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 Americans with Disabilities Act of 1990 (ADA) and its amendments makes it unlawful to discriminate in employment against a qualified individual with a disability unless an exception applies. One of the rarest exceptions is one that relieves an employer of its obligation to provide a reasonable accommodation because doing so would create a direct threat to the health and safety of the…
A recent case brought by the Equal Employment Opportunity Commission (EEOC) emphasizes the importance of employer obligations to prevent disability discrimination in all aspects of employment including the hiring process. After just two hours of deliberation, a New York jury returned a landmark verdict of $1.675 million against McLane Northeast - a large facility distribution company - for…
A California Court of Appeal has reinstated the California Privacy Protection Agency’s (Agency) ability to enforce previously stayed California Privacy Rights Act (CPRA) regulations set to take effect March 29, 2024. A lawsuit initiated by the California Chamber of Commerce in June 2023 challenged the Agency’s authority to initiate regulatory efforts alleging government overreach,…
A U.S. Court of Appeals for the Second Circuit[i] has recently ruled that employers subject to the Fair Labor Standards Act (FLSA) are required to compensate employees for overtime, regardless of whether the employee requests overtime compensation. An employer violates the FLSA when it does not pay overtime wages for work it “suffers or permits,” that is, work it requires, knows about, or…
As discussed here, California’s AB 1076 amended existing California law to codify its position on restrictive covenants (e.g., noncompete agreements/clauses). Sending a very clear message, AB 1076 provides that, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” The statute also requires…
California employers with 100 or more payroll or labor contractor employees are required to annually submit pay data - including hours worked and employee demographics - to the California Civil Rights Department (CRD). This year’s filing deadline for the 2023 reporting year is May 8, 2024. Starting February 2, 2024, employers should begin accessing the CRD’s Pay Data…
Cal/OSHA is reminding employers to post their 2023 annual summary of work-related injuries and illnesses, including those related to COVID-19, by February 1, 2024. The Form 300A summary must be posted each year from February 1 through April 30. The annual summary must also be placed in a visible and easily accessible area at each worksite. Even employers with no workplace injuries during…
The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) mark their one-year anniversary. The Pregnant Workers Fairness Act (PWFA) requires covered employers (i.e., those with 15 or more employees) to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related…
On January 1, 2024, a federal district court permanently enjoined the State of California from enforcing AB 51, the law which sought to prohibit the use of employment-related mandatory arbitration agreements. As discussed here, shortly after enactment AB 51 was immediately challenged and an injunction on enforcement granted by the U.S. District Court. However, the injunction was short-lived…
Various state and federal laws require employers to comply with certain workplace posting obligations. California employers are specifically required to post the state’s “California Law Prohibits Workplace Discrimination and Harassment” poster. Given the recent updates to state mandated bereavement and reproductive loss leave and prohibitions on discrimination based on the use of…
The California Department of Public Health (CDPH) has updated its COVID-19 Isolation Guidance protocols. The update includes the CDPH’s recommendations to move away from five days of isolation and instead focus on clinical symptoms to determine when to end isolation. The CDPH, in connection with health officials across the state, has undertaken a multi-pronged approach to mitigating…
New standard mileage rates for 2024 have been released by the Internal Revenue Service (IRS). The rates are used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes. Applicable rates for 2024 are as follows: Business use. The rate for business use of a vehicle is now set at 67 cents per mile (an increase from the 2023…
Title VII of the Civil Rights Act of 1964 (Title VII) applies to employers with 15 or more employees and makes it unlawful for an employer, "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual" with respect to "compensation, terms, conditions, or privileges of employment" on the basis of race, color, religion, sex, or national…
The Equal Employment Opportunity Commission’s (EEOC) efforts to prioritize its enforcement mandates – based on the agency’s current Strategic Enforcement Plan – should have the attention of all qualified employers. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases) such as Title VII of the Civil Rights Act of 1964 (Title VII) and…
California employers take heed; the California Civil Rights Department (CRD) is serious about enforcing the state’s Fair Chance Act (the Act). In a first-of-its-kind lawsuit, the CRD is alleging Ralphs Grocery Company has violated the Fair Chance Act, resulting in the unlawful denial of employment opportunities to hundreds of applicants at grocery store locations across Southern…
The California Civil Rights Department (CRD) is reminding California employers of the state’s bi-annual sexual harassment prevention training requirements. Under California law, employers with five or more employees must provide at least one hour of training to nonsupervisory employees and two hours of training to supervisory employees every two years. With the new year just getting started,…
The California Supreme Court recently heard oral arguments in Estrada v. Royalty Carpet Mills, Inc. A decision in the case is expected to address the current split in California Appellate courts on the issue of trial court authority when it comes to limiting California Private Attorneys General Act (PAGA) claims and addressing manageability. PAGA authorizes aggrieved employees to file…
As discussed here, the Equal Employment Opportunity Commission’s (EEOC) 2022 EEO-1 Component 1 data collection opened October 31, 2023. The deadline for submitting and certifying reports was December 5, 2023. Employers that have not yet submitted their reports must – according to the EEOC – do so “as soon as possible, and no later than January 9, 2024 (the “Failure…
In addition to updating its California Paid Sick Leave FAQ’s, the California Department of Industrial Relations (DIR) recently updated its Paid Sick Leave Poster and statutory Wage Theft Notice (Notice). The newly updated Notice is provided ahead of its statutory March 1, 2024, deadline. However, as of the date of this article, the updated Notice is currently only available in English (See…
The Colorado Department of Labor Employment (CDLE) has released its final Equal Pay Transparency (EPT) Rules (Rules) and Statement of Basis, Purpose, Specific Statutory Authority, and Findings, clarifying the state’s Equal Pay for Equal Work Act (Act). Largely unchanged from its proposed version, the Rules become effective on January 1, 2024. Under the Act, Colorado employers have an…
