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 California Privacy Protection Agency (Agency) is responsible for creating and enforcing California’s Privacy Rights Act (CPRA) regulations that took effect March 29, 2024. As discussed here, the CPRA amended and expanded the California Consumer Protection Act (CCPA) by, among other things, giving consumers the right to correct inaccurate personal information collected by a covered…
The recent California case Vazquez v. Sanisure, Inc., provides an important lesson on one of the basic premises of arbitration; an arbitration agreement is tied to the underlying contract containing it and as such it can be revoked on the same grounds as exist for the revocation of any contract. Initially hired by the company in 2019, employee Vazquez signed, as part of the hiring process, an…
California Senate Bill 553 amended the California Labor Code to create new requirements for addressing workplace violence. These new requirements include a July 1, 2024 effective date for employers to establish and implement an effective Workplace Violence Prevention Plan (WVPP). As discussed here, to assist employers in meeting this regulatory deadline, the California Division of…
A U.S. Court of Appeals for the District of Columbia has refused to enforce a National Labor Relations Board (Board) finding of unfair labor practices calling out the Board’s rational as “nonsense.” In the case Stern Produce Company Inc., v. NLRB the Court found the employer’s actions had not created the impression of surveilling union organizing activity nor risen to the level of…
The federal Occupational Safety and Health Administration (OSHA) has finalized a new rule allowing workers to designate a third-party representative to accompany any OSHA inspector during a facility inspection. Because the rule does not require the representative to be a company employee or the facility to be unionized, the opportunity for union representatives to fill the role is concerning. As…
A recent California Supreme Court ruling clarifies California's Industrial Welfare Commission (IWC) Wage Order (WO) requirements entitling employees to at least minimum wage compensation for all “hours worked.” In the case Huerta v. CSI Electrical Contractors , the Court focused on three specific questions centered on the applicability of the term ‘hours worked’ as found in WO #16.…
As discussed here, on March 22, 2024, the Cal/OSHA Standards Board took an unexpected step by unanimously approving an indoor heat illness prevention regulation. The approval has left California employers in a precarious state of limbo. What happens next? Over the next 30 working days, the California Office of Administrative Law (OAL) must review the rulemaking record to ensure agency…
Representatives of the U.S Occupational, Safety and Health Association (OSHA) as well as Cal/OSHA and Arizona’s ADOSH are authorized to inspect the workplace whenever they have reason to believe an employee may be in danger due to employment hazards. Complaints of workplace hazards can manifest in several ways, but employee complaints are the most common. Below are a few key points when it…
As discussed here, on October 26, 2023, the National Labor Relations Board (Board) issued a new Final Rule affecting joint employment under the National Labor Relations Act (NLRA). The new rule rescinded the Board’s prior rule enacted in 2020 (“2020 Rule”) and instead set forth a new test expanding the circumstances under which an employer is deemed a ‘joint employer.’ Legal…
On March 12, 2024 the U.S. Equal Employment Opportunity Commission (EEOC) made available its new data dashboard featuring the first-time collection of 2017 and 2018 pay data reported by about 70,000 private employers and certain federal contractors with 100 or more employees each year, representing over 100 million workers. The dashboard contains aggregated employer-level workforce…
The U.S. Center for Disease Control and Prevention (CDC) has updated its recommendations for how people can protect themselves and their communities from respiratory viruses, including COVID-19. The update addresses risks from a range of common respiratory viral illnesses, such as COVID-19, flu, and RSV. When sick with a respiratory virus, the CDC’s updated guidance recommends staying home…
The California Employment Development Department has updated its mandatory “For Your Benefit” pamphlet. The publication provides information about programs offered by the EDD for unemployed Californians and must be provided at the time of hire and termination. The publication is provided by the EDD in both English and Spanish. The California Department of Industrial Relations (DIR) has…
As discussed here, on September 30, 2023, California Governor Newsom signed SB 553[i] creating a new workplace violence law. In accordance with SB 553 mandates, starting July 1, 2024, covered employers will be required to implement a Workplace Violence Prevention Plan (WVPP). To assist employers in establishing, implementing and maintaining an effective WVPP, the California Division of…
The California Division of Occupational Safety and Health (Cal/OSHA) announced increases for civil penalty amounts for 2024. The increases adjust for inflation and ensure Cal/OSHA is consistent with California and federal law. What You Need to Know Some of the maximum penalties are going up by as much as $4,983 this year, a smaller increase than in the past. This annual increase is…
As discussed here, on October 26, 2023, the National Labor Relations Board (Board) 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.’ As discussed here, the new rule was set to take…
A recent National Labor Relations Board (NLRB) decision provides an important perspective on the boundaries of what constitutes “mutual aid and protection” under Section 7 of the National Labor Relations Act (NLRA). In the recent case Home Depot USA, Inc. (Home Depot), the NLRB reversed an Administrative Law Judge decision that found the employer had not violated employee Section 7 rights…
The Equal Employment Opportunity Commission (EEOC) has announced that its 2023 EEO-1 Component 1 data collection will open on Tuesday, April 30, 2024. The deadline to file the 2023 EEO-1 Component 1 report is Tuesday, June 4, 2024. Private employers subject to Title VII of the Civil Rights Act of 1964 (Title VII) and employing 100 or more employees during an employer-selected pay period in…
If you are an employer using private sector software products to electronically complete, modify, or retain Form I-9s, you should be familiar with U.S Department of Justice’s Civil Rights Division, Immigrant and Employee Rights Section (IER) and U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI) requirements for avoiding unlawful discrimination and other Form I-9…
The Americans with Disabilities Act of 1990 (ADA) and its amendments makes it unlawful to discriminate in employment against a qualified individual with a disability unless an exception applies. One of the rarest exceptions is one that relieves an employer of its obligation to provide a reasonable accommodation because doing so would create a direct threat to the health and safety of the…
A recent case brought by the Equal Employment Opportunity Commission (EEOC) emphasizes the importance of employer obligations to prevent disability discrimination in all aspects of employment including the hiring process. After just two hours of deliberation, a New York jury returned a landmark verdict of $1.675 million against McLane Northeast - a large facility distribution company - for…
