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 […]
In October 2021 the U.S. Occupational Safety and Health Administration (OSHA) published an Advance Notice of Proposed Rulemaking (Notice) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. Publication of the Notice signals the beginning of OSHA’s rulemaking process to consider a heat-specific workplace standard. Public comment on the Notice was extended ...
DHS Temporary Policy for Expired List B Documents To End The Department of Homeland Security (DHS) has recently announced the ending to its temporary COVID-19 pandemic policy allowing the use of expired Form I-9 List B documents to verify employment eligibility. Since May 1, 2020, DHS has allowed the use of expired documents (e.g., drivers’ ...
The U.S. Department of Labor recently assessed a Florida farm labor contractor over $37,000 for failing to reimburse fees to its H-2A workers.[i] The H-2A program allows for the employment of nonimmigrant workers for seasonal and temporary agricultural work. The federal program requires employers to reimburse H-2A workers for certain costs by the end ...
On April 6, 2022 the California Department of Public Health (CDPH) updated its COVID-19 Isolation/Quarantine Guidance. This latest update removes quarantine recommendations for asymptomatic exposed persons and includes updated definitions for “close contact” and “infectious periods” language. Since February 28, 2022, the CDPH has shifted its COVID-19 priorities to focus on high-risk…
The California Division of Occupational Safety and Health (Cal/OSHA) Standards Board is scheduled to meet on April 21, 2022 to decide whether to readopt a fourth iteration of its current COVID-19 Emergency Temporary Standards (ETS). The ETS applies to all workers not covered by the Aerosol Transmissible Disease Standard or those working alone/remotely and requires ...
On April 12, 2022, the Equal Employment Opportunity Commission (EEOC) announced the opening of the 2021 EEO-1 Component 1 data collection. The deadline for submitting and certifying 2021 EEO-1 Component 1 Report(s) is May 17, 2022. Access to the online filing system is through the EEOC’s dedicated EEO-1 Component 1 website. Employers subject to Title ...
The California Occupational Safety and Health Standards Board voted on April 21, 2022 to adopt proposed revisions to current COVID-19 Emergency Temporary Standards (Cal/OSHA ETS). The proposed adoption of the latest revisions passed by a 6 to 1 vote and is likely to be approved for implementation on or before the current May 5, 2022 ...
In early April 2022, National Labor Relations Board General Counsel Jennifer Abruzzo (GC) issued GC Memorandum 22-04 – a very pro-union directive signaling her intention to seek a ban on employer mandated “captive audience” meetings held during union organizing campaigns. For over 75 years the National Labor Relations Board (NLRB) has found captive audience meetings ...
The U.S. Department of Justice (DOJ) recently published guidance on how the Americans with Disabilities Act (ADA) protects individuals in treatment or recovery from Opioid Use Disorder (OUD). The publication, “The Americans with Disabilities Act and the Opioid Crisis: Combating Discrimination Against People in Treatment or Recovery,” is designed to assist employers in complying with ...
