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 […]
California’s attempt to prohibit the use of employment-related mandatory arbitration agreements has been a long and ongoing battle. The latest scrimmage stems from the 2019 legislative session which produced AB 51. Signed into law October 2019 and effective (for a short period) beginning January 1, 2020, AB 51 prohibited an employer from requiring any applicant or employee to waive any right,…
The U.S. Department of Labor Wage and Hour Division (WHD) has published internal guidelines for agency officials responsible for enforcing Fair Labor Standards Act (FLSA) provisions of the 2022 PUMP Act (the Act). Employers are encouraged to review the newly published Field Assistance Bulletin No. 2023_02 to gain an ‘insider’s view’ into how the WHD will interpret and ultimately…
The U.S. Department of Labor (DOL) has recently released an updated Family and Medical Leave Act (FMLA) notification poster. Various federal laws require employers to provide notice of employee protections including those associated with the FMLA. In accordance with the FMLA, private employers with 50+ employees are required to display and keep displayed a poster prepared by the DOL…
On May 15, 2023 the U.S. Equal Employment Opportunity Commission (EEOC) released an update to its COVID-19 Technical Assistance guide, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (the Guide). Key updates to the Guide include: COVID-19 Accommodations Do Not Automatically Terminate: The end of the COVID-19 public health emergency does not mean…
The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have provided employers with an additional 30-days to reach compliance with Form I-9 requirements after COVID-19 flexibilities sunset on July 31, 2023. COVID-19 flexibilities were first announced in March 2020 and subsequently extended throughout the COVID-19 pandemic. Employers still relying…
The U.S. Consumer Financial Protection Bureau (CFPB) has published an updated version of its Summary of Consumer Rights notice. The Summary of Consumer Rights form is one of several federal notification forms employers must provide when conducting background checks in compliance with federal law under the Fair Credit Reporting Act (FCRA). Employers using consumer reports for…
Signed into law March 31, 2023, Colorado’s HB23-1006 (Employer Notice of Income Tax Credits) requires an employer to provide written notice of the availability of federal and state earned income tax credits and federal and state child tax credits at least once annually. Employers may send the written notice to employees electronically, including via email or text message. The written…
A refusal by the California Supreme Court to review the case Parsons v. Estenson Logistics, LLC leaves in place a Third District Court of Appeals ruling confirming that where an employee’s “weekly paid wages are due on a weekend or holiday, they may be paid on the next day that is not a holiday.” Parsons brought a Private Attorneys General Act (PAGA) action against his employer claiming…
