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 […]
One of the costliest mistakes an employer can make is failing to pay compensable time in accordance with applicable local, state, and federal laws. Arizona law follows federal law under the Fair Labor Standards Act (FLSA) regarding compensable time such as defining the workday, the de minimis doctrine, pre- and post-shift activities (e.g., donning and ...
Confirmation has again been provided – if such was needed – that current or former employees “cannot be compelled to arbitrate [Private Attorneys General Act (PAGA)] claims based on a predispute arbitration agreement.” This was the finding of the Court of Appeal (5th District) in its ruling in the case Herrera v. Doctors Medical Center ...
Employers are not required by law to provide employees with paid vacation; it is a non-mandatory benefit. However, once an employer elects to provide paid vacation to its employees, there are some important guidelines that must be followed. Provided below is an overview of some of the most important things to keep in mind when ...
The Department of Labor has created a Model Notice of Expiration of Period of Premium Assistance to help COBRA Administrators prepare for the upcoming American Rescue Plan Act (ARP) COBRA subsidy program expiration date of September 30, 2021. Assistance eligible individuals must receive notice of the subsidies expiration date 15 to 45 days in advance ...
A new directive from the White House has the Occupational Safety and Health Administration (OSHA) tasked with implementing a new emergency rule mandating that employers with 100+ employees require their workforce to be vaccinated or require unvaccinated employees to produce negative COVID-19 tests on a weekly basis. Building on earlier vaccination-related mandates – requiring all ...
COVID-19 and its Delta variant continue to wreak havoc in the workplace. A continually changing landscape of guidelines, mandates, and federal emergency temporary standards (EST) make it increasingly difficult to stay abreast of the private employer’s increasing responsibilities. With more and more private employers implementing – or considering implementing – vaccination mandates, it is…
Performance reviews, or employee evaluations, are an important tool for supervisors and managers to strengthen employees’ performance and acknowledge high achievers. No matter how formal, and regardless of the format, a review of this kind is the process of determining how well an employee is doing their job, the criteria for future performance, and mutual ...
In a July 2021 ruling, California’s Labor Commissioner levied $448,000 worth of fines against three El Super grocery stores for violations of California’s COVID-19 supplemental paid sick leave (SPSL) laws. After receiving complaints from El Super employees and a referral from the worker’s labor union, an investigation was launched by the Division of Labor Standards ...
In answering a question of first impression, the California Court of Appeals (2nd District) has given weight to the affirmative defense of manageability in California Private Attorneys General Act (PAGA) litigation. Manageability has long been a watchword for employers defending against PAGA litigation. In the case Wesson v. Staples the Office Superstore, LLC the Court ...
By Teresa McQueen, Corporate Counsel, Legal October of 1991 was the first time many people ever thought about sexual harassment. Millions watched as Anita Hill stood before an all-male U.S. Senate committee, recalling sexually charged incidents that occurred at the hands of her former supervisor, then-Supreme Court nominee Clarence Thomas. Her dramatic, sometimes graphic testimony ...
