E-Blasts

Agricultural employers should be on alert for letters issuing from the California Attorney General’s office requesting documentation and information on COVID-19 and related policies.  A copy of one such letter is attached here.  If you received one of these letters, DO NOT RESPOND UNTIL YOU SPEAK WITH COUNSEL.  This is being orchestrated by California Rural Legal Assistance (“CRLA”), an aggressive and litigious workers’ rights law firm.  The Saqui Law Group and other industry partners and leaders are meeting this week to discuss and strategize how to respond.  Look for further E-blasts on this topic soon.

FRIDAY FLURRY: UPDATES ON NEWS FROM THIS WEEK

Albertsons Pays $210,000 to Settle National Origin Discrimination Lawsuit

Albertsons, Inc. agreed to pay $210,000 to settle a lawsuit alleging that the grocery retailer prohibited Hispanic employees from speaking Spanish around non-Spanish speakers.

The U.S. Equal Employment Opportunity Commission (“EEOC”) released new guidance on performing antibody testing in response to the Coronavirus Disease 2019 (“COVID-19”). This guidance states that employers should not require antibody testing prior to permitting employees to return to the workplace. 

The U.S. Supreme Court ruled this week that federal law protects employees who identify of a different sexual orientation, gender identity and/or gender expression from discrimination in the workplace. In Bostock v. Clayton County, the Court considered whether Title VII of the Civil Rights Act, which prohibits discrimination in employment on the basis of “sex,” applies to gay and transgender people. 

On Thursday, Governor Newsom ordered all Californians to wear face coverings while in public or high-risk settings, including when shopping, taking public transit or seeking medical care, following growing concerns that an increase in coronavirus (COVD-19) cases has been caused by residents failing to voluntarily take such precautions. 

The Center for Disease and Control (CDC) released a checklist designed for agricultural employers based on a recent interim guidance from the CDC and U.S. Department of Labor. This checklist may be a helpful guidance for employers monitoring the COVID-19 situation in the workplace.

The Checklist (available here) is divided into five primary sections:

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