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 […]
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 the…
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 partygoers and companies ...
Colorado’s Family and Medical Leave Insurance (FMLI) program is scheduled to start January 1., 2023. Employers and employees across Colorado are required to notify employees of payroll deductions by posting the Required Program Notice on or before the January 2023 deadline. Premium deductions begin in January however, the first payment employers are required to make ...
On November 11, 2022, Colorado’s Governor issued an Executive Order extending the state’s COVID-19 disaster emergency declaration. The declaration which has been in place since March 2020 will now include “Respiratory Syncytial Virus (RSV), influenza, and other respiratory illnesses.” The Order does not create any new requirements when it comes to providing public health emergency…
A new year is just around the corner – can you believe it! Time to begin planning for important changes in California wage and hour laws taking effect January 1, 2023. Minimum Wage: On January 1, 2023, California’s minimum wage increases to $15.50 per hour. This marks the first increase since 2017 that impacts all ...
The approach of a new year always presents a great opportunity for employers to review and, as necessary, revise existing policies and practices. Immigration documentation in the workplace has seen some significant changes over the past year with further developments expected in 2023. Below are a few key tips to help you remain complaint in ...
The U.S. Department of Labor (DOL) has published the 2023 Adverse Effect Wage Rates (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform agricultural labor or services other than the herding or production of livestock on the range. Starting January 1, 2023, the AEWRs to be paid for H-2A ...
California’s Occupational Safety and Health Standards Board (Cal-OSHA) voted on December 15, 2022, to adopt non-emergency COVID-19 Prevention regulations. The regulations are anticipated to take effect January 2023 once approved by the Office of Administrative Law. The regulations will remain in effect for two years after their effective date, except for the recordkeeping subsections that…
The California Equal Pay Act prohibits an employer from paying its employees less than that of the opposite sex for equal work. Equal Pay Act mandates were strengthened with the signing of the California Fair Pay Act (SB 1162) which, starting January 1, 2023, will require employers to disclose additional pay data, provide pay ranges ...
State and federal law require employers to meet workplace posting obligations. What must be posted depends on many factors including the number of employees, nature and location of the employer’s business, annual dollar volume, whether the employer is a federal contractor, and in certain instances the employer’s industry. Posting requirements vary by statute which means ...
It’s been an eventful year in the world of employment law! As 2022 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 Shows H-2A Wage Increase for 2023 Card Check Bill AB ...
As the New Year approaches many employers are giving the green light to return some employees to the workplace; a topic that remains top-of-mind for both employers and employees. Employers contemplating some ongoing levels of remote or hybrid work should begin developing comprehensive policies. Below are a few key points to consider: Eligibility. It is…
A 9th Circuit Court of Appeals panel has upheld a lower court ruling in favor of employer WinCo Foods, LLC. A class action litigation brought by employee Alfred Johnson on behalf of himself and other WinCo employees (plaintiffs) in California, alleged WinCo failed to compensate successful applicants for employment, as employees, for the time and ...
The Scenario: Employee sustains a work-related injury and files a workers’ compensation claim. While the claim is pending, the employee is declared temporarily totally disabled (“TTD”) for one reason or another. After receiving notice of the TTD finding, the employer, believing the employee to be “totally disabled” (as opposed to “temporarily totally disabled) either refuses ...
