Teresa McQueen, Author at Western Growers Association Western Growers Association

Teresa McQueen

Western Growers, Corporate Counsel III

Teresa McQueen is Corporate Counsel III 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 […]

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Posts By: Teresa McQueen

The Termination Process

The employment relationship can end for a variety of reasons and in many ways. How a separation occurs has as much to do with limiting an employer’s risk as why separation was necessary in the first place. What follows are a few key steps employers should keep in mind before, during and after a termination has occurred. Understand applicable laws. Given that ‘at-will’ employment…

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California CRD Investigatory Authority Puts Multi-State Employers on Notice

A recent California Court of Appeal decision reinforces the California Civil Rights Department’s (CRD) authority to investigate alleged violations of the Fair Employment and Housing Act (FEHA), even when an employer contends that the underlying conduct occurred outside California. In Civil Rights Department v. Space Exploration Technologies Corp., the court affirmed an order requiring the…

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Religious Accommodation Requires More Than Assumptions

As discussed, here, the U.S. Supreme Court’s decision in Groff v. DeJoy raised the bar for employers seeking to deny a religious accommodation based on undue hardship. The case clarified that employers must demonstrate a substantial burden on business operations, not merely a more-than-minimal inconvenience. A more recent Ninth Circuit decision provides an important example of how…

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California Uses Expanded Crop Lien to Recover Farmworker Wages

A recent enforcement action by California labor regulators highlights the growing significance of the state's expanded agricultural crop lien law. In September 2026, the California Labor Commissioner's Office announced that 11 Coachella Valley farmworkers recovered nearly $10,000 in unpaid wages and penalties after the agency filed a crop lien during a wage investigation. According to the…

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Cal/OSHA Proposes Changes to Heat Illness Prevention Standards

California’s Division of Occupational Safety and Health (Cal/OSHA) has released a revised discussion draft proposing changes to its outdoor and indoor heat illness prevention standards. The revisions are intended to implement Assembly Bill 2243 and remain open for stakeholder comment through September 21, 2026. The proposal is not yet a final or enforceable regulation. Among the most…

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Cal/OSHA Issues Heat Illness Reminder as Temperatures Rise

As high temperatures continue across California, Cal/OSHA is reminding employers to take proactive steps to protect workers from heat illness at both indoor and outdoor worksites. Employers should confirm that required heat illness prevention measures are in place, including access to drinking water, shade or cool-down areas, rest breaks, and employee training. Outdoor employers…

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EEOC Releases Strategic Plan for 2026-2030

On August 28, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) announced its updated Strategic Plan for Fiscal Years 2026-2030 (the Plan). Effective immediately, the Plan establishes the EEOC’s operational framework and performance measures through 2030 and identifies how the agency will carry out the priorities of its National Enforcement Plan for Fiscal Years…

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Mexico Employers Should Prepare for New Electronic Timekeeping Requirements

Employers with operations in Mexico should begin preparing for new mandatory electronic timekeeping requirements scheduled to take effect January 1, 2027. As part of Mexico’s broader working-time reforms, employers will be required to maintain auditable electronic records that provide labor authorities greater oversight of employee working hours, making electronic timekeeping an…

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Western Growers Welcomes Raul Leal as Learning and Development Manager, Western Growers University

Western Growers is pleased to welcome Raul Leal as its new Learning and Development Manager supporting Western Growers University. Raul brings more than 18 years of experience in bilingual organizational learning, leadership development, and strategic advising, with a strong focus on helping teams turn complex workplace topics into practical, accessible training. Raul brings a…

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Best Practices: Don’t Let This Summer’s Lessons Go to Waste

With July workplace violence prevention training completed for many California employers and summer heat conditions still top of mind, late summer and early fall can be an ideal time to evaluate what worked, identify gaps, and begin preparing for next year's training cycle. California's Workplace Violence Prevention Plan (WVPP) requirements mandate annual training for covered employees,…

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Colorado Seeks Input on Proposed ADMT Regulations

As discussed here, on May 14, 2026, Colorado Governor Jared Polis signed into law SB-26-198 (ADMT Act), which focuses on the use of automated decision-making technology (ADMT) in certain high-impact decisions. The ADMT Act requires the Colorado Attorney General’s Office to adopt rules clarifying and implementing specific provisions of the law before January 1, 2027. In…

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Best Practices: Don’t Always Default to Leave as an Accommodation

When an employee requests assistance related to a medical condition, many employers instinctively focus on a leave of absence. While leave can be a reasonable accommodation in some circumstances, it is not always the first or best solution. A recent federal appellate decision is an important reminder that employers should engage in a timely, good faith interactive process and consider…

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Warehousing in Focus: OSHA Renews National Emphasis Program

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has renewed its National Emphasis Program (NEP) on Warehousing and Distribution Center Operations, effective July 31, 2026. The renewed NEP specifically covers Farm Product Warehousing and Storage (NAICS 493130) and will remain in effect for five years. OSHA renewed the program because Days Away,…

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Colorado Ag Overtime Changes Bring Higher Threshold, Higher Penalties

As discussed here, Colorado’s SB26-121 originally proposed significant changes to the state’s agricultural overtime requirements. Signed into law on May 4, 2026, the new law takes effect January 1, 2027 and establishes a 56-hour workweek threshold before most agricultural employees must receive overtime pay. This replaces the lower thresholds that were scheduled to…

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California’s LWDA Revises Proposed PAGA Regulations

The California Labor and Workforce Development Agency (LWDA) has issued a second round of proposed changes to its PAGA regulations, further clarifying key procedures and tightening compliance requirements. The latest revisions build on LWDA’s earlier proposal and address PAGA notices, employer cure opportunities, and filing practices. Notably, LWDA revised its rules for high-frequency…

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Heat Illness Reminder for CA and AZ

With another stretch of extreme heat affecting agricultural regions across the West, employers should take time now to confirm that heat illness prevention procedures are fully implemented, communicated and documented. In California, Cal/OSHA recently reminded employers of their obligation to provide workers with adequate water, shade or cool-down areas, rest breaks, and training.…

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Colorado Significantly Revises Its Landmark AI Law

Colorado made national headlines in 2024 by becoming the first state to enact a comprehensive law regulating high-risk artificial intelligence (AI) systems. The law immediately drew significant attention and criticism, from businesses and technology companies, prompting concerns about compliance burdens, uncertainty, and the potential impact on innovation. Following extensive stakeholder…

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Preventing Discrimination in California: The Workers’ Compensation Trap

The Scenario: Employee sustains a work-related injury and files a workers’ compensation claim. While the claim is pending, the employee is declared temporarily totally disabled (“TTD”) for one reason or another. After receiving notice of the TTD finding, the employer, believing the employee to be “totally disabled” (as opposed to “temporarily totally disabled) either refuses to…

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Smoke on the Horizon: What Employers Need to Do Now

As wildfire activity increases across Arizona, California, Colorado and New Mexico, employers should take proactive steps to protect employees from the health hazards associated with heavy smoke conditions. While California has a specific Wildfire Smoke Emergency Standard, employers in Arizona, Colorado, and New Mexico are also required under federal OSHA's General Duty Clause to provide a…

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IRS Issues Mid-Year Mileage Rate Increase

In response to rising fuel costs, the U.S. Internal Revenue Service (IRS) announced a mid-year increase to the optional standard mileage rates used to calculate deductible automobile costs for business, medical, or moving purposes. The increase is effective July 1, 2026. The following rates apply to eligible travel from July 1, 2026, through December 31, 2026: Business…

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