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 Equal Employment Opportunity Commission (EEOC) has updated its “Know Your Rights” poster to include information about protections under the Pregnant Workers Fairness Act (PWFA). The updated poster now includes an expanded definition of sex discrimination including childbirth and related medical conditions and expands protection information related to an employee’s rights when it comes…
The Occupational Safety and Health Administration (OSHA) has announced a new National Emphasis Program (NEP) aimed at reducing or eliminating hazards during warehousing and distribution center operations. NEP programs are implemented by OSHA when the agency feels the seriousness and prevalence of hazards associated with certain types of operations warrant additional federal oversight. OSHA…
The U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) have announced the release of a new version of the Form I-9. Employers are required to use Form I-9 to verify the identity and employment authorization of all employees. A newly released final rule and Federal Register notice amends existing employment eligibility verification regulations by making…
California Attorney General Rob Bona announced earlier this week that his office has initiated an investigative sweep – through inquiry letters sent to large California employers – requesting information on businesses compliance efforts under the California Consumer Privacy Act of 2018 (CCPA). According to the Attorney General’s office, the inquiry letters are being sent as a means of…
The California Supreme Court has issued its long-awaited ruling in the Adolph v. Uber Technologies, Inc. (Adolph) case. On July 17, 2023, the Court held that an aggrieved employee - compelled to arbitrate claims under the Private Attorneys General Act of 2004 (PAGA) “premised on Labor Code violations actually sustained by the plaintiff - does maintain statutory standing to pursue PAGA claims…
California employers have been given a reprieve on enforcement efforts under the newly enacted California Privacy Rights Act (CPRA) regulations previously set to have taken effect July 1, 2023. A last-minute ruling on July 3, 2023, by a County of Sacramento Superior Court, has stayed enforcement of the regulations until March 29, 2024. The ruling stems from a challenge to the March 29, 2023…
A recent California Supreme Court ruling finds that employers do not owe a duty of care under California law to prevent the spread of COVID-19 to an employees’ household members. However, the Court also held that the exclusivity provisions of the Workers’ Compensation Act do not bar a non-employee’s recovery for injuries that are not legally dependent on an injury suffered by an…
In a unanimous U.S. Supreme Court ruling in Groff v. DeJoy,[i] the Court has clarified decades-old precedent regarding an employer’s obligation to accommodate the religious beliefs of its employees. The Court found that under Title VII of the Civil Rights Act of 1964 (Title VII), an employer is required to accommodate an employee’s religious beliefs unless doing so would result in…
On June 23,2023, the California Department of Public Health (CDPH) updated its definition of COVID-19 Outbreak as well as its links and recommendations concerning masking. Updates from the CDPH include: Recommendation to follow updated masking guidelines: Get the Most Out of Masking tips and resources guide. Updated definitions regarding isolation and quarantine for persons…
