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 […]
Governor Gavin Newsom was active at the end of 2022, signing several significant new California employment-related laws. Of the 1,166 bills sent for signature, 977 were signed and 169 vetoed. Ninety employment-related bills were signed with 27 vetoed. Below is a non-exhaustive summary of several of the laws affecting employers in the state. All bills, except as otherwise noted, took effect Jan.…
A recent California Court of Appeal decision offers individualized guidance on the limits of an employer’s responsibility to prohibit sexually harassing conduct when such conduct occurs during off-duty hours between friends. In the case Atalla v. Rite Aid Corp (2023)i the Court of Appeal limited the extent to which an employer can be held liable for after-hours conduct between…
California employers with 100 or more payroll or labor contractor employees are required to annually submit pay data - including hours worked and employee demographics - to the California Civil Rights Department (CRD). This year’s filing deadline for the 2022 reporting year is May 10, 2023. Employers must use the CRD’s Pay Data Reporting portal to submit the required pay…
On December 29, 2022, President Biden signed into law the PUMP for Nursing Mothers Act (“PUMP Act”) extending additional rights to nursing employees. As discussed here, the PUMP Act expands workplace protections for employees with a need to express breast milk. Specifically, the Fair Labor Standards Act (FLSA), as expanded by the PUMP Act, requires employers to provide reasonable break time…
As many agricultural operations begin harvesting efforts it is important to remember preventative measures are key to lowering the incidence of workplace accidents. Included below are a few Cal/OSHA approved harvest-related best practices: Develop a standard operating procedure, including a system of communication between operators of equipment and crew members, and a means of accounting…
The National Labor Relations Board (NLRB) has released a guidance memorandum clarifying its position on the use of confidentiality and non-disparagement provisions in employer settlement agreements. As discussed here, the NLRB’s late February decision in the matter McLaren Macomb reversed the agencies prior precedent on an employer’s use of confidentially and non-disparagement…
A recent National Labor Relations Board (NLRB) decision pushes (to the extreme) the limits of existing state law privacy boundaries. In this expansive ruling the NLRB held that surreptitious recordings made by employees at a Pennsylvania Starbuck’s revealed National Labor Relations Act (NLRA) violations and as such justified the employee’s failure to disclose its recording efforts and gain…
The California Department of Public Health (CDPH) has issued a new COVID-19 Public Health Officer Order updating COVID-19 protocols for the workplace. In effect as of March 13, 2023, the Order mandates the following changes: Updated recommendations regarding isolation for persons infected with COVID-19. Updated definition of infectious period in alignment with updated recommendations…
The Equal Employment Opportunity Commission (EEOC) recently filed suit against ExxonMobil Corporation for alleged violations Title VII of the Civil Rights Act of 1964. The suit stems from allegations that the company failed to take effective measures to prevent the display of racially offensive or threatening conduct at one of its Louisiana chemical plants. Employees at the company’s Baton…
In the 2022 case Naranjo et al. v. Spectrum Sec. Servs., Inc.,i the California Supreme Court found that meal and rest premiums payable pursuant to Cal. Labor Code section 226.7 constitute wages and - once owed - must be paid in accordance with all relevant wage and hour laws (e.g., inclusion on wage statements and paid within statutory deadlines). In ruling on the matter, the Court remanded the…
The National Labor Relations Board (NLRB) has once again expanded existing precedent. Clarifying its make-whole remedy, the NLRB finds that victims of labor law violations are to be compensated for all “direct or foreseeable pecuniary harm” suffered as a result of unfair labor practices. The Board’s latest decision in Thryv, Inc. follows an NLRB Notice and Invitation to File Briefs asking…
Under the Fair Labor Standards Act (FLSA), “employees may not volunteer services to for profit private sector employers” (emphasis not added) or employ minors to perform hazardous jobs. If a reminder is needed…. A North Carolina Chick-fil-A fast food franchise was recently fined six thousand dollars for: Allowing certain employees to work for meal vouchers rather than wages;…
A recent Department of Industrial Relations’ Occupational Safety and Health Appeals Board (OSHAB) decision regarding the provisioning of water at outdoor worksites provides clarity on the definition of what “as close as practicable” means when it comes to water placement at the workplace. In 2019 Cal/OSHA cited a Northern California vineyard after a complaint-initiated safety…
Federal law requires payment of wages as cash, negotiable instruments (i.e., checks) or under certain circumstances, by crediting the worker for tips earned or the reasonable cost (fair value) of board, lodging or other facilities provided by the employer. Wages under the Fair Labor Standards Act (FLSA) must be paid free and clear of any repayment obligations of any kind (e.g., kickbacks to the…
