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

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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EEOC Formally Proposes Recission of EEO-1 Reporting Requirement

On July 21, 2026, the U.S. Equal Employment Opportunity Commission (EEOC), by a 2-1 vote, issued a Notice of Proposed Rulemaking (NPRM) that would rescind annual EEO data reporting requirements for employers and other covered entities. If finalized, the rule would eliminate the obligation to submit annual workforce demographic reports—commonly known as EEO-1, EEO-2, EEO-3,…

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Colorado Adds New Requirements for I-9 Identification Documents

Colorado employers should review their I-9 and onboarding procedures following the enactment of HB26-1283, which creates new restrictions on how employers handle applicants' and employees' government-issued identification documents. The law took effect immediately upon Governor Polis' signature on June 3, 2026, and establishes new notice requirements, strict limits…

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California Limits When Arbitration Agreements Can Be Enforced

Governor Gavin Newsom has signed Assembly Bill 2155 (AB 2155), aligning California's Arbitration Act with the Federal Arbitration Act (FAA). Effective January 1, 2027, an arbitration agreement that would be unenforceable under the FAA will likewise be unenforceable under California law. What Does it Mean? AB 2155 does not prohibit employment arbitration agreements or change the…

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California Civil Rights Department Updates Guidance on Disability Accommodations

The California Civil Rights Department (CRD) has released new guidance on workplace protections for workers with disabilities. The fact sheet does not appear to create new legal obligations, but it is a useful reminder of California employers’ existing duties to reasonably accommodate employees and applicants with disabilities and to engage in a timely, good-faith interactive…

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Arizona AG Creates New Community Civil Rights Advisory Council

Arizona employers should take note of a recent development from the Arizona Attorney General’s Office: Attorney General Kris Mayes has announced the creation of a new Community Civil Rights Advisory Council within her office. The move follows the Arizona Legislature’s decision earlier this year to eliminate the state’s long-standing Arizona Civil Rights Advisory Board. For nearly…

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DOL Clarifies When Meal Breaks Remain Unpaid Under the FLSA

The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued an opinion letter providing an important clarification on unpaid meal break compliance under the Fair Labor Standards Act (FLSA). The guidance addresses whether time spent walking to parking areas or navigating security during a meal period renders that time compensable. In its opinion letter, the WHD…

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Best Practices: AI in the Workplace: What Employers Should Be Doing Now

Artificial intelligence (AI) is quickly moving from a “nice-to-have” tool to a core part of day-to-day operations. Employers are increasingly using AI for recruiting, performance management, workforce analytics, and employee communications. At the same time, regulators and courts are paying close attention. New laws, enforcement activity, and litigation trends signal that AI in…

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Best Practices: Workplace Investigations

Many state and federal laws require an employer to investigate employee complaints in a timely manner (e.g., California Fair Employment & Housing Act, Title VII, ADA/ADAAA). Prompt and thorough investigations ensure accurate recollections and give the employer the opportunity to quickly take all appropriate corrective actions. The first steps taken by an employer in any…

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Comment Period Closing Soon for DOL Joint Employer Proposal

The public comment period for the U.S. Department of Labor’s proposed Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act is about to close. Published April 24, 2026, the public comment period for the DOL’s Notice of Proposed Rulemaking (NPRM) ends June 22,…

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New Workforce Development Opportunities for Farmworkers Across California

The California Employment Development Department (EDD) has awarded $5 million through its Farmworkers Advancement Program in an effort to expand education, workforce training, and career advancement opportunities for California agricultural workers. The program will provide training in English, math, digital literacy, and other workforce skills designed to support career growth both…

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EEOC’s New National Enforcement Plan Signals a Shift in Federal Enforcement Priorities

The U.S. Equal Employment Opportunity Commission (EEOC) has replaced its 2024-2028 Strategic Enforcement Plan with a new National Enforcement Plan (NEP) covering fiscal years 2025-2029. The NEP is intended to guide the agency's enforcement, litigation, outreach, education, and dispute resolution activities and to provide employers with a clear indication of where the agency plans to…

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Colorado Employers Face New State EEO-1 Reporting Requirement

On June 4, 2026, Colorado Governor Jared Polis signed HB26-1207, requiring certain private employers conducting business in Colorado to submit demographic workforce data, commonly known as EEO-1 data, to the Colorado Secretary of State beginning July 1, 2027. The law applies to private-sector employers with 100 or more workers that were required to submit EEO-1 data to the EEOC as of…

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California Local Minimum Wage Increases Take Effect July 1, 2026

California employers with operations in certain cities and counties should prepare for local minimum wage increases effective July 1, 2026. Many California jurisdictions adjust their rates annually based on the Consumer Price Index (CPI), and most have now issued official notices confirming their 2026 rates. It is important to note that these local rates often exceed…

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Marijuana Rescheduling: What Employers Need to Know Now

A recent shift in federal policy has changed how marijuana is classified, but not as dramatically as headlines suggest. In April 2026, the Department of Justice reclassified certain marijuana products, specifically FDA-approved drugs and state-licensed medical marijuana, as Schedule III under the Controlled Substances Act. This change introduces a new dual…

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Best Practices: Attendance Policies Still Matter

A recent federal court decision highlights an important takeaway for employers: consistently enforced attendance policies and well-documented decision-making can be a strong defense against discrimination and retaliation claims. At issue in the case was whether the employee’s termination was based on consistently documented attendance policy violations as opposed to allegedly discriminatory…

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