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 Ninth Circuit Court of Appeals has certified to the Supreme Court of California the following questions: If an employee contracts COVID-19 in the workplace and brings the virus home to a spouse, does California’s derivative injury doctrine bar the spouse’s claim against the employer? Under California law, does an employer owe a duty to ...
If you are an employer utilizing algorithms and artificial intelligence to assist in your hiring practices, you’ll want to review the recently published guidelines offered by the Equal Employment Opportunity Commission (EEOC). Many employers are increasingly using hiring technologies to help in new employee selection. The following are examples of technology used by employers: to ...
Resolving a conflict in the Courts of Appeal, the California Supreme Court held that an employee’s settlement of their Labor Code and Unfair Competition lawsuit against a staffing agency did not bar them from then alleging the same claims against the staffing agency’s client in a later action. (Grande v. Eisenhower Medical Center) Background Plaintiff ...
California’s Paid Family Leave (PFL) program – offered through the California Employment Development Department (EDD) – allows California workers to take paid leave to bond with a new child (through birth, adoption, or foster care) or to care for a seriously ill family member. PFL provides eligible employees with up to 8 weeks of wage ...
Passed in May 2022, Colorado’s HB22-1317 – also known as the Restrictive Employment Agreements Act (Act) – becomes effective August 10, 2022. The Act places further limits on the enforceability of non-compete and customer non-solicitation restrictions. Changes also include new notice requirements, expanded penalties, and restrictions about choice of law and venue. HB22-1317…
As summer temperatures start to climb employers are encouraged to review and comply with Cal/OSHA heat illness standards for all outdoor places of employment. Heat illness is defined under California law as, “a serious medical condition resulting from the body’s inability to cope with a particular heat load, and includes heat cramps, heat exhaustion, heat ...
As reported here, beginning July 1, 2022, the New Mexico Healthy Workplaces Act (“HWA”) requires employers with at least one employee to provide all employees (i.e., full-time, part-time, seasonal, and temporary employees) up to 64 hours of paid sick leave. The HWA makes no exception for small employers but does exclude public employers. The HWA ...
The California Department of Food and Agriculture (CDFA) is extending its application deadline for its 2022 Beginning Farmer and Farmworker Training and Workforce Development Program (BFFTP). Grant applications will now be accepted until August 15, 2022. The BFFTP grant program was funded through the 2021 California general fund budget. The program provides support to organizations ...
A federal district court in California has answered another important COVID-related legal question. In a case of first impression, the question before the Court was whether time spent by hourly employees receiving pre-shift COVID screening was compensable under the Fair Labor Standards Act (FLSA). (Pipich v. O’Reilly Auto Enterprises, LLC) Plaintiff, a non-exempt truck driver, ...
The Equal Employment Opportunity Commission (EEOC) has recently updated its COVID-19 guidance for employers. The updates reflect a broader understanding of how COVID-19 has evolved and takes into greater consideration evolving public health guidance. While none of the updates constitute major policy changes, they do make clear that going forward employers will need to assess ...
The California Secretary of State recently announced that the California Fair Pay and Employer Accountability Act (FPEAA) has qualified for the November 2024 ballot. Nearly 1 million signatures were submitted in support of the Proposition. The FPEAA seeks to repeal California’s controversial Private Attorneys General Act (PAGA) and eliminate Labor Commissioner authority to assist private…
Many state and federal laws require an employer to investigate employee complaints in a timely manner (e.g., California Fair Employment & Housing Act, Title VII, ADA/ADAAA). Prompt and thorough investigations ensure accurate recollections and give the employer the opportunity to quickly take all appropriate corrective actions. The first steps taken by an employer in any ...
Employers are required to pay all nonexempt employees in compliance with state, federal and local wage and hour laws. As we head toward the mid-summer months, here are a few key reminders for compliance with state and federal laws governing the payment of wages and overtime pay: Minimum Wage California and Arizona state minimum wage ...
