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 […]
A recent California Supreme Court ruling clarifies California's Industrial Welfare Commission (IWC) Wage Order (WO) requirements entitling employees to at least minimum wage compensation for all “hours worked.” In the case Huerta v. CSI Electrical Contractors , the Court focused on three specific questions centered on the applicability of the term ‘hours worked’ as found in WO #16.…
As discussed here, on March 22, 2024, the Cal/OSHA Standards Board took an unexpected step by unanimously approving an indoor heat illness prevention regulation. The approval has left California employers in a precarious state of limbo. What happens next? Over the next 30 working days, the California Office of Administrative Law (OAL) must review the rulemaking record to ensure agency…
Representatives of the U.S Occupational, Safety and Health Association (OSHA) as well as Cal/OSHA and Arizona’s ADOSH are authorized to inspect the workplace whenever they have reason to believe an employee may be in danger due to employment hazards. Complaints of workplace hazards can manifest in several ways, but employee complaints are the most common. Below are a few key points when it…
As discussed here, on October 26, 2023, the National Labor Relations Board (Board) issued a new Final Rule affecting joint employment under the National Labor Relations Act (NLRA). The new rule rescinded the Board’s prior rule enacted in 2020 (“2020 Rule”) and instead set forth a new test expanding the circumstances under which an employer is deemed a ‘joint employer.’ Legal…
On March 12, 2024 the U.S. Equal Employment Opportunity Commission (EEOC) made available its new data dashboard featuring the first-time collection of 2017 and 2018 pay data reported by about 70,000 private employers and certain federal contractors with 100 or more employees each year, representing over 100 million workers. The dashboard contains aggregated employer-level workforce…
The U.S. Center for Disease Control and Prevention (CDC) has updated its recommendations for how people can protect themselves and their communities from respiratory viruses, including COVID-19. The update addresses risks from a range of common respiratory viral illnesses, such as COVID-19, flu, and RSV. When sick with a respiratory virus, the CDC’s updated guidance recommends staying home…
The California Employment Development Department has updated its mandatory “For Your Benefit” pamphlet. The publication provides information about programs offered by the EDD for unemployed Californians and must be provided at the time of hire and termination. The publication is provided by the EDD in both English and Spanish. The California Department of Industrial Relations (DIR) has…
As discussed here, on September 30, 2023, California Governor Newsom signed SB 553[i] creating a new workplace violence law. In accordance with SB 553 mandates, starting July 1, 2024, covered employers will be required to implement a Workplace Violence Prevention Plan (WVPP). To assist employers in establishing, implementing and maintaining an effective WVPP, the California Division of…
The California Division of Occupational Safety and Health (Cal/OSHA) announced increases for civil penalty amounts for 2024. The increases adjust for inflation and ensure Cal/OSHA is consistent with California and federal law. What You Need to Know Some of the maximum penalties are going up by as much as $4,983 this year, a smaller increase than in the past. This annual increase is…
