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 […]
California’s attempt to prohibit the use of employment-related mandatory arbitration agreements has been a long and ongoing battle. The latest scrimmage stems from the 2019 legislative session which produced AB 51. Signed into law October 2019 and effective (for a short period) beginning January 1, 2020, AB 51 prohibited an employer from requiring any applicant or employee to waive any right,…
The U.S. Department of Labor Wage and Hour Division (WHD) has published internal guidelines for agency officials responsible for enforcing Fair Labor Standards Act (FLSA) provisions of the 2022 PUMP Act (the Act). Employers are encouraged to review the newly published Field Assistance Bulletin No. 2023_02 to gain an ‘insider’s view’ into how the WHD will interpret and ultimately…
The U.S. Department of Labor (DOL) has recently released an updated Family and Medical Leave Act (FMLA) notification poster. Various federal laws require employers to provide notice of employee protections including those associated with the FMLA. In accordance with the FMLA, private employers with 50+ employees are required to display and keep displayed a poster prepared by the DOL…
On May 15, 2023 the U.S. Equal Employment Opportunity Commission (EEOC) released an update to its COVID-19 Technical Assistance guide, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (the Guide). Key updates to the Guide include: COVID-19 Accommodations Do Not Automatically Terminate: The end of the COVID-19 public health emergency does not mean…
The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have provided employers with an additional 30-days to reach compliance with Form I-9 requirements after COVID-19 flexibilities sunset on July 31, 2023. COVID-19 flexibilities were first announced in March 2020 and subsequently extended throughout the COVID-19 pandemic. Employers still relying…
The U.S. Consumer Financial Protection Bureau (CFPB) has published an updated version of its Summary of Consumer Rights notice. The Summary of Consumer Rights form is one of several federal notification forms employers must provide when conducting background checks in compliance with federal law under the Fair Credit Reporting Act (FCRA). Employers using consumer reports for…
Signed into law March 31, 2023, Colorado’s HB23-1006 (Employer Notice of Income Tax Credits) requires an employer to provide written notice of the availability of federal and state earned income tax credits and federal and state child tax credits at least once annually. Employers may send the written notice to employees electronically, including via email or text message. The written…
A refusal by the California Supreme Court to review the case Parsons v. Estenson Logistics, LLC leaves in place a Third District Court of Appeals ruling confirming that where an employee’s “weekly paid wages are due on a weekend or holiday, they may be paid on the next day that is not a holiday.” Parsons brought a Private Attorneys General Act (PAGA) action against his employer claiming…
California law1 requires employers with 100 or more payroll or labor contractor employees to annually submit data on the pay, hours worked, and demographics of their employees to the California Civil Rights Department (CRD). The filing deadline for the 2022 reporting year is May 10, 2023. As discussed here, ahead of the May 10th deadline, the CRD has begun accepting…
Making the decision to terminate the employee relationship is a complex decision that requires thought and planning. There are many things an employer can do to help minimize potential liability resulting from termination decisions. Key suggestions include, but are not limited to, the following: At-Will Language: Include at-will language in the company’s employment applications, offer…
As artificial intelligence becomes increasingly integrated into various employment-related technologies, it is important for employers to consider the potential impact on their obligations to prevent discrimination in the workplace. The Equal Employment Opportunity Commission (EEOC) has released guidelines on the use of software, algorithms, and AI to assess job applicants and employees as part…
The California Civil Rights Department (CRD) has updated its Pay Data Reporting FAQs to announce that beginning April 18, 2023, it will begin accepting “enforcement deferral requests” from employers for their Labor Contractor Employee Reports due May 10, 2023. Once granted, CRD will defer – through July 10, 2023 – seeking an order of compliance for the employer to file its Labor…
In a case of statutory interpretation, the California Court of Appeal recently ruled that litigation to enforce the state’s paid sick leave law (PSL) may be prosecuted under the state’s Private Attorney General Act (PAGA).i The Healthy Workplaces, Healthy Families Act of 2014 (HWHFA)ii generally requires employers to provide eligible employees with at least three paid sick days per year.…
A report of the Co-Chairs of EEOC’s Select Task Force on the Study of Harassment in the Workplace identified several core principles generally proven as effective in preventing and addressing harassment: Committed and engaged leadership; Consistent and demonstrated accountability; Strong and comprehensive harassment policies; Trusted and accessible complaint…
California’s Occupational Safety and Health Standards Board has posted notice of its proposed Heat Illness Prevention in Indoor Places of Employment rule. The 2016 approval of SB 1167 initiated a series of meetings by Cal/OSHA to develop a proposed regulation for minimizing heat-related illness and injury in indoor places of employment. State law requires the adoption of safety and health…
Certain employer exemptions within the California Consumer Privacy Act of 2018 (CCPA) were eliminated in accordance with the California Consumer Privacy Rights Act (CPRA)i when it became effective January 1, 2023. The January deadline also triggered several privacy related obligations for employers, such as: Providing notification to applicants, employees, and contractors as to the…
A recent California Court of Appeal decision offers individualized guidance on the limits of an employer’s responsibility to prohibit sexually harassing conduct when such conduct occurs during off-duty hours between friends. In the case Atalla v. Rite Aid Corp (2023)i the Court of Appeal limited the extent to which an employer can be held liable for after-hours conduct between…
On December 29, 2022, President Biden signed into law the PUMP for Nursing Mothers Act (“PUMP Act”) extending additional rights to nursing employees. As discussed here, the PUMP Act expands workplace protections for employees with a need to express breast milk. Specifically, the Fair Labor Standards Act (FLSA), as expanded by the PUMP Act, requires employers to provide reasonable break time…
California employers with 100 or more payroll or labor contractor employees are required to annually submit pay data - including hours worked and employee demographics - to the California Civil Rights Department (CRD). This year’s filing deadline for the 2022 reporting year is May 10, 2023. Employers must use the CRD’s Pay Data Reporting portal to submit the required pay…
The National Labor Relations Board (NLRB) has released a guidance memorandum clarifying its position on the use of confidentiality and non-disparagement provisions in employer settlement agreements. As discussed here, the NLRB’s late February decision in the matter McLaren Macomb reversed the agencies prior precedent on an employer’s use of confidentially and non-disparagement…
