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 […]
Privacy law compliance dates remain on the horizon for California employers. Provided below are a few key updates: California’s Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA)): As discussed here, a last-minute ruling on July 3, 2023, by a County of Sacramento Superior Court, stayed enforcement of employer related CCPA regulations[i] until March 29,…
To lower risk relating to allegations of harassment, discrimination or retaliation it is important that employers consistently enforce internal policies and procedures. Not just on an individual basis, but across the organization at all levels. This includes enforcing the types of behavior that impact the overall workplace culture (e.g., rude or unprofessional conduct). A perfect example of…
The Equal Employment Opportunity Commission (EEOC) has just settled its first discrimination suit based on the use of artificial intelligence (AI) in the hiring process. The case EEOC v. iTutorGroup offers employers a new cautionary tale on the use of artificial intelligence tools in the workplace. The iTutorGroup allegedly violated federal anti-discrimination laws by programming its online…
The Supreme Court of California [i] recently answered a question of statutory interpretation concerning the state’s Fair Employment and Housing Act (FEHA). The question certified to the Court was whether the FEHA’s definition of ‘employer,’ which includes ‘any person acting as an agent of an employer,’[ii] permits a business entity acting as an agent of an employer to be held…
The Equal Employment Opportunity Commission (EEOC) has posted a Notice of Proposed Rulemaking for the Pregnant Workers Fairness Act (PWFA). The proposed regulations were released on August 11, 2023, with a public comment period set to end October 10, 2023. The PWFA applies to all employers with 15 or more employees and requires an employer to provide reasonable accommodations, absent undue…
Cal/OSHA is planning on increasing its physical presence in several California counties over the next several months. Recently announced permanent office sites include: Regional Office in Fresno High Hazard Office in Fresno District Office in Santa Barbara District Office in Riverside According to Cal/OSHA the decision to invest in additional office locations was prompted by…
In a not-so-surprising move, the National Labor Relations Board (NLRB) has ruled in favor of rejecting its current “balancing test” - used to determine whether an employer’s work rules are so overly broad as to chill employees’ exercise of their rights under Section 7 of the National Labor Relations Act (NLRA) – in favor of a more restrictive “reasonable interpretation”…
California Governor Gavin Newsom’s recently signed budget bill (AB 102) provides a $3,000,000 allocation to the state’s previously non-operational Industrial Welfare Commission (IWC). The IWC - a quasi-legislative agency within the California Department of Industrial Relations (DIR) – was established nearly 100 years ago to regulate wages, hours and working conditions in California.…
An employee handbook serves several important functions: Provides a resource for employees looking for information on company policies/procedures and expectations. Helps manage employee expectations when it comes to adherence to company policies/procedures. Demonstrates employer compliance with various employment laws. Provides an opportunity to welcome new employees and share a…
