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 right to file an interlocutory appeal[i] on the issue of arbitrability is provided for under the Federal Arbitration Act (FAA). However, the FAA is not clear on whether District Court proceedings are to be stayed pending resolution of the appeal. With decisions split among the District Courts, the U.S. Supreme Court has resolved the issue in favor of an automatic stay. A 5–4 decision in…
Starting July 1, 2024, Colorado’s newly signed SB 23-058 – known as the Job Application Fairness Act (the Act) – prohibits employers from requesting an individual include their “age, date of birth, or dates of attendance at or date of graduation from an educational institution” on an initial application for employment. In accordance with the Act, employers may request or require an…
According to Cal/OSHA, two Half Moon Bay mushroom farms face up to $165,000 in penalties following the agency’s investigation into a deadly active shooter incident that took place last February. The regulatory agency cited California Terra Gardens, under Injury and Illness Prevention Program (IIPP) requirements, for twenty-two alleged violations – many considered serious under Cal/OSHA…
The recent 9th Circuit case Sharp v. S&S Activewear, L.L.C provides important guidance to employers on the varied types of behavior that can constitute discrimination based on sex under Title VII of the Civil Rights Act of 1964 (Title VII). Eight former employees (“Sharp”) – both male and female – alleged that the employer’s practice of allowing managers and employees to…
The National Labor Relations Board (NLRB) has once again changed its independent contractor classification rules. The NLRB’s latest decision in Atlanta Opera[i] reestablishes an Obama-era “economic realities” standard making it more difficult for employers to correctly classify independent contractors under NLRB standards. The shifting sands of NLRB independent contractor analysis have…
As discussed here, U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) temporary COVID-19 Form I-9 flexibilities are scheduled to sunset on July 31, 2023. Although changes are in the works[i], DHS has not yet published a final rule that would allow alternate procedures for examining identity and employment eligibility documents. As such, employers…
Colorado recently expanded its list of qualifying reasons employees may take leave under its Healthy Families and Workplaces Act (HFWA). Senate Bill 23-017, signed into law June 1, 2023, now allows an employee to take HFWA protected leave for these additional – non-health related - reasons: “grieve, attend funeral services or a memorial,” or address “financial and legal matters…
The U.S. Department of Labor (DOL) has issued a new opinion letter providing guidance on calculating Family Medical Leave Act (FMLA) leave taken during a week that includes a holiday. The opinion letter explains that a holiday occurring under these circumstances does not count against an employee’s FMLA entitlement so long as the employee works at least part of the week. The FMLA requires…
In accordance with U.S. Supreme Court precedence, National Labor Relations Act (NLRA) protections governing the right to strike are not absolute. Reinforcing this long-held position, the Court’s June 1, 2023 decision in Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Local Union No. 174, U.S., No. 21-1449 found that the employer’s claims of intentional property damage by the Union -…
Under California law, employees must be paid for all hours worked. This includes hours for which the employee is subject to the control of the employer and includes all time the employee is “suffered or permitted to work,” whether or not required to do so. “On-call” or “standby” time at a work site is considered hours worked for which an employee must be compensated even if…
As of July 1, 2023, minimum wage rates continue to rise in several California localities exceeding the state’s mandated $15.50 per hour; in some instances, by several dollars. California employers are required to pay all nonexempt employees in compliance with state, federal and local wage and hour laws. In all cases, employers are required to pay the higher of any applicable federal, state,…
Owners and operators of SDI of Neil LLC, operating as Sonic Drive-In, paid over $70,000 in civil money penalties for violating Fair Labor Standards Act (FLSA) restrictions protecting young workers. The company was cited for hiring underage workers, exceeding federal child labor work hour restrictions and allowing teenagers to engage in hazardous occupations. An expensive lesson. Every…
