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 AB 331 was signed into law on October 7, 2021 and is known as the Silenced No More Act (Act). The Act expands existing laws prohibiting disclosure of factual information related to actions in the workplace associated with claim(s) (civil or administrative) that include allegations of sexual assault (e.g., sexual harassment, workplace harassment/discrimination based ...
A recent California Court of Appeal case (Najarro v. Horizon Personnel Services, Inc., (Oct. 2021)(“Najarro”)) brings to light a few key issues employers should keep in mind when offering arbitration agreements to their employees. Arbitration agreements should not contain language that has the purpose or effect of waiving the employee’s right to bring a representative ...
As previously reported here an expedited review of OSHA’s November 5, 2021, Emergency Temporary Standard (ETS) by the Fifth Circuit Court of Appeals reaffirmed an initial stay Order preventing OSHA from enforcing the ETS as planned starting January 2022. Since winning the Appellate Court lottery the Sixth Circuit has been very busy setting a briefing ...
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 continuing 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 ...
With the holiday season upon us it is important that employers 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 ...
Effective Jan. 1, 2022, the minimum wage in California will increase to $15 per hour for large employers with 26 or more employees; it will increase to $14 for small employers with fewer than 25 employees. The amount for small employers will increase again on Jan. 1, 2023 to $15 per hour. State law requires ...
As discussed here, on July 26, 2021 the Biden Administration released a package of guidance and resources designed to assist employers facing new accommodation challenges relating to employees with “long COVID”. Today, the Equal Employment Opportunity Commission (EEOC) released additional guidance on how the Americans with Disabilities Act…
On December 17, 2021 the U.S. Court of Appeals for the Sixth Circuit lifted its stay of OSHA’s Emergency Temporary Standards (ETS). This means that all employers with 100 or more employees will be subject to the new federal OSHA ETS protocols. New compliance deadlines reflecting OSHA’s discretion in compliance enforcement have been set giving ...
On December 16, 2021 – one day before the Sixth Circuit lifted its stay of the federal OSHA ETS – Cal/OSHA announced it had readopted its previously issued Emergency Temporary Standards (ETS). Confusion ensued. The newest version of the Cal/OSHA ETS goes into effect January 14, 2022.[i] This deadline is unimpacted by the ongoing litigation ...
The California Department of Fair Employment and Housing (DFEH) has launched an affirmative enforcement effort to identify and correct violations of the Fair Chance Act. California’s Fair Chance or ‘Ban-the-Box’ laws generally prohibit employers with five or more employees from asking about a job applicant’s conviction history before making a conditional job offer and requires ...
On December 22, 2021, the U.S. Supreme Court announced it will fast-track oral arguments on challenges to the federal OSHA Emergency Temporary Standards (ETS). As discussed here, the Sixth Circuit Court of Appeals lifted its stay of OSHA’s ETS on December 17, 2021 subjecting all employers with 100 or more employees to its new…