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 […]
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…
A California Court of Appeal has reinstated the California Privacy Protection Agency’s (Agency) ability to enforce previously stayed California Privacy Rights Act (CPRA) regulations set to take effect March 29, 2024. A lawsuit initiated by the California Chamber of Commerce in June 2023 challenged the Agency’s authority to initiate regulatory efforts alleging government overreach,…
A U.S. Court of Appeals for the Second Circuit[i] has recently ruled that employers subject to the Fair Labor Standards Act (FLSA) are required to compensate employees for overtime, regardless of whether the employee requests overtime compensation. An employer violates the FLSA when it does not pay overtime wages for work it “suffers or permits,” that is, work it requires, knows about, or…
As discussed here, California’s AB 1076 amended existing California law to codify its position on restrictive covenants (e.g., noncompete agreements/clauses). Sending a very clear message, AB 1076 provides that, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” The statute also requires…
California employers with 100 or more payroll or labor contractor employees are required to annually submit pay data - including hours worked and employee demographics - to the California Civil Rights Department (CRD). This year’s filing deadline for the 2023 reporting year is May 8, 2024. Starting February 2, 2024, employers should begin accessing the CRD’s Pay Data…
