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 […]
Filing of The Complaint Before an employee can file charges of discrimination (harassment or retaliation) against an employer they must first clear an important administrative hurdle; filing an administrative complaint with the appropriate state or federal agency. For claims alleging discrimination under federal law (e.g., Title VII of the Civil Rights Act of 1964 or ...
On February 25, 2022 the Center for Disease Control (CDC) updated its masking guidelines. Dropping COVID-19 numbers across the U.S. prompted the update which lessens public indoor mask recommendations for a majority of individuals. The newly revised guidelines encourage individuals to focus on statistical information to assist with mitigation strategies. The CDC’s Community Levels tracker…
On March 3, 2022 President Biden signed a new law limiting the use of arbitration agreements and class action waivers for allegations of sexual harassment and/or assault. H.R. 4445 – known as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act)– allows an individual to invalidate a predispute arbitration ...
The filing of an administrative complaint alleging discrimination, under state or federal law, initiates the claims process. The receipt of a notification letter provides important information about the claim(s), instructions on how/when to respond and administrative next steps. During the pendency of an administrative investigation the employer and the charging party (the former or…
It has been a busy month for the Equal Employment Opportunity Commission (EEOC) as it continues to provide guidance to employers on important pandemic-related issues. The EEOC is the federal agency tasked with overseeing enforcement of Title VII of the Civil Rights Act of 1964 (Title VII). The two COVID-19-related topics recently updated as part ...
The filing of an administrative complaint alleging discrimination, under state or federal law, initiates the claims process and triggers an administrative investigation. During the pendency of the investigation both the employer and the charging party (the former or current employee) are each provided an opportunity to provide relevant information. This information is presented to and ...
California’s Fair Employment and Housing Act (FEHA)[i] protects employees from discrimination, harassment or retaliation on the basis of any protected classification; those that are familiar such as race, religion, sex and age, and those employers may not be so familiar with such as marital status, ancestry and national origin. Title VII of the Civil Rights ...
At its April 12, 2022 meeting the California Occupational Safety and Health Standards Board will consider revising existing first-aid kit requirements under its Construction and General Industry Safety Orders. The proposed revision will provide two options for employers to comply with first-aid kit requirements. The options to be considered are as follows: Contents determined by an ...
California’s Department of Industrial Relations (DIR) has updated its 2022 COVID-19 Supplemental Paid Sick Leave (SPSL) FAQs in an effort to address employer concerns about managing the newly enacted leave law. Although many critical issues were initially addressed by the DIR in February 2022 when the new SPSL law took effect employers should review ...
Still confused about how to calculate quarantine/isolation periods for employees concerned about possible exposure to COVID-19? You are not alone. Earlier this year the Center for Disease Control (CDC) updated its COVID-19 isolation and quarantine recommendations which included shorter isolation periods (for asymptomatic and mildly ill individuals) and quarantine periods of 5 days to focus…
Released for publication on March 30, 2022, the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) proposes to amend its occupational injury and illness recordkeeping regulations to include electronic submission of injury and illness forms. OSHA proposes to amend current regulations to require businesses with 100 or more employees in certain industries to ...
Minimum Wage Increases Passed on November 2, 2021, Tucson’s Proposition 206 (the Tucson Minimum Wage Act (TMWA)) goes into effect April 1, 2022. The new minimum wage law impacts all employees who perform at leave five hours of work per pay cycle “within the geographic boundaries of the city” of Tucson, raising the minimum wage ...
By Teresa McQueen, Western Growers Corporate Counsel Agricultural employers, in addition to all the other tools needed to assist in running their businesses, need a written employee handbook to protect their company from legal risks, set forth policies and procedures to guide employees and supervisors, and provide information on company benefits. Why Does an Employer ...
