiving oral and written public comment on the proposed revisions, the proposed standard was modified and reissued for public comment. Key provisions of the modified regulations include: Removal of…
Two significant cannabis-related legislative changes are set to take effect in California on January 1, 2024. AB 2188[i] established Cal. Govt. Code section 12954 prohibiting employers from penalizing applicants/employees for off-duty cannabis use that does not impair the individual’s work performance. SB 700[ii] expands protections provided under AB 2188 and prevents employers from…
As of November 1, 2023, all employers should be using the United States Citizenship and Immigration Services’ (USCIS) newly revised and updated Form I-9. As discussed here, the USCIS revised and updated its Form I-9 in August 2023. A grace period for use of the old Form was extended through October 31, 2023. However, starting November 1, 2023, all employers must have switched to the new…
Please enjoy this insightful article from our friends at Jackson Lewis, Jacklin Rad & Ikedi O. Onyemaobin. As we move into what many refer to as the holiday season, employers may have questions about handling wages and the holidays. Here are four things for employers to understand about holidays and pay for hourly (non-exempt) employees. Hours worked on a holiday, Saturdays or…
The Equal Employment Opportunity Commission’s (EEOC) 2022 EEO-1 Component 1 data collection opened October 31, 2023. The deadline to submit and certify reports is December 5, 2023. To meet this deadline eligible filers are encouraged to begin the filing process as soon as possible. The EEO-1 Component 1 report (EEO-1) is a mandatory EEOC annual data collection requiring all private sector…
The National Labor Relations Board (Board) has issued a new Final Rule affecting joint employment under the National Labor Relations Act (NLRA). The new rule rescinds the prior Rule enacted in 2020 and puts forth a new test expanding the circumstances under which an employer is deemed a ‘joint employer.’ Although the NLRA is silent as to the definition of “joint employer,” the Board…
California’s Civil Rights Department has announced the release of a new monthly “Civil Rights 101” webinar series. The series is free and focuses on addressing discrimination in both housing and employment. The series supports both employers and employees and is geared toward educating employers, hiring managers, human resource professionals, workers, job seekers, tenants, housing seekers,…
California’s newly signed SB 616 amends the state’s Healthy Workplace, Healthy Families Act of 2014 (HWHFA) by increasing accrual/frontloading paid sick leave mandates from 24 hours (3 days) to 40 hours (5 days) and increasing cap amounts to 80 hours. Currently, with certain exceptions, the HWHFA entitles an employee to paid sick days if the employee works in California for the same…
Variety store retailer Dollar General recently agreed to settle an Equal Employment Opportunity Commission (EEOC) lawsuit for violations of the Americans with Disabilities (ADA) and Genetic Information Non-Discrimination Acts (GINA). The $1 million dollar settlement is a cautionary tale for those employers who require applicants to pass pre-employment medical exams. It is also an important…
Starting January 1, 2024, California employers with five or more employees will be required to provide qualifying employees with five days of leave following a ‘reproductive loss.’ SB 848 makes it unlawful for a covered employer to refuse to grant Reproductive Leave (“Leave”) following a miscarriage, failed surrogacy, stillbirth, unsuccessful “assisted reproduction” (i.e.,…
Just to drive home the point that California is serious when it says noncompete agreements are unenforceable, Governor Newsom has signed yet another bill on the subject. As discussed here, on September 1, 2023 Governor Newsom signed into law SB 699, a statute firmly establishing the state’s position when it comes to prohibiting restrictive covenants. On October 13, 2023, the Governor signed…
The Equal Employment Opportunity Commission’s (EEOC) 2022 EEO-1 Component 1 data collection opens October 31, 2023. The EEO-1 Component 1 report is a mandatory annual data collection for all private sector employers with 100 or more employees and federal contractors meeting certain criteria including having 50 or more employees. Additional reporting details and resources can be found…
On September 30, 2023, California Gov. Gavin Newsom signed into law SB 428 providing expanded protection against certain types of workplace violence and harassment. Existing law allows an employer to seek a temporary restraining order (TRO) to protect employees and their immediate family members from a person who has engaged in violence or a credible threat of violence. However, when…
The California Civil Rights Department (CRD) has launched a new online interactive guide to assist job seekers in better understanding whether the state’s Fair Chance Act protections apply to them. The Fair Chance Act seeks to reduce barriers to employment for people who have been previously involved in the criminal legal system. In passing the law, the Legislature recognized that nearly…
