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 […]
While employers and employees continue to face workplace challenges associated with the shifting landscape of the return to work environment (e.g., decisions about adopting hybrid or remote approaches) it is important to keep in mind the potential risks and how they might be avoided. Outlined below are a few key issues: …
The final days of December 2021 saw a flurry of action on the COVID-19 front. On December 16, 2021 the Cal/OSHA Standards Board adopted its third version of the Cal/OSHA ETS. On December 20, 2021, the California Department of Public Health (CDPH) published updated isolation and quarantine guidance, but with the upsurge in Omicron cases, ...
The U.S. Equal Employment Opportunity Commission (EEOC) has posted tentative deadlines for 2021 EEO-1 filings. Scheduled to open on April 12, 2022, the EEO-1 filing deadline is tentatively set for May 17, 2022. The shortened collection and filing period is a significant change from previous years and represents a major change…
A significant change may be on the horizon for California’s Private Attorneys General Act of 2004 (PAGA). On December 15, 2021, the U.S. Supreme Court granted review of a case titled Viking River Cruises, Inc. v. Moriana (2020). Viking River is a 2020 California Court of Appeal decision reaffirming California’s long-standing…
The rollercoaster may have stopped, but the Emergency Temporary Standards (ETS) ride isn’t over yet. Federal OSHA ETS January 13, 2022 saw the U.S. Supreme Court rule against the Fed OSHA’s authority to impose its COVID-19 ETS mandate. The Court’s ruling stays the Fed OSHA ETS from taking effect and sends the matter back to ...
New legislation taking effect March 1, 2022 will see stricter enforcement of Colorado’s public policy against restrictive covenants. Colorado’s SB21-271 will impact enforcement efforts for violations of C.R.S. Section 8-2-113. Existing law under C.R.S. §8-2-113 voids certain restrictive agreements such as noncompete and nonsolicitation agreements unless certain exceptions apply[i]. SB21-271…
As with minimum wage laws, employers must comply with the state or federal overtime laws that are most protective of the employee. Arizona follows federal law under the Fair Labor Standards Act (FLSA) regarding overtime and must pay nonexempt employees at least 1.5 times their regular rate of pay for all hours worked over 40 ...
The California Department of Industrial Relations has published updated COVID-19 resources to assist employers in complying with California Division of Occupational Health and Safety (Cal/OSHA) Emergency Temporary Standards (ETS) regulations: Revisions to the COVID-19 Prevention Emergency Temporary Standards (effective January 14, 2022) Frequently Asked Questions (Updated as of January 14,…
Disaster – wildfires, serious illness (COVID anyone?), and the ever-present specter of “the big-one!” – can be a game changer for any business. Even small events such as a burst pipe or loss of technical services can wreak havoc on businesses of all sizes. Adopting a workable standard approach to disaster planning can go a ...
