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 […]
The U.S. Supreme Court’s recent decision in E.M.D. Sales, Inc. v. Carrera settles a conflict among the courts and clarifies that the standard of proof that an employer must satisfy to show that an employee is exempt is by a preponderance-of-the-evidence, not the heightened standard of clear and convincing evidence. This decision sets a clear national standard under the Fair Labor Standards Act…
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) requires employers with more than 10 employees to keep a record of serious work-related injuries and illnesses.i Employers may utilize OSHA’s ITA Coverage Application to determine whether they are required to comply. OSHA requires that records of illness and injury be maintained at the employer’s…
The Department of Labor has published its final rule on annual increases for OSHA civil monetary penalties for 2025. The increases adjust for inflation and are published annually in accordance with federal law. The newly published increases apply to any penalties assessed after January 15, 2025. What You Need to Know This annual increase is required by a law under the federal…
As wildfires across California become more frequent and intense, employers must keep in mind Cal/OSHA regulations aimed at safeguarding workers from the harmful effects of wildfire smoke. Following Cal/OSHA alerts and regulatory guidelines will assist in maintaining workplace safety, particularly in areas prone to poor air quality during wildfire events. Below are a few key points to…
California employment-related laws from the 2024 legislative session address several issues impacting agricultural employers. Updates include changes to the Fair Employment & Housing Act (FEHA) and employer-paid sick leave benefits. Prompt action should be taken to assure compliance with all updates. Below is a summary of many of the laws affecting employers in the state, effective January…
The California Division of Occupational Safety and Health (Cal/OSHA) has issued $276,425 in penalties to a Van Nuys landscape maintenance company for willfully violating state heat illness prevention regulations. Cal/OSHA determined that the employer deliberately and knowingly failed to follow heat protection requirements. This marks the agency’s first willful heat violation citation in more…
California’s recently enacted AB 2299 requires the California Labor Commissioner to create a model notice of rights and protections provided to employees under the state’s whistleblower laws. In compliance with its statutory deadline of January 1, 2025, the Department of Industrial Relations has published its new model notice. The model notice must be posted in accordance with…
The U.S. Department of Labor has announced, a proposed rule to phase out the issuance of certificates allowing employers to pay some workers with disabilities less than the federal minimum wage, currently $7.25 per hour, for the work they perform. The rule proposes to gradually eliminate certificates employers can apply for under, Section 14(c) of Fair Labor Standards Act that allow…
It’s a New Year! Are you ready? Significant changes in federal employment laws for 2025 encompass critical aspects of workplace regulations, including new guidelines on harassment, revised rules on employee classification, and evolving interpretations of existing statutes. Understanding these changes is crucial for maintaining compliance and fostering a fair and equitable work environment.…
As the new year begins, it is important for California employers to finalize their efforts in updating company policies and practices to align with the significant legislative changes effective January 1, 2025. Ensuring compliance and proactively addressing these updates will help lower risk and prevent potential penalties. Below is a comprehensive checklist highlighting several key legislative…
Harassment, discrimination, and retaliatory conduct remain a concern and source of potential risk for employers. Sexual harassment also continues to be a serious area of liability with impacted employers seeing record settlements and damages awards. The California employer’s duty to prevent harassment includes training all employees on preventing sexual harassment and abusive conduct in…
It’s been an eventful year in the world of employment law! As 2024 draws to a close we took the opportunity to put together a Top Ten list of some of our most popular articles of the year; we hope you enjoy! Farm Labor Survey Previews H-2A Wage Increases for 2025 2024 H-2A Meal & Travel Reimbursement Rates Farmworker Unionization Faces Legal Challenge Amidst Allegations of…
As we look forward to the New Year, employers in all Member states should be aware of applicable minimum wage increases, as well as the final phase-in of California agriculture overtime provisions. Unless an exemption applies, most employers are subject to both state and federal minimum wage laws. However, local city and county minimum wage ordinances may require an employer to pay a…
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…
Join WG for our annual Employment Law Update Webinar on January 8, 2025, at 10 a.m. PST. Western Growers’ legal team will bring you up to speed on important California and federal 2025 legislative changes, including updates to California’s anti-discrimination laws, the latest on the captive audience ban, and reframing of the state’s Victim-of-Violence leave. Best practices guidance and…
The California Civil Rights Department (CRD) recently settled with several California employers – Amazon, Ikea, Kohl’s, the Los Angeles Dodgers, The Citizen Hotel, and MPIJet – over alleged violations of the state’s Fair Chance Act. Individual complaints filed with the CRD in 2023 allege each of the companies unlawfully rejected otherwise qualified job applicants and failed to…
A federal jury awarded $2 million in punitive damages and $170,000 for emotional harm against SkyWest Airlines to settle an Equal Employment Opportunity Commission (EEOC) sex discrimination lawsuit. According to the EEOC, multiple coworkers and at least one manager made extremely crude sexual comments to parts clerk, Sarah Budd, including the suggestion that she should make money via…
The Colorado legislature has been active throughout 2024 passing various laws impacting employers and their businesses. This article highlights a few significant changes, including a couple that took effect in June 2024. Understanding and preparing for these changes will assist in mitigating risk and strategic planning for the year ahead. Effective June 3, 2024: It is an unlawful…
With the holiday season upon us it is important to understand wage and hour obligations associated with holiday pay and the impact of holiday closures. California law makes no special provision for holiday pay; holidays, like Saturdays and Sundays, are treated like any other workday. As always, the focus in California is on making sure employees are paid for all hours worked – including…
A Texas federal district judge has vacated the U.S. Department of Labor’s (DOL) 2024 rule increasing the minimum salary employers must pay to exempt employees under the Fair Labor Standards Act (FLSA). As discussed here and here, a new federal overtime rule raising the salary threshold for overtime exemptions under the FLSA took effect July 1, 2024, with a second phase increase…
