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 […]
The California Civil Rights Department (CRD (formerly the Department of Fair Employment and Housing (DFEH)) has issued FAQs providing guidance on California’s new limitations on confidentiality and non-disparagement clauses in employment, separation, and settlement agreements. The laws regarding these types of agreements have been expanded over the past several years. The last expansion, SB…
The California Civil Rights Department (CRD (formerly the Department of Fair Employment and Housing (DFEH)) has issued FAQs providing guidance on California’s new limitations on confidentiality and non-disparagement clauses in employment, separation, and settlement agreements. The laws regarding these types of agreements have been expanded over the past several years. The last expansion, SB…
On December 29, 2022, President Biden signed into law two new Bills offering additional protections for pregnant and lactating workers. The Pregnant Workers Fairness Act (PWFA) The PWFA prohibits employment practices that discriminate against making reasonable accommodations for qualified employees affected by pregnancy, childbirth, or related medical conditions. Under the PWFA, a qualified…
Many employers find it worthwhile to check the references, job history, personal character, criminal conviction history or credit history of an individual prior to making the decision to hire or promote. This can be done through an in-house investigation using public records or by an outside third-party consumer-reporting agency (CRA). Initiating background checks and calling ...
Colorado’s SB 22-161 took effect January 1, 2023, with increased penalties for wage theft and the late payment of wages. Key updates and modifications pertaining to the payment of wages and state enforcement procedures are as follows: Changes the penalties for failure to provide requested information to the division of labor standards and statistics in ...
The Equal Employment Opportunity Commission (EEOC) is continuing its 2022 Technical Assistance Initiative – addressing compliance with Americans with Disability (ADA) requirements when using artificial intelligence (AI) and other software in hiring and assessing employees – with a public hearing set for January 31, 2023. The Technical Assistance Initiative, better known as the Artificial…
The U.S. Department of Labor (DOL) recently published its final rule adjusting civil monetary penalties assessed or enforced by the Department for any Occupational Safety and Health Administration (OSHA) violations associated with a workplace safety and health inspections. The DOL is required by law to annually adjust its civil penalty levels for inflation no later ...
The California Civil Rights Department (CRD) has released new FAQs to assist employers with their pay data reporting obligations. While the FAQs are available now, updated resources for the 2022 Reporting Year will be available on the California Pay Data Reporting Portal by February 1, 2023. The California Equal Pay Act prohibits an employer from ...
As discussed here, California’s Occupational Safety and Health Standards Board (Cal-OSHA) voted on December 15, 2022, to adopt non-emergency COVID-19 Prevention regulations. The non-emergency regulation was to replace the current emergency temporary standards (ETS) which were set to expire on December 31, 2022. The regulations were anticipated to take effect January 1, 2023 through…
Cal/OSHA is reminding all covered California employers to post their 2022 annual summary of work-related injuries and illnesses, including those related to COVID-19, in a visible and easily accessible area at every worksite. The Form 300A summary must be posted each year from February 1 through April 30. Covered employers are those meeting the following ...
