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 […]
As discussed here, performance reviews, or employee evaluations, are an important tool for supervisors and managers to strengthen employees’ performance and acknowledge high achievers. Continuing our best practices discussion for effective performance reviews we provide the following tips on performance review formats. The two major styles in writing reviews are a narrative style and a…
Pre-pandemic workplace thinking emphasized the traditional ‘brick and mortar’ office as critical to productivity, culture and recruiting efforts. A year of pandemic induced need quickly integrated videoconferencing technology and other forms of digital collaboration into our work lives creating unique and non-traditional work environments. As businesses across the nation begin to contemplate…
In today’s competitive job market, a generous benefits package can be an essential tool for attracting and retaining top talent. Still reeling from the impacts of an unprecedented pandemic, workers are now, more than ever, focused on their well-being and achieving a greater work-life balance. In fact, a recent Deloitte study found 80% of those ...
U.S Immigration and Customs Enforcement (ICE) has extended its new employee Form I-9 compliance flexibility regulations until December 31, 2021. Initial flexibility regulations temporarily exempted employees hired on or after April 1, 2021 – working exclusively in a remote setting due to COVID-19-related precautions – from ICE’s physical inspection requirements associated with completion…
On September 21, 2021 Cal/OSHA updated its current emergency temporary standards (ETS) FAQs to incorporate newly released guidance from the California Department of Public Health (CDPH). One of the most notable changes is the relaxing of existing quarantine requirements for unvaccinated, asymptomatic workers. The updated ETS now offers alternative quarantine periods for asymptomatic unvaccinated…
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) has been a source of workplace confusion since it was signed into law by President Bill Clinton on August 21, 1996.[i] What is HIPAA and how does it apply in a workplace setting are among the most asked questions. HIPAA is a federal law that ...
Enacted September 2020, SB 1159 codified and superseded Gov. Newsom’s Executive Order No-62-20. The statute applies to California employers with five or more employees and employees who test positive for COVID-19 during an outbreak at their place of work on or after July 6, 2020. As the state continues to recover from the impacts of ...
Starting January 1, 2022, California employers risk criminal charges for the intentional theft of wages.[i] An intentional theft of wages in an amount greater than $950 for one employee, or $2,350 for two or more employees will subject an employer to a criminal charge of grand theft. Given the severity for failing to pay workers ...
It is considered an unlawful employment practice for an employer to discriminate against an employee/applicant because of a conflict between the person’s religious belief or observance and any employment requirement unless providing the accommodation would result in an undue hardship. Employers who receive religious based accommodation requests – including those made in response to…
With the COVID-19 threat unresolved, companies nationwide are on the horns of a dilemma on several fronts; decisions about how to return to work and whether to mandate employee vaccination are just the tip of the iceberg. New concerns about verifying the authenticity of vaccination cards are slowly edging their way to the top of ...
Advances in technology have created new concerns for workplace privacy. Automated systems, email and instant messaging technology have helped employers reduce operating costs and increase efficiency. These systems have also increased the employer’s risk when it comes to protecting information shared during the employment relationship. The Right to Privacy The U.S. Constitution does not…
Employers are required to pay all nonexempt employees in compliance with state, federal and local wage and hour laws. This section provides an overview of applicable state, federal and local laws governing the payment of wages and overtime pay. Minimum Wage State minimum wage rates differ but are higher than the federal minimum wage. Employers ...
