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 National Labor Relations Board (the Board) and the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently announced the signing of a renewed Memorandum of Understanding (MOU), This latest MOU marks the second interagency agreement signed by the Board this year aimed at strengthening and reinforcing the Board’s expanding enforcement efforts. The MOU…
With the holiday season in full swing and many companies looking forward to once again hosting their employees for in-person holiday parties, it’s a good time to begin managing the holiday cheer. Whether your company will be hosting a formal or casual holiday get together these tips and reminders should help keep things merry and bright! Policy Reminders: It is always a good practice to…
The Arizona Court of Appeals recent decision in the case Papias v. Parker Fasteners LLC[i] provides a cautionary tale when it comes to the state’s Fair Wages and Healthy Family Act’s (the Act) anti-retaliation provisions. Papias sued his former employer for retaliation when the company terminated him less than 90-days after he attempted to use paid sick time under the Act. The company’s…
On May 18, 2023, the Cal/OSHA Standards Board (Board) held a public hearing to consider modifications to its Heat Illness Prevention in Indoor Places of Employment standard. After receiving oral and written public comment on the proposed revisions, the proposed standard was modified and reissued for public comment. Key provisions of the modified regulations include: Removal of…
Two significant cannabis-related legislative changes are set to take effect in California on January 1, 2024. AB 2188[i] established Cal. Govt. Code section 12954 prohibiting employers from penalizing applicants/employees for off-duty cannabis use that does not impair the individual’s work performance. SB 700[ii] expands protections provided under AB 2188 and prevents employers from…
As of November 1, 2023, all employers should be using the United States Citizenship and Immigration Services’ (USCIS) newly revised and updated Form I-9. As discussed here, the USCIS revised and updated its Form I-9 in August 2023. A grace period for use of the old Form was extended through October 31, 2023. However, starting November 1, 2023, all employers must have switched to the new…
Please enjoy this insightful article from our friends at Jackson Lewis, Jacklin Rad & Ikedi O. Onyemaobin. As we move into what many refer to as the holiday season, employers may have questions about handling wages and the holidays. Here are four things for employers to understand about holidays and pay for hourly (non-exempt) employees. Hours worked on a holiday, Saturdays or…
The Equal Employment Opportunity Commission’s (EEOC) 2022 EEO-1 Component 1 data collection opened October 31, 2023. The deadline to submit and certify reports is December 5, 2023. To meet this deadline eligible filers are encouraged to begin the filing process as soon as possible. The EEO-1 Component 1 report (EEO-1) is a mandatory EEOC annual data collection requiring all private sector…
The National Labor Relations Board (Board) has issued a new Final Rule affecting joint employment under the National Labor Relations Act (NLRA). The new rule rescinds the prior Rule enacted in 2020 and puts forth a new test expanding the circumstances under which an employer is deemed a ‘joint employer.’ Although the NLRA is silent as to the definition of “joint employer,” the Board…
